Charmaine Little News

Sergeants' repeated fraudulent behavior qualifies arresting officers for immunity, appeals court rules

By Charmaine Little | Feb 15, 2019

Since there was probable cause to arrest three Golden Beach Police Department sergeants, the arresting officers qualify for immunity, the U.S. Court of Appeals for the Eleventh Circuit determined, reversing a ruling from a lower court.

Despite 'stinky' conduct, Pasco County's actions toward property group not unconstitutional

By Charmaine Little | Feb 15, 2019

The U.S. Court of Appeals for the Eleventh Circuit answered the question of whether applying an ordinance raises issues with a substantive-due-process claim, and made it clear the answer was “no” as it reversed a summary judgment in favor of a property suing Pasco County amid the application of an ordinance on February 13.

U.S. court delivers split decision on attorney fees case

By Charmaine Little | Feb 15, 2019

MIAMI -- A federal court has granted in part and denied in part a motion by sheriff Scott Israel and captain Wayne Adkins to assess costs against USA Entertainment Group Inc. and motion to stay in its lawsuit against USA Entertainment and the city of Pompano Beach.

Court rules competing electronics companies aren't that similar

By Charmaine Little | Feb 14, 2019

ORLANDO -- A federal court did not see any chance of consumers mixing up electronics brands, causing it to deny on Feb. 8 Pro Video Instruments' motion for preliminary injunctive relief in an attempt to block a competitor from selling certain products in a trademark infringement lawsuit.

ADT granted partial summary judgment in lawsuit with competitor

By Charmaine Little | Feb 14, 2019

MIAMI -- ADT's motion for summary judgment against its alarm system competitor Alder Holdings LLC's counterclaims against it was granted in part and denied in part Feb. 7 by U.S. District Court for the Southern District of Florida.

Court grants VA motion for summary judgment in suit filed by officer who shot himself in the finger

By Charmaine Little | Feb 13, 2019

OCALA – The U.S. District Court in the Middle District of Florida recently granted a Department of Veteran Affairs (VA) motion for summary judgment in a lawsuit filed by a former VA police officer who claimed he became a victim of job discrimination and retaliation after he had shot himself in the finger.

Chanel granted default judgment in trademark counterfeiting and infringement suit

By Charmaine Little | Feb 13, 2019

MIAMI – The U.S. District Court for the Southern District of Florida recently granted Chanel Inc's motion for entry of final default judgment in its trademark and counterfeiting lawsuit against BestAAAChanel.org and other defendants.

Court grants summary judgment to apartment renovator in dispute involving oral contract

By Charmaine Little | Feb 8, 2019

MIAMI -- The U.S. District Court for the Southern District of Florida has granted summary judgment for an asset management company being sued for breach of contract after failing to come to a written agreement with a fund manager.

Court ruling sides with Royal Caribbean after it canceled cruise during Hurricane Harvey

By Charmaine Little | Feb 7, 2019

MIAMI -- A federal court on Feb. 4 refused to follow the report and recommendations of a magistrate judge that denied dismissal of a case against Royal Caribbean Cruises Ltd. for canceling a cruise and gave the woman suing the cruise line a chance to file a third amended complaint.

Bitcoin co-founder fails to convince court to entirely dismiss case

By Charmaine Little | Jan 17, 2019

MIAMI -- A co-developer of Bitcoin who faces a lawsuit managed to get only a portion of the case dismissed Dec. 27 in U.S. District Court for the Southern District of Florida.

Court hashes out patent infringement terms between manufacturing competitors

By Charmaine Little | Jan 17, 2019

TAMPA -- The U.S. District Court for the Middle District of Florida in the Tampa Division ironed out Dec. 28 a couple of terms that were disputed in a manufacturer’s patent infringement case against a competitor.

Governor names Luck to Florida Supreme Court

By Charmaine Little | Jan 17, 2019

MIAMI -- Florida Gov. Ron DeSantis has officially appointed Justice Robert J. Luck to the Florida Supreme Court, making him the second judge from the Third District Court of Appeal to receive the honor.

Court dismisses case over popular game Left Center Right due to lack of jurisdiction

By Charmaine Little | Jan 16, 2019

FORT MYERS -- A legal dispute over the trademarked game Left Center Right (LCR) was dismissed in the U.S. District Court for the Middle District of Florida Fort Myers Division on Dec. 27.

Bankruptcy appeal dismissed for lack of jurisdiction amid firing of popular music producer

By Charmaine Little | Jan 11, 2019

MIAMI -- A bankruptcy appeal was dismissed due to a lack of jurisdiction Dec. 27 in U.S. District Court for the Southern District of Florida.

Florida high court rules on timing of insurance deductible in hospital case

By Charmaine Little | Jan 10, 2019

TALLAHASSEE -- The Florida Supreme Court has weighed in with a unanimous decision on conflicting rulings from two lower courts on whether, based on Florida Statute 627.739, a personal injury protection insurance policy deductible should be applied to a medical provider’s bill for hospital emergency treatments before or after the fees are lowered under the reimbursement.

Florida high court rules GEICO operated in bad faith

By Charmaine Little | Jan 10, 2019

TALLAHASSEE -- The Florida Supreme Court decided Sept. 20 that a lower court erred when it ruled that a couple didn’t provide enough evidence to prove Geico General Insurance Company operated in bad faith in handling one of her claims.

Appeals court rules elevator company official can't be sued in worker's death

By Charmaine Little | Jan 10, 2019

TALLAHASSEE -- Florida's First District Court of Appeal determined Dec. 28 that a lower court erred when it denied a motion to dismiss a wrongful death action.

Supreme Court certifies need for need 8 more judges throughout state

By Charmaine Little | Jan 8, 2019

TALLAHASSEE – The Florida Supreme Court recently determined the state needs eight more trial court judges in the 2019-20 fiscal year and certified its findings and recommendations.

Supreme Court says witnesses can't be paid for assistance not directly connected to their roles in a case

By Charmaine Little | Jan 3, 2019

TALLAHASSEE – The Florida Supreme Court recently decided a version of Rule 4-3.4(b) regarding witness payments doesn’t allow a party to pay a fact witness for fees that aren’t directly connected to a witness’s role in the case.

Judge advises jury trial for clerk's office worker who resigned over allegedly racist social media posts

By Charmaine Little | Jan 1, 2019

The U.S. District Court for the Middle District of Florida in the Orlando Division weighed in on a man’s lawsuit against the Clerk of the Circuit Court and Comptroller of Seminole County, Florida after the man resigned after making controversial posts on social media.

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