Marian Johns News
Florida Chamber voices concern over public nuisance law in wake of opioid verdict against J&J
TALLAHASSEE — The recent landmark case in Oklahoma brought against Johnson & Johnson over prescription opioids that resulted in a $572 million judgment has caused some concerns among business organizations, including Florida's Chamber of Commerce, that fears the application of the public nuisance law could have a negative impact on businesses.
Federal court dismisses copyright infringement case against Modern Living Real Estate, Compass Florida
MIAMI — A federal court has dismissed a case against Modern Living Real Estate and Compass Florida filed by an aerial real estate photography company alleging copyright infringement.
Court dismisses claim McDonald's manager plotted with Miami police to have woman arrested
MIAMI — A federal judge has dismissed a suit filed by a woman who alleged her McDonald's manager plotted with city of Miami police officers to have her assaulted and falsely arrested.
Aviation company wins partial judgment in negligence case involving Eclipse jet's brake failure
MIAMI — A South Florida aircraft maintenance and repair facility has been granted in part and denied in part its motions to dismiss negligence claims and other counts filed by an aviation company whose Eclipse 500 jet had to make an emergency landing due to mechanical problems.
U.S judge: Russian woman who owns salon in Trump Miami hotel must comply with subpoena in fraud case
MIAMI — A federal court has ruled that a Russian woman who owns a nail and hair salon in the Trump International Hotel in Miami must comply with a subpoena in connection with a lawsuit alleging an insurance fraud and racketeering operation out of Brooklyn.
U.S. court dismisses suit by former Broward Sheriff's Office employee alleging discrimination
FORT LAUDERDALE — A federal court has closed a suit filed by a former Broward County Sheriff's Office employee who alleged disability discrimination and retaliation over family medical leave to care for her severely asthmatic son.
Court rules Royal Caribbean did not show bad faith with loss of several hours of ship's video
MIAMI — A federal judge ruled that Royal Caribbean did not show bad faith intent in the loss of several hours of a ship's closed circuit television video monitoring (CCTV) in a suit filed by a group of autistic children and their families who were passengers during a winter storm with hurricane-force winds.
Court denies injured airline passenger's bid for new trial
MIAMI — A federal court has denied a motion for a new trial by a passenger who alleges an airline is responsible for injuries she suffered during turbulence on a flight from Madrid to Milan, Italy, because they did not wake her so she could fasten her seatbelt.
Court denies LifeVest manufacturer's bid to stop engineer's opinion in woman's death
MIAMI — The manufacturer of LifeVest, a wearable defibrillator vest, has lost its attempt to exclude the opinions of an expert witness in a case involving a cardiac patient who died after the vest allegedly failed to administer a shock.
Federal judge dismisses suit involving doctor who alleged former nurse defrauded him
JACKSONVILLE — A federal judge has dismissed a stockholder suit involving a doctor who alleges the former pediatric nurse with whom he embarked on a "cardiology technology" business deal defrauded him as well as other investors.
Assignee of Jacksonville condo group wins ruling against Lexington Insurance
JACKSONVILLE — An assignee for a Florida condo association has won an attempt to remand its case against an insurer to state court and to add the condo association as a defendant after the association was found to have cashed in more than $200,000 in insurance money payments without the assignee's knowledge.
Court rejects CalAtlantic argument regarding Jacksonville townhome defects
JACKSONVILLE — A federal court has struck down CalAtlantic insurance company's argument that the construction defects alleged against the builder by a Jacksonville townhome community's homeowners association are not covered because they were found after the development's completion.
U.S. court backs Costa Del Mar's request to seal some internal communications
JACKSONVILLE — A federal court has agreed to Daytona Beach-based Costa Del Mar's request to seal some of the company's internal communications, marketing information and confidential business documents that are part of a class action suit filed by a Florida man who alleges the sunglass manufacturer illegally charged customers a processing fee for lifetime warranties.
Sawgrass Mills Mall denied injunction against Florida casino tour group in trademark case
MIAMI — The owners of Sawgrass Mills Mall in Sunrise have been denied a preliminary injunction request in their fight to stop a Florida casino tour company from continuing to use the mall's trademark after the termination of a shuttle service agreement.
Court rejects former Ross University School of Medicine student's attempt to revive ADA complaint
MIAMI — A federal court has rejected new evidence presented by the plaintiff in an Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) suit against Ross University Medical School, a Barbados university with administrative offices in Miramar.
Liberty Mutual wins summary judgment as court reviews definition of 'prompt' in filing claim
MIAMI —A federal judge has granted Liberty Mutual's motion for summary judgment in an alleged breach of contract case involving Miami-Dade residents who waited eight months to file an insurance claim after a leak under their kitchen sink led to water damage.
Royal Caribbean subsidiary wins personal injury ruling in bad guacamole case; Plaintiff alleged hearing loss and fertility complications
MIAMI — A Royal Caribbean luxury cruise line subsidiary, Silverseas, has been awarded nearly $5,000 in litigation costs after it prevailed in a maritime personal injury case filed by a woman who alleged she was served guacamole that contained shellfish even after warning of her seafood allergy.
Federal court rules girlfriend of deceased South Florida real estate mogul can file new complaint
MIAMI — A federal court has ruled the girlfriend of deceased South Florida real estate mogul Mauricio Capuano can proceed with her conspiracy allegation against his estranged wife and nephew that involve an estate dispute over the sale of his $2.3 million Biscayne Bay property.
Federal judge denies Naples golf club's partial judgment motion in Hurricane Irma damage case
FORT MYERS — A Naples golf club that is suing its insurer over a dispute related to a Hurricane Irma damage claim, for which portions of the club's property are covered under its policy, has been denied its motion for partial judgment on the pleadings.
Judge backs Pilgrim's Pride in race, disability discrimination suit
JACKSONVILLE — A federal judge has struck down a lawsuit filed by a former Pilgrim's Pride chicken processing employee who alleges the company violated his Family Medical Leave Act rights and he suffered discrimination based on his race and disability.