Marian Johns News
Court rules injured motorist can keep experts in case against logistics company
OCALA —A federal judge has struck down a California logistics company's attempt to remove experts in a lawsuit filed by a Florida motorist who was injured in a vehicle accident involving the company's driver and an 18-wheeler.
Attorney who allegedly called renter's request for emotional support animal 'BS' DQ'd from representing management client
ORLANDO — A federal court has disqualified an attorney whom the court considers a "necessary witness" from representing a property management company in a Fair Housing Act case where an Orlando woman alleges it wrongfully challenged her need for an emotional support animal (ESA).
U.S. court denies sanctions for attorney fees against former Blue Heron Commercial Group counsel
FORT MYERS — A federal court has denied a defendant's request for sanctions for attorney fees against the former counsel in a case involving Blue Heron Commercial Group.
Federal judge agrees with Wal-Mart in case involving injured customer
FORT MYERS — A federal judge has agreed with Wal-Mart's argument that negligent mode of operation claims are no longer viable in Florida after reviewing a west Florida woman's lawsuit against the retailer due to her slip and fall.
U.S. court backs BP's bid for dismissal of Deep Water Horizon oil spill personal injury suit
MIAMI — BP was successful in it's recent attempt to dismiss a personal injury lawsuit involving the Deep Water Horizon oil spill, a case that was transferred to the U.S. District Court for the Southern District of Florida due to what a federal judge called the plaintiff's and his attorney's "complete lack of respect for the court."
Court denies summary judgments involving dead 76-year-old hurt in transport from health facility
MIAMI — A federal court has denied both parties their motions for summary judgment and to strike expert witnesses in a case where the family of a 76-year old deceased Florida man alleges that he died from injures sustained while be transported from a renal care facility to his assisted living residence.
U.S. court dismisses ADA, RA claims against Ross University Medical School
FORT LAUDERDALE — The four remaining claims of a lawsuit filed against Ross University Medical School, a Barbados university with administrative offices in Miramar, alleging Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) violations have been thrown out by a federal court.
Court dismisses 4 counts against former Nephron Pharmaceuticals employee in trade secrets case
ORLANDO — A federal court granted a former Nephron Pharmaceuticals employee who is being sued for allegedly giving trade secrets her motion to dismiss four counts relating to the Florida Uniform Secrets Act (FUTSA).
Court reduces attorney's rates to $300 per hour in ADA settlement
FORT MYERS — A federal court has determine that an award of more than $12,000 in attorney fees and cost was "reasonable" after a Florida man prevailed in his lawsuit against Edison Park Plaza alleging civil rights and Americans with Disability Act (ADA) violations.
Russians involved in botched $5 million Florida real estate deal granted part of dismissal
MIAMI — A Miami man and his ex-wife named in a lawsuit relating to a $5 million Florida real estate business deal with a fellow Russian that went bad have been granted part of their motion to dismiss the case by a federal court.
Delray Beach company gets property dispute case remanded to Palm Beach Circuit Court
MIAMI — A Delray Beach company has succeeded in having its real property dispute against an international telecommunications company that owns and operates an undersea fiber optic cable system remanded to the Palm Beach Circuit Court.
Federal judge says Miami-Dade County didn't discriminate when forcing retired judge to take pay cut for part-time work
A federal judge recently ruled that Flora Seff, a former Miami-Dade County judge and former assistant state's attorney, failed to show an age discrimination claim relating to Miami-Dade County's retiree rehiring policy that caused a reduction in her six-figure salary as a part-time worker.
Court grants parts of investment firm's bid to strike claims in $13.5 million Pompano Beach hotel case
MIAMI — A federal court has granted parts of a Florida investment company's motion to strike claims in a lawsuit involving a dispute over the managing, renovation and $13.5 million sale of a Pompano Beach resort hotel.
Court disqualifies appraiser in dental practice's $596,000 Hurricane Irma insurance claim
FORT MYERS — A federal court has disqualified a Naples dental practice's appraiser used in a lawsuit because the percentage of the nearly $600,000 Hurricane Irma property damage insurance claim was more than the state's 10 percent cap.
Court rejects insurance company's claim FEMA should be lawsuit target in hurricane flood case
FORT MYERS — A federal court has rejected an insurance company's claims that the Federal Emergency Management Agency (FEMA) should be the subject of a lawsuit filed by a Florida man over a Hurricane Irma standard flood insurance policy (SFIP) dispute.
Federal court extends Green Cove Springs RV repair shop's attempt to prove jurisdiction
JACKSONVILLE — The U.S. District Court for the Middle District of Florida Jacksonville Division has ruled that an Arizona RV dealer has failed to show if the court has diversity jurisdiction in a lawsuit filed by a Green Cove Springs RV repair shop over a restrictive covenant dispute.
Worker alleging overtime pay violations denied class action bid against Steelmaster Industries
ORLANDO — An Oakhill man suing a Florida construction company alleging he was not paid for overtime work was denied his attempt for a class action by a federal judge due to the case's "generalized allegations" among potential class members.
Court declines jurisdiction in decade-long litigation involving Fort Myers construction company
FORT MYERS — A federal court has declined to accept jurisdiction of a commercial insurer's declaratory judgment in a decade-long litigation involving a Fort Myers construction company and construction defects arising out of a 2007 home remodeling project.
Judge: Ex-Trump campaign worker can't bring lawsuit vs president 'for political purposes'
A lawsuit filed by a former campaign staffer against Donald Trump and his campaign, alleging Trump kissed her without her consent at a Florida rally, was recently dismissed without prejudice by a federal judge who warned against litigation "for political purposes."
Court tosses suit filed by Key West business in insurance dispute over Hurricane Irma damage
A federal court has thrown out a lawsuit filed by a Key West business claiming its insurer breached an amended insurance contract after they filed a Hurricane Irma property damage claim.