Elizabeth Alt News
Motion to certify to appeals court denied in class action alleging Telephone Consumer Protection Act violations
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
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
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
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
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
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
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
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
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
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
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.”
High court dismisses Sierra Club challenge to Florida Power & Light rate hike
The Florida Supreme Court in a May 17 decision denied the Sierra Club’s appeal that had claimed a Florida Public Service Commission order granting a Florida Power & Light (FPL) petition to raise utility rates was not in the best interest of the public.
Alleged Vermont ski resort Ponzi scheme suit dismissed
MIAMI -- Judge Federico A. Morino issued an order May 15 for the U.S. District Court Southern District of Florida to dismiss a plaintiffs’ class complaint, alleging the owner of two Vermont ski resorts had used investor money to buy and fund his resort projects.
Marine company ordered to clarify negligence complaint
MIAMI -- The U.S. District Court for the Southern District of Florida has issued an order granting a third party’s motion to dismiss a suit alleging indemnity and contribution after the party was sued for negligence in repairing a boat.
Federal court says FCC definition of automatic telephone dialing systems applies in debt collector suit
MIAMI – The U.S. District Court for the Southern District of Florida issued a ruling that the FCC definition of automatic telephone dialing systems are binding in district courts in a woman's case alleging a debt collector violated the Telephone Consumer Protection Act (TCPA) by calling her cellphone without consent.
U.S. District Court in Miami cites means test in agreeing to hear bankruptcy appeal
MIAMI – The U.S. District Court for the Southern District of Florida issued an order to deny a bankruptcy trustee’s motion to dismiss an appeal for lack of jurisdiction.
Florida court dismisses suit over $80 airline tax, but allows plaintiff to amend claim
MIAMI (Legal Newsline) – The U.S. District Court for the Southern District of Florida has dismissed a lawsuit against an airline company over an $80 “exit fee” a customer claimed shouldn’t have been charged for his flight.
Florida Supreme Court OKs lawyer referrals
TALLAHASSEE -- The Florida Supreme Court issued a ruling March 8 that went directly against its previous judgment that banned lawyers from participating in for-profit lawyer referral services.
Appellate court affirms award for widower in cigarette case
PALM BEACH -- Florida's Florida Fourth District Court of Appeal has denied the appeal from Philip Morris and R.J. Reynolds in a lawsuit that found in favor of a Florida man who sued the tobacco companies for hiding the dangers of smoking, alleging the plaintiff’s medical expert testimony wasn’t qualified.
An 'onslaught' of lawsuits from the blind is happening; Blame both Obama's and Trump's DOJ
WASHINGTON (Legal Newsline) – The U.S. Department of Justice has yet to release long-promised clarifications on the Americans with Disabilities Act that would help judges handle lawsuits that claim businesses’ websites are not handicap-accessible - and the blame isn't on just one of the country's last two, very different presidents.