Marian Johns News
U.S. court rules against disabled gas station customer
FORT MYERS — A federal court has ruled a disabled Florida man's complaint that a Naples Marathon Gas Station had "physical barriers" and Americans with Disabilities Act (ADA) violations were not a "sufficient basis for judgment" while denying his motion for entry of judgment after default.
U.S. court rules against Fort Myers woman in insurance dispute
FORT MYERS — A Fort Myers woman's request for certification for interlocutory appeal has been denied by a federal court in her insurance dispute case against Travelers Insurance.
Florida man denied hearing in delinquent mortgage case
FORT MYERS — A Florida man whose home mortgage was turned over to debt collection services was denied his request for a hearing regarding his lawsuit that alleges violations of the Federal Fair Debt Collection Practices Act (FDCPA) and Florida's Consumer Collection Practices Act (FCCPA).
U.S. court rules against Fort Myers high school student who wanted 5th year of sports
FORT MYERS — A federal court has dismissed without prejudice a Fort Myers high school student's allegations of disability discrimination against the Florida High School Athletic Association as part of his ongoing legal battle to be allowed to continue to play high school sports for a fifth consecutive year due to his learning disability.
Homeless St. Augustine man wins injunction against St. Johns County sheriff
JACKSONVILLE — A federal court has enjoined the St. Johns County sheriff and the director of the Florida Highway Patrol from enforcing a Florida statute regarding solicitation on public streets against a St. Augustine homeless man who alleges violation of his First Amendment rights.
Court rules against South Florida woman's pregnancy discrimination allegations
MIAMI — A federal court has dismissed a case filed by a South Florida woman who alleged she was discriminated against and fired by a hair removal salon chain due to her pregnancy.
Florida dental implant company's case against San Diego dentist transferred to California court
MIAMI — A case involving a Florida dental implant services company's allegations that a San Diego dentist infringed its logo design has been transferred to the U.S. District Court for the Southern District of California.
Court says Florida man injured in truck accident can obtain electronic data from the vehicle
OCALA – The U.S. District Court for the Middle District of Florida recently ruled that data from an electronic control module in a freight transport company's vehicle that was involved in an accident that injured a Florida man can be used in a personal injury lawsuit.
Judge dismisses class action claims vs Porsche over overheating engines, damage
A federal judge has granted Porsche a dismissal for one of three claims alleged in a class action suit filed by a Miami-Dade man and a Hillsborough County man, alleging the carmaker knew of an engine cooling system safety defect in some of its vehicles.
Federal judge: Pro se lawsuit over workers compensation claim "incomprehensible, disjointed"
A federal judge has ruled that a Naples man filing a lawsuit against his insurance carrier pro se has an "incomprehensible" shotgun pleading in a case involving a dispute over a workers compensation claim.
Florida company denied enforcement of automatic stay in judgment collection case
A Florida equipment financing and leasing services company has been denied its request to enforce an automatic stay of an insurance company's attempt to collect on a judgment.
Judge won't end Brazilian man's $500K fraud suit vs American Family Legacy Group
A federal judge has shot down a Tampa asset management firm's attempt for summary judgment citing "factual disputes" in the case brought by a Brazilian man who alleges the firm broke a contract and committed fraud, costing him nearly a half-million dollars.
Court allows claims to stand in lawsuit filed by family of inmate who died in Orange County's jail
The U.S. District Court for the Middle District of Florida recently determined that claims against four Orange County correctional nurses and five correctional officers can stand in a case involving the death of a 75-year-old inmate who suffered a fractured neck after a use of force incident.
U.S. court cites 'defects' in tossing out 'vaxatious litigant's' latest suit vs Taylor Swift, TAS Rights Management
A federal court has thrown out what is the latest case in a string of lawsuits filed by a Florida man against Taylor Swift and her business due to the suit's "defects" and lack of cause of action.
Norwegian Cruise Line passengers in 'bomb cyclone' told to refile claims
A federal judge has told a group of more than 175 plaintiffs who were passengers on a Norwegian Cruise Line ship during a 2018 "bomb cyclone" that their complaint claiming two counts of negligence contains "inconsistent" allegations, while also giving them time to refile.
Tampa Rodeway Inn owners can't dodge lawsuit claiming online reservation system violates ADA
A woman will be allowed to continue with her lawsuit accusing the Tampa Rodeway Inn of operating an online reservation system that does not comply with the Americans with Disabilities Act (ADA).
U.S. judge: Employee's age discrimination allegations against USPS 'confusing' complicated'
A federal judge has granted a win to the U.S. Postal Service against a postal employee's age discrimination lawsuit, calling the evidence presented by a Kissimmee man "confusing and complicated."
Federal judge orders insurance case over boat's sinking to arbitration
A case involving an insurer alleging the sinking of a Florida man's boat was not accidental but due to a hull defect has been sent to arbitration by a Tampa federal judge.
Court: Marriott must allow insurer to conduct 'destructive testing' in hurricane damage claim
South Beach Marriott has lost its legal attempt to prevent its insurance company from conducting "destructive testing" on its hotel property as part of a $16 million insurance claim due to damages from Hurricane Irma.
Judge transfers trucker OT suits vs Waste Management to district court in Florida, four other states
A lawsuit accusing Waste Management of shorting its Florida truck drivers overtime pay is among a collection of similar suits punted by a Texas federal judge back to the home states in which the lawsuits first originated.