Elizabeth Alt News

Tampa court: Not enough proof of fraud found in disputed boat sale between friends

By Elizabeth Alt | Jun 29, 2018

TAMPA -- The Tampa District Court hasdenied a man’s motion to strike his former friend’s counterclaims and have him sanctioned for perpetuating a fraud on the court, stating the motion did not provide clear evidence.

Miami court won’t dictate venue in motion to compel arbitration

By Elizabeth Alt | Jun 28, 2018

MIAMI -- The U.S. District Court for the Southern District of Florida closed a case after granting a motion to compel arbitration over a contract dispute, following the Supreme Court precedent to “rigorously enforce arbitration agreements.”

Doctor denied dismissal of suit alleging defamation of hemp CBD oil 'Charlotte’s Web'

By Elizabeth Alt | Jun 28, 2018

FORT MYERS, Fla. -- The Fort Myers U.S. District Court dismissed a doctor’s motion to throw out a suit filed against him and others alleging that their defamation of the hemp based cannabidiol oil “Charlotte’s Web” has reduced its profits to zero.

Judge dismisses taxpayer's claims alleging IRS owes him over $2 million

By Elizabeth Alt | Jun 27, 2018

FORT MYERS – A federal judge in the U.S. District Court for the Middle District of Florida, Fort Myers Division, recently granted the Internal Revenue’s motion to dismiss two claims in a lawsuit alleging the IRS did not follow protocol before assessing a man over $2 million in penalties.

Center for Individual Rights claims pro bono client owes retainer

By Elizabeth Alt | Jun 16, 2018

The Center for Individual Rights, a public interest law firm organized under the laws of the District of Columbia, on May 30 In U.S. District Court for the Southern District of Florida sued former pro bono client Irina Chevaldina for a breach of contract worth $105,000.

From Legal Newsline

Airline moves to dismiss lawsuit over $80 airline tax again in Florida court

By Elizabeth Alt | Jun 15, 2018

MIAMI (Legal Newsline) – Attorneys for airline Insel International filed a motion to dismiss a man’s amended complaint over an airline tax, stating the amended complaint should still be dismissed for improper forum, lack of jurisdiction and failure to state a claim.

Judge denies motion to dismiss excessive force, battery claims in suit against Miami police officers

By Elizabeth Alt | Jun 14, 2018

MIAMI – The U.S. District Court for the Southern District of Florida recently denied a motion by Miami police officers to dismiss a Miami man's suit claiming among other things the officers used excessive force and violated Florida’s state battery law after the man was arrested and kicked and punched by officers during a street celebration following a Miami Heat game win in 2012.

Federal judge sets trial date in Freestream Aircraft suit to recover allegedly misspent funds

By Elizabeth Alt | Jun 13, 2018

WEST PALM BEACH – The U.S. District Court for the Southern District of Florida recently denied motions for summary judgment filed by all parties in Freestream Aircraft USA's suit alleging Atlas Aviation and other named defendants stole money from Freestream.

Judge denies motions for summary judgment in suit alleging broken ankle was due to cruise line's misleading ad

By Elizabeth Alt | Jun 13, 2018

MIAMI – The U.S. District Court for the Southern District of Florida recently issued an opinion denying motions for summary judgment made by both parties in a Delray Beach woman’s suit alleging her injuries on a shore tour were due to Oceania Cruises Inc.’s misleading advertising about the excursion.

Motion to certify to appeals court denied in class action alleging Telephone Consumer Protection Act violations

By Elizabeth Alt | Jun 13, 2018

FORT MYERS – The U.S. District Court for the Middle District of Florida, Fort Myers Division, recently denied a motion by Bright House Networks LLC and Advanced Telesolutions Inc. (ATI) to certify to the 11th U.S. Circuit Court of Appeals issues of whether the Government-Debt Exception fails strict scrutiny and cannot be severed in a suit alleging Telephone Consumer Protection Act (TCPA) violations for auto-dialed collection calls.

Sea Ray maker's motion to dismiss negligence claim granted in suit over damaged boat

By Elizabeth Alt | Jun 13, 2018

FORT MYERS – The U.S. District Court for the Middle District of Florida, Fort Myers Division, recently granted a boat manufacturer's motion to dismiss claims of negligence in an insurance company’s lawsuit alleging a defect caused a boat to sink, but the case will continue as their motions to dismiss claims of warranty breaches were denied.

Southern-Owners Insurance ordered to reimburse Zurich American for settlement in constriction site injury case

By Elizabeth Alt | Jun 11, 2018

JACKSONVILLE – Southern-Owners Insurance Co. (SOIC) was recently ordered to reimburse excess liability provider Zurich American Insurance Co. for a settlement to a man for injuries in a case against construction companies both providers had policies for.

Ocala, its police chief found to be liable for violating First Amendment with anti-crime prayer vigil

By Elizabeth Alt | Jun 11, 2018

OCALA – The U.S. District Court for the Middle District of Florida, Ocala Division, recently issued a decision finding that the city of Ocala and Police Chief Kenneth Gregory Graham violated the First Amendment by sponsoring or endorsing a prayer vigil.

Target granted summary judgment in suit alleging it was misled by contractor hired to build gender neutral bathrooms

By Elizabeth Alt | Jun 7, 2018

FORT MYERS – The U.S. District Court for the Middle District of Florida, Fort Myers Division recently granted Target summary judgment in its case alleging that the president of a contracting company hired to build gender neutral bathrooms misled Target into paying his company instead of a factoring company hired to take payments.

Lee County denied motion to dismiss artist’s suit over rights to 'Shell Love Bug' sculpture

By Elizabeth Alt | Jun 5, 2018

FORT MYERS – The U.S District Court for the Middle District of Florida, Fort Myers Division, recently denied a motion by Lee County to dismiss a lawsuit brought by local celebrity artist Pamela Rambo, who claims the county refuses to give her the title to a VW Beetle she turned into a sculpture known as the “Shell Love Bug.”

Delivery worker claims former employers refused to pay overtime

By Elizabeth Alt | May 30, 2018

On May 18, a lawsuit was filed in U.S. District Court for the Southern District of Florida alleging that a man’s former employers owe him for several years of unpaid overtime for working an average of 90 hours a week and receiving just $8 per hour.

Argentine couple alleges $3 million loss in real estate Ponzi scheme

By Elizabeth Alt | May 28, 2018

An Argentinian couple filed a complaint in the Southern Florida District Court on May 16 against multiple parties that the couple claims duped them into investing $300 million into real estate they never owned.

Florida high court reverses appeals court ruling on time frame for accepting settlement in lawsuit

By Elizabeth Alt | May 24, 2018

The Florida Supreme Court issued a ruling May 17 rejecting the 5th District Court of Appeal's decision to reverse a trial court’s ruling to deny a woman sued for car accident injuries to accept a settlement offer that expired.

Boca Raton suing Colorado attorney for alleged negligence in bids to buy shell companies

By Elizabeth Alt | May 24, 2018

On May 21, a Boca Raton man filed a suit in U.S. District Court for the Southern District of Florida against a Colorado attorney alleging breach of contract after the attorney accepted over $100,000 to purchase shell companies that allegedly were not available.

Former employee suing Florida testing lab for unpaid overtime

By Elizabeth Alt | May 24, 2018

A complaint was filed in the Southern Florida District Court on May 18 alleging Blackwater Testing and other parties owe the plaintiff “unpaid overtime compensation, liquidated damages, and the costs and reasonable attorneys’ fees of this action under the Fair Labor Standards Act.”

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