Charmaine Little News
Court permits federal tax history as evidence in wage violation case
The U.S. District Court for the Southern District of Florida will allow a restaurant and others named in a lawsuit to bring their accusers' tax records into evidence, the court determined on July 23, but it barred evidence of prior litigation between the parties.
Judge denies class certification in defective refrigerator case, dismisses complaint
On July 24, the U.S. District Court for the Southern District of Florida denied a motion for class certification for a group of people suing Dometic Corporation over alleged defective refrigerators, then dismissed the lawsuit for lack of subject matter jurisdiction.
Court allows lawsuit alleging ADA violations against Florida doctor to proceed
A Florida physician was denied her motion to dismiss a lawsuit against her alleging violations of the Americans with Disabilities Act in the U.S. District Court for the Southern District of Florida on July 25.
Court settles jurisdiction dispute, for now, in breach of contract case between roofing, insurance companies
On July 1, the U.S. District Court for the Middle District of Florida’s Orlando Division denied Rising Star Roofing’s motion to remand a case back to state court in its lawsuit against an insurance company – but left open the possibility the case might be remanded anyway.
Company gets approval to continue with complex patent case in district court
The U.S. District Court for the Middle District of Florida in the Orlando Division gave a company the green light to continue its extensive patent lawsuit on July 23.
Court rules woman's privacy not violated when lawyer met with her physician
TALLAHASSEE -- A three-judge panel for Florida's First District Court of Appeal determined that a woman’s privacy rights weren’t infringed upon when a lawyer met with her doctor about her workers’ compensation claims.
Court denies protein company's motion to remand
TAMPA -- A forum selection clause in an agreement is too ambiguous, the U.S. District Court for the Middle District of Florida Tampa Division ruled April 17 as it denied a protein company’s motion to remand the case back to state court.
Employee loses discrimination, retaliation case against USF
TAMPA -- After a former employee failed to prove discrimination and retaliation, the University of South Florida won its motion to dismiss with the U.S. District Court for the Middle District of Florida Tampa Division on April 16.
Court rules against tobacco companies' motion for new judgment in wrongful death case
JACKSONVILLE -- The U.S. District Court for the Middle District of Florida in the Jacksonville Division denied on April 15 a group of tobacco companies’ renewed motion for judgment as a matter of law and alternative motion for new trial.
Court dismisses several counts against Japanese company in dispute regarding irrigation products system
TAMPA – The U.S. District Court for the Middle District of Florida recently granted in part a foreign chemical corporation’s motion to dismiss a complaint and motion to strike the plaintiff’s demands for injunctive relief in a dispute regarding talks over the possible purchase of an irrigation products system.
State high court: Florida Power & Light can charge consumers for environmental work at Turkey Point plant
The Florida Supreme Court ruled April 25 that it was legal for an electrical utility company to impose fees on customers in order to recover costs for work done to reduce the environmental damage caused by the company’s Turkey Point Power Plant.
Sixth Circuit judge declines to dismiss Florida AG's lawsuit vs opioid manufacturers
Florida's attorney general has secured a win in court, as a judge in Pasco County has refused major opioid manufactrers' try to dismiss the AG’s case.
Webinar on intellectual property available for entrepreneurs, business owners
Financial Poise's latest on-demand webinar titled IP-101, sponsored by EisnerAmper, encourages founders and entrepreneurs of blooming businesses to get educated on all things intellectual property.
Working With Experts webinar planned for April 24
The Working With Experts course will soon be available for Financial Poise Webinars' Newbie Litigator School’s Winter/Spring 2019 session. It will take place Wednesday, April 24 from 1-2 p.m. Central Standard Time.
Sergeants' repeated fraudulent behavior qualifies arresting officers for immunity, appeals court rules
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
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
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
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
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
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.