David Hutton News
11th Circuit affirms lower court decision in two Broward County education cases
The U.S. Court of Appeals for the 11th Circuit has affirmed a lower court’s ruling in an Individuals with Disabilities Education Act case that has traversed the state’s court system for more than a decade.
Florida’s 3rd District Court of Appeal rules in island development case
Florida’s 3rd District Court of Appeal has handed down an opinion in the latest in the string of disputes over development by Two Islands Development Corp.
Broward Health officials accused of violating Sunshine Law
Five North Broward Health District officials have been indicted by a 17th Judicial Circuit Court grand jury alleging they violated Florida’s open-government law by holding meetings without public notice during which they discussed the termination of the former interim CEO.
JQC request stay of Robinson discipline hearing; look into ‘additional matters’
The Florida Judicial Qualifications Commission has asked the Florida Supreme Court to put on hold an agreement with Broward County Judge Claudia Robinson over allegations she steered work to a mediator who worked as a volunteer on her 2014 campaign.
11th Circuit Court of Appeals upholds ruling against Boston Scientific
The U.S. 11th Circuit Court of Appeals has upheld a lower court’s ruling that consolidated cases filed by four women who alleged injuries by a defective pelvic mesh implant by Boston Scientific Corp.
U.S. District Court judges levy sanctions against Florida attorneys
A panel of U.S. district court judges have imposed $9.1 million in sanctions on a pair of Florida lawyers involved in Engel product liability cases waged by smokers against the U.S. tobacco industry and ultimately settled, deeming the moves a waste of judicial resources.
U.S. 11th Circuit Court of Appeals upholds ruling in decade-long legal battle
ATLANTA -- The U.S. 11th Circuit Court of Appeals has upheld a lower court ruling dismissing Rubin Schron from the wrongful death lawsuit filed by the estates of six deceased nursing home patients.
Appeals Court sides with Volusia County in termination of beach officer over Facebook posts
A Volusia County Beach Safety officer has lost his appeal before the U.S. Court of Appeals for the 11th Circuit in an effort to keep his job after he was fired for racially charged comments he made on social media about Trayvon Martin.
Florida’s First District Court of Appeal overturns workers' compensation claim
The Florida First District Court of Appeal has overturned an order in a workers' compensation case, ruling that a worker forfeited his right to benefits for a workplace accident after he offered conflicting details about his medical history and the cause of his injuries.
Florida appeals court overturns ruling denying dismissal in overtime case against Aegis Defense Services
Florida’s Fifth District Court of Appeal has overturned a lower court decision denying Aegis Defense Services LLC’s motion to dismiss a complaint in which a contract employee alleged it failed to pay him overtime for work he did in Afghanistan on behalf of the company.
Eleventh Circuit rules insurance companies used in Ponzi scheme not liable for coverage
In one of the final remnants of a Ponzi scheme orchestrated by Scott Rothstein, the U.S. Court of Appeals for the Eleventh Circuit has ruled that the insurance companies for a bank that was a part of the elaborate scam are exempt from paying out $25 million of a settlement between the bank and some of the victims.
Florida’s Fourth District Court of Appeal decision paves way for Sears to sublease part of store
For a retailer with little to cheer about, a decision by Florida’s Fourth District Court of Appeal was a home run for Sears, Roebuck & Co., overturning a lower court ruling in favor of Gardens Mall and the City of Palm Beach Gardens and paving the way for the store to sublease the second floor of its store to a sporting goods chain.
Florida’s Fifth District Court of Appeal decision paves way for trial over club's liability for drunk driving death
Florida’s Fifth District Court of Appeal has overturned a lower court’s ruling for summary judgment in a wrongful death lawsuit, paving the way for a trial to determine whether a Winter Garden golf club can be held liable for damages in a woman’s death.
2nd District Court of Appeal remands request for attorneys’ fees in divorce case
LAKELAND – Florida’s 2nd District Court of Appeal has vacated a lower court’s ruling in a divorce case and remanded it for a ruling on reasonable attorneys' fees and costs for the wife involved in the case.
2nd District Court of Appeal rejects malpractice lawsuit over ‘expert’ affidavit
LAKELAND – Florida’s 2nd District Court of Appeal has ruled that a woman can’t sue the Florida Orthopaedic Institute and a doctor for allegedly performing an unneeded surgery because she didn’t provide expert affidavits from a qualified medical professional.
Florida’s Second District Court of Appeals partly grants motion to quash discovery request in wrongful death suit
Florida’s Second District Court of Appeal has sided, in part, with Harborside Healthcare in its challenge of a trial court ruling that granted a request to obtain evidence by the estate of a former patient.
Appeals court remands Wells Fargo foreclosure case for new trial
PALM BEACH — The Florida 4th District Court of Appeals has sided with Wells Fargo Bank in its appeal of a judgment granting involuntary dismissal of a foreclosure case.
Florida lawmakers taking aim at assignment of benefits agreements
TALLAHASSEE — Lawyers in the Sunshine State may see storm clouds on the horizon as Florida officials look to shut down an alleged plaintiff-attorney get-rich-quick scheme.
Settlement reached with paralegal accused of defrauding customers
MIAMI — Accused of defrauding customers out of almost $2.4 million through a debt-reduction company, a Broward County paralegal has been ordered to pay $4,500 to settle the case.
Linda Warton Jackson joins Pardo Gainsburg as name partner
MIAMI – A South Florida attorney with more than 25 years of experience has merged her bankruptcy and corporate practice with Pardo Gainsburg PL, a real-estate and construction law firm.