Marian Johns News
Federal court rules against Mid-Continent Insurance in its bid for summary judgment
JACKSONVILLE — A federal court has denied Mid-Continent Insurance's request for a summary judgment in a case involving a Florida couple who allege the insurer's bad faith from an underlying construction defect lawsuit in which the insurance company refused to defend their insured builder Cronk Duch.
Geico ordered to pay license plate transfer, title fees as part of vehicle replacement
ORLANDO — A federal court has ruled that the plaintiffs in a breach of contract class action lawsuit whose cars were declared total losses by Geico Insurance are entitled to title and license plate transfer fees as part of the "actual cash value" replacement for their vehicles.
Judge grants BeSweets injunction, default judgment in 'Sugarbearhair' trademark infringement case
MIAMI — A federal judge has granted Broward County-based BeSweets Creations a default judgment as well as a permanent injunction in its "Sugarbearhair" trademark infringement case but has postponed the awarding of the company's proposed relief of $1,000 per unit of copy cat products that were sold.
Miramar medical supply company wins partial dismissal in case alleging fraudulent W-2, 1099 forms
MIAMI — A federal court has granted part of a Miramar-based medical supply company's dismissal of a former employee's claims of unpaid overtime and fraudulent W-2 and 1099 filings.
Federal judge awards $4,080 in attorney fees to BP in Deepwater Horizon cleanup worker's case
FORT LAUDERDALE — A federal judge has awarded BP $4,080 in attorney fees in a case involving a man who alleges he suffered injuries while working on the Deepwater Horizon oil spill cleanup efforts.
Court grants motion to compel in Kissimmee timeshare seller's battle with 80-year old couple
ORLANDO — A federal court has granted a motion to compel interrogatories and responses filed by Orange Lake Country Club in Kissimmee in a case involving a timeshare dispute with an 80-year old Illinois woman and her husband who is diagnosed with dementia and Alzheimer's.
Court denies Florida businesses temporary restraining order in H-2B foreign worker applications case
FORT MYERS — An Orlando landscaping company and an Englewood, Florida, restaurant have been denied a temporary restraining order as part of their efforts to stop the U.S. Department of Labor's "lottery selection process" for review of H-2B foreign worker applications.
Court rules against convicted child pornographer's petition for spouse's U.S. residence status
ORLANDO — The federal government was granted its motion to dismiss a complaint filed by an Indian Harbour Beach, Florida, man who was prosecuted in the Netherlands for trafficking in child pornography and denied a petition for his Mexican citizen spouse to seek permanent residence status in the United States.
Court: Bad faith claim against Safeco must wait until coverage dispute is resolved
FORT MYERS — A federal court has dismissed a bad faith claim against Safeco Insurance Company filed by a Florida man who suffered severe injuries in a 2018 car crash he alleges were covered under his policy.
Court rejects judge's report in case involving Winn Dixie employee's alleged alcohol-related crash
FORT MYERS — The U.S. District Court for the Middle District of Florida Fort Myers Division has rejected a magistrate judge's report and recommended in a case involving a Winn Dixie employee being denied her medical claims after an alcohol related vehicle crash.
U.S. court dismisses trademark infringement case involving Fort Lauderdale data security company
MIAMI — A federal court has granted a Nashville company's claim of lack of personal jurisdiction dismissal in a lawsuit with a Fort Lauderdale data and network security company regarding trademark infringement.
Salt Life granted dismissal in alleged trademark infringement litigation with Shaka Life
MIAMI — Salt Life has been granted a dismissal by a federal judge in its countersuit litigation involving Shaka Life, based in Medley, Florida, over alleged trademark infringement.
Federal court: Miami man suing insurer in Hurricane Irma case can't include fees, court costs
MIAMI — A North Miami man suing his flood insurance carrier over a Hurricane Irma property damage claim dispute has lost his attempt to recover fees, court costs and interest as part of his alleged breach of insurance contract litigation.
Judge dismisses bid by mother of disabled student to require Miami-Dade schools to hire paraprofessional
MIAMI — A lawsuit filed by the mother of a disabled middle school student alleging the School Board of Miami-Dade County refuses to assign her son a paraprofessional has been dismissed by a federal judge who ruled she did not follow the Individuals with Disabilities Education Act (IDEA) "mandatory administrative process."
UCF professor loses attempt to strike down JetBlue's affirmative defenses in discrimination case
ORLANDO — A University of Central Florida adjunct professor and former JetBlue senior analyst has been denied an attempt to strike down a series of affirmative defenses in her suit against the airline, alleging she was fired because of her age and race.
Court denies Miami man protective order in case involving $8 million in lost cryptocurrency funds
MIAMI — A Miami man was denied his request for a protective order to prohibit a digital cryptocurrencies company's communication with class members in a suit involving the loss of more than $8 million in customer funds.
Judge rules against Kissimmee woman who alleged illegal foreclosure after Hurricane Irma
ORLANDO — A federal judge has thrown out all three counts filed by a Kissimmee woman who was in a temporary loan payment suspension program following Hurricane Irma and alleged that loandepot.com foreclosed on her property because she had refused to enter into a higher rate loan modification agreement.
Federal court: Deeds prepared by California attorney will not be made invalid
ORLANDO — The attempt by several Hilton Grand Vacation timeshare affiliated businesses to have the deeds prepared by a California attorney specializing in timeshare exits made invalid has been struck down by a federal court.
Federal court OKs local subclass certification in case against 2 Florida Amazon delivery providers
FORT MYERS — A federal court will allow the conditional certification of a local subclass but not a proposed nationwide class in a lawsuit where delivery associates for two Florida Amazon delivery service providers (DSP) alleged they were not paid overtime.
Federal judge rules against diabetic man's summary judgment claim against Naples
FORT MYERS — A Florida man has been denied his motion for summary judgment in his lawsuit against the city of Naples after alleging he was denied a mechanic position due to his diabetes.