Marian Johns News

Judge dismisses claim in case involving more than 20,000 stolen iPhones

By Marian Johns | Jun 17, 2019

A federal judge has dismissed a claim of declaratory judgment against three logistics companies who own a South Florida temporary storage facility where a shipment of more than 20,000 iPhones en route from China were allegedly stolen.

Federal judge rules plaintiffs in Royal Caribbean cruise death case 'abused' court system

By Marian Johns | Jun 17, 2019

A federal judge who stated his ruling demonstrates the "consequences" of pro se litigation has ordered a Lake Worth woman and her family suing Royal Caribbean Cruises over the death of their daughter to pay for attorney fees and costs due to their "abuse" of the court system.

Workers allegedly underpaid at Miami restaurant denied summary judgment

By Marian Johns | Jun 17, 2019

Several Florida residents who filed a class action suit against Galiano Restaurant and its corporate manager alleging they were paid about $2 an hour in violation of minimum wage laws were denied a summary judgment due to "shortfalls" in their documentation of tips and hours.

Sex offender denied appeal in suit alleging ankle monitor sent 'false alerts'

By Marian Johns | Jun 15, 2019

FORT MYERS — A Fort Myers registered sexual offender was denied his appeal in his pro se litigation against a Florida-based manufacturer of electronic monitoring devices alleging a defect in his ankle monitor caused "false alerts" to be sent to his probation officer.

Court dismisses Jacksonville worker's employment discrimination claim against Safelite

By Marian Johns | Jun 15, 2019

JACKSONVILLE — A federal court has dismissed a Jacksonville man's case who alleged he was fired from a local Safelite auto glass services operation due to employment discrimination.

Federal judge: Deerfield Beach propane supplier can't use evidence employee brandished firearm

By Marian Johns | Jun 14, 2019

MIAMI — A federal court has ruled that a Deerfield Beach propane supplier being sued by a former employee for allegedly not being paid for 1,566 hours of overtime pay can't present evidence of his brandishing a firearm at another employee as part of the case.

U.S. court dismisses some counterclaims in companies' 'Americooler' trademark dispute

By Marian Johns | Jun 14, 2019

MIAMI — A Hialeah walk-in cooler manufacturer who is suing a Port Charlotte commercial refrigerator supplier over trademark infringement for using the "Americooler" and "Coolstructures" name and who also faces trademark counterclaims was partly granted its motion to those allegations.

U.S. court: Plaintiffs in class action against Boca Raton benefits company can't collect $60 million

By Marian Johns | Jun 14, 2019

MIAMI — A federal court has ruled that plaintiffs in a class action suit against a Boca Raton benefits company alleging they were sent text messages without their consent can't collect more than a $60 million final consent judgment settlement from the company's insurer.

Settlement conference ordered in Fort Lauderdale dentist's dispute with insurer over disability claim

By Marian Johns | Jun 14, 2019

WEST PALM BEACH – The U.S. District Court for the Southern District of Florida recently denied an insurer's motion for summary judgment in a lawsuit filed by a Fort Lauderdale dentist who claimed he was denied part of his disability claim after he allegedly injured his back while accidentally stepping into a pothole.

Judge rules withdrawal of Miami company's claims would cause defendants to be 'materially prejudiced'

By Marian Johns | Jun 14, 2019

MIAMI — A federal judge has denied a Miami Electronic Health Records (EHR) developer's request to withdraw the federal claims it filed against the owners of several Florida companies alleged to have copied its software design, stating it would be a "disservice" to the defendants in the case and "destroy subject matter jurisdiction."

U.S. judge: Customer suing Carnival for injuries can present evidence about lost X-rays

By Marian Johns | Jun 14, 2019

MIAMI — A federal court has ruled that a woman suing the Carnival Corporation will be permitted to present evidence about the cruise line losing her X-rays taken by the ship's medical personnel after she slipped and fell down a set of stairs during a 2016 cruise.

Judge rules anti-abortion Jacksonville women lack evidence for religious discrimination claim

By Marian Johns | Jun 14, 2019

JACKSONVILLE — Two Jacksonville women who were fired after they video recorded a patient in distress at a local gynecological and abortion clinic being loaded into an ambulance while on the clock at a Jacksonville radiation therapy center and then shared it on an anti-abortion website, were told by a federal judge they lacked evidence to move forward with their religious discrimination claims.

Court upholds Florida residents' civil conspiracy claim against Progressive

By Marian Johns | Jun 14, 2019

FORT MYERS — Two Florida residents who filed a class action suit against their insurer in which they challenge the "methodology for valuation of total loss claims" won a partial legal victory as a federal judge upheld their claim of civil conspiracy.

Judge notes absence of wet floor sign in denying motion for summary judgment in slip, fall at Fort Myers resort

By Marian Johns | Jun 13, 2019

FORT MYERS – The U.S. District Court for the Middle District of Florida recently denied a motion for summary judgment requested by the owners of Sanibel Harbour Marriott Resort & Spa in a lawsuit filed by a woman alleging negligence after she slipped and fell on a wet tile floor in the resort's open air lounge.

Miami Beach strip club gets legal victory in efforts to challenge city regulations, ordinances

By Marian Johns | May 31, 2019

A Miami Beach nude strip club can proceed with lawsuit challenging the city of Miami Beach's regulations and ordinances, after a federal appeals panel reversed a federal judge's decision.

Miami real estate developer granted motion to stop his alleged mistress from seeking relief

By Marian Johns | May 31, 2019

Miami real estate developer Pedro Antonio Martin received a legal victory in his long-running litigation battles with his alleged mistress after a federal judge, who has presided throughout her case against Martin, granted his request to stop her from seeking any relief in the Florida Southern District.

Appeals court says IRS can proceed with injunction against Sarasota medical practice for unpaid taxes

By Marian Johns | May 31, 2019

The U.S. Court of Appeals for the 11th Circuit has overturned a ruling by the U.S. District Court for the Middle District of Florida, clearing the way for the Internal Revenue Service to proceed with an injunction against a Sarasota medical practice that has failed to pay federal employment taxes for nearly 10 years, despite facing IRS levies and liens.

U.S. court rules against patient alleging sexual assault at Cape Coral Hospital

By Marian Johns | May 31, 2019

FORT MYERS — A Florida woman alleging she was the victim of a sexual assault while a patient at Lee Memorial's Cape Coral Hospital had her motion to conduct attorney led voir dire and to allow contemporaneous transmission testimony from her psychologist, struck down by a federal court.

Federal court tosses out discrimination complaint regarding towed car

By Marian Johns | May 31, 2019

FORT MYERS — A federal court has thrown out allegations by a Fort Myers man whose car was towed and allegedly called a racial epithet at a local hotel, causing him to claim civil rights violations and discrimination.

Federal court: Florida woman must amend product liability case against implant maker

By Marian Johns | May 31, 2019

FORT MYERS — A federal court has given a Florida woman leave to amend her product liability case against an implantable blood clot device maker after declaring her allegations fail to show specific violations committed by each defendant.

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