John Breslin News
Disney has case to answer over its disability access program, appeals court rules
Thirty autistic children, and their parents, will be allowed to argue they were discriminated against by Disney over claims its entertainment parks failed to adequately accommodate people with individual issues and disabilities, an appeals court has ruled.
Manufacturers, distributors of opioids ordered to reply to state complaint within weeks
DADE CITY - Manufacturers and distributors of opioids have until next month to reply to a complaint filed by Florida that blames them, at least in part, for the epidemic of overdoses and deaths sweeping the state and country.
Federal judge rules jury trial waiver on lease agreement 'unambiguous'
FORT MYERS, Fla. --- A federal judge has ruled a Florida hair salon must abide by a provision in a lease agreement where it waived a right to a jury trial.
2 companies linked to defective revolvers ordered to hand over documents
MIAMI -- Two companies accused of manufacturing defective revolvers imported into the United States have been ordered to produce documents they allege are privileged.
'We are hung,' says jury as mistrial declared over punitive damages in tobacco trial
The trial of a tobacco company found largely responsible for the death of a 39-year-old Florida man ended dramatically Monday in the punitive damages stage as the jury sent a note to the judge stating they were deadlocked.
Oral arguments over Scott's appointment of judge to be heard after ballot papers printed
TALLAHASSEE - Florida's Supreme Court will hear oral arguments over whether Gov. Rick Scott has the right to appoint a judge to the circuit court just weeks before the November election, and after ballot papers are printed.
Federal judge sends false arrest claim back to the state court
Claims by the plaintiff against a pair of Lake City police officers include false arrest, malicious prosecution, and failure to discipline.
Appeals court affirms right of health administration agency to set rules when issuing facility certificates
An appellate court stepped into a legal tussle between hospital groups over which nabs the lucrative right to build a facility in Orange County.
$5 million diamond contracted to sell for 20 times less was an honest mistake, appeals court rules
MIAMI – A dispute over a loose diamond worth approximately $5 million but was contracted to be purchased for just $235,000 has led to a recent decision by Florida's Third District Court of Appeal in favor of the seller, ruling a "unilateral mistake" was made.
Appellate court upholds immunity protections from some medical malpractice lawsuits
Florida's legislation expanding immunity for certain doctors and institutions from medical malpractice lawsuits does not violate the state constitution, an appellate court ruled on Aug. 1.
Florida Supreme Court reinstates stay on moves by Gov. Scott to appoint judge
TALLAHASSEE – The Florida Supreme Court recently reinstated a trial court decision that bars Gov. Rick Scott from appointing a judge while a lawsuit against the move plays out.
No smoke for medical marijuana users until appeal plays out
Medical marijuana users still cannot smoke the plant after First District Court of Appeals reinstated a stay until the appeal process plays out.
Appeals court rules against energy company seeking refund in federal nuclear waste tax dispute
MIAMI – A federal appeals court recently ruled against a nuclear power plant operator over a claim that it is entitled to a nearly $100 million tax refund for losses caused by paying fees for the disposal of radioactive waste.
Suit alleges children held in solitary confinement at county jail for months
WEST PALM BEACH, Fla -- A class action suit has been filed challenging the keeping of children charged as adults, but not yet convicted, in solitary confinement.
Insurer sues Florida Power claims after transformer explosion, fire at shoe company warehouse
MIAMI – A Florida power company is being sued in U.S. District Court Court for the Southern District of Florida, Miami Division, by the insurer of a shoe company whose premises were badly damaged in a 2016 fire.
Television sports provider alleges partner has failed to pay full amount
MIAMI -- A television sports event provider is suing one of its partners, alleging failure to pay $666,000 in fees.
Cruise ship passenger alleges negligence in ramp collapse
FORT LAUDERDALE -- A Florida woman has filed suit against a cruise ship operator, alleging she suffered serious injury when a boarding ramp collapsed.
Default judgment in retrofit LED patent infringement case on hold, but long-running dispute may be winding down
FORT MYERS – A nearly three-year legal dispute between two former partners in the retrofit LED lighting industry appears to be approaching an end after the defendants in the patent infringement case failed to file a response to a motion for default judgment.
Judge allows foster child to amend complaint in negligence case, grants motions to dismiss by two defendants
FORT MYERS – A suit on behalf of a child in foster care against outside contractors hired by the state of Florida will continue after a federal judge recently denied some motions to dismiss made by defendants and allowed the plaintiff to amend his complaint.
Naples attorney fails in bid to have malpractice suit dismissed; judge orders case transferred to Florida court
A federal judge in Vermont recently denied a Florida-based attorney's request to dismiss a suit brought against him by a foreign investor who accuses the attorney of legal malpractice, inadequate representation and unjust enrichment in an alleged scam involving $200 million.