Charmaine Little News
Insurance company's motion to dismiss claims filed by bakery destroyed by Hurricane Irma is denied
On April 28, Scottsdale Insurance Company’s motion to dismiss a lawsuit from a bakery that suffered damage from Hurricane Irma was denied in the Middle District of Florida’s Fort Myers Division.
Insurer must pay for claims arising from assailant's second story jump and fall onto diner's table
Loan Ranger Acquisitions, LLC was granted its motion for summary judgment that declares it’s insured by Depositors Insurance Company amid a personal injury lawsuit against it on May 1.
KFC worker's FLSA lawsuit survives dismissal against owner and manager
On April 29, a KFC owner and franchise manager were denied their motion to dismiss a lawsuit filed by an employee who claims she wasn’t paid overtime hours worked.
Woman is owed permanent total disability benefits, appeals court rules
On April 15, Florida’s First District Court of Appeal ruled that a woman was owed permanent total disability benefits, despite a Judge of Compensation Claims initially denying her request.
Cigna wins case from a fired employee who previously helped his wife sue company
Summary judgment for Cigna Health and Life Insurance Company was granted in a suit filed by a former employee who was terminated after helping his wife sue the insurance carrier.
C.R. Bard, Inc.'s attempt to remove expert witness in negligence case denied in part
A doctor is only partially qualified to serve as an expert in a negligence case concerning a device implanted into a patient, a judge determined as he granted in part and denied in part a motion to exclude the expert's opinions.
Dissolution of talent company not valid, appeals court rules
A talent company’s disbanding was reversed in an appeals court as the judges determined that a stock agreement lacked consideration.
Northfield Insurance Company won't have to represent Fly Lounge after shooting, court rules
Northfield Insurance Company prevailed in its motion for summary judgment last month to avoid representing a property where a shooting took place.
Blue Cross Blue Shield dismissed from claims case as judge says plaintiff sued wrong defendant
Blue Cross Blue Shield of South Carolina and Companion Benefit Alternatives, Inc. aren’t the proper defendants in a woman’s case for wrongful denial of benefits concerning her detoxification and depression treatments.
PNC won't have to produce documents in FTC fraud case against debt relief business owner
Third-party PNC Bank will not have to produce complete or redacted documents in a fraud case the Federal Trade Commission filed against debt relief business owner Jeremy Lee Marcus and others.
Legal dispute over Church's Chicken franchise purchases settled as judge dismisses some claims
A group of holding companies' battle over a purchase of Church's Chicken franchises has continued as the Middle District of Florida's Ft. Myers Division granted in part and denied in part the defendants' motion to dismiss.
District court agrees with magistrate judge's suggestions for indemnity case after cafe shooting
The Middle District of Florida’s Jacksonville Division backed a magistrate judge’s recommendations in an insurance company’s attempt to not have to defend an internet café involved in a shooting.
Sporting goods reseller granted leave to respond to motion for summary judgment
Bryant’s Team Sports, Inc. was denied its motion for voluntary dismissal in its lawsuit against Mizuno USA, Inc., claiming breach of contract, but the court did grant Bryant’s Team its motion for alternative relief for an extension to respond to Mizuno’s motion for summary judgment.
Dismissal of FLSA claim against air conditioning company granted in part
Amplus Air Conditioning Contractor’s motion to strike or dismiss an amended complaint for allegedly not properly paying an employee as granted in part and denied in part.
Plaintiff suing James River Insurance Company gets motion for protective order concerning documents
A plaintiff suing James River Insurance Company was also granted his motion for protective order in a case over a subpoena for his former lawyer.
Negligence case against Carnival following slip-and-fall dismissed without prejudice
A slip-and-fall case against Carnival Corporation was dismissed in the U.S. District Court for the Southern District of Florida’s Miami Division on March 19.
Fraudulent concealment class action against Porsche dismissed without prejudice
Luxury car company Porsche Cars North America, Inc.’s motion to dismiss a class action involving alleged mechanical defects was granted in part in the Southern District of Florida on March 26.
Law firm doesn't need expert testimony in $34K lawsuit, court rules
An appeals court determined that an expert opinion isn’t needed when a lawyer sues a client for breach of contract, so it reversed a previous ruling that denied a law firm’s claim for unpaid attorney fees.
Court rules Heritage Tobacco can no longer use competitor's branding amid restraining order
A tobacco company was granted its restraining order against a similar business that allegedly stole its trademark to sell overseas.
Collection agency that won FDCPA case isn't owed attorney's fees, court decides
While a Fair Debt Collection Practices Act suit was dismissed against a collection agency, the company didn’t win attorney’s fees.