Marian Johns News
South Florida law firm claims Malibu Media owes more than $280,000 in legal fees
WEST PALM BEACH, Fla. (Legal Newsline) – A South Florida law firm alleges a Beverly Hills media company owes more than $280,000 for an alleged breach of contract.
AIF applauds Florida Supreme Court's decision to drop energy choice initiative on November ballot
TALLAHASSEE — Business utility companies and business advocacy groups in Florida are applauding the Florida Supreme Court's recent decision to remove a proposed amendment from the state's 2020 ballot that would allow residents to choose their own electricity provider.
Vegan sues Burger King because Impossible Whoppers are cooked on same grill as Whoppers made with meat
MIAMI (Legal Newsline) – A Georgia man who follows a vegan diet has filed a suit against Burger King alleging it is misleading consumers by marketing its Impossible Whopper as zero percent meat when it is cooked on the same grill as meat products.
District Court of Appeal grants developer's attorneys' fees in Florida couple's lawsuit
DAYTONA BEACH — A District Court of Appeal has affirmed in part and denied in part cross appeals relating to the awarding of attorney's fees in a Florida couple's case against Centex and the homeowners association (HOA) of the Sullivan Ranch residential development in Mount Dora.
Fourth District Court of Appeal rules in favor of former West Palm Beach candidate
WEST PALM BEACH — A Florida appeals court has denied a writ of certiorari filed by the defendants in the case of a 2018 West Palm Beach City Commission candidate's claim that her political opponent's direct mail piece alleging that the candidate illegally received a second-homestead exemption and a federally funded low-income grant constituted defamation and conspiracy to defame.
Defendants in defamation case denied request to unseal plaintiff's criminal record
MIAMI — A Florida District Court denied a request by the defendants in a defamation lawsuit to unseal the criminal arrest record of the plaintiff, owner of a custom athletic shoe store in Miami.
Lower court applied incorrect standard in transfer of case, Florida appeals court rules
MIAMI — In its second review of a case between a Naples real estate agency and an audio-video installation company, a Florida appeals court has reversed a lower court's transfer of the case to Collier County, stating the lower court applied an incorrect standard.
Lawsuit alleges Fresh Market, Tyson market 'prime pork' products to confuse consumers
MIAMI (Legal Newsline) – Fresh Market and Tyson Fresh Meats are facing a proposed class suit filed by Florida consumers who claim the companies' falsely led customers to believe their prime pork products were graded "USDA Prime."
There's a lawsuit because Universal Studios only lets visitors refill sodas six times each hour
WHITE PLAINS, N.Y. (Legal Newsline) – NBC Universal is facing a class action lawsuit from a New York man who claims his Coca-Cola Freestyle Souvenir Cup purchased at Universal Studios in Orlando, Florida, did not give him unlimited refills as advertised.
China residents claim they were defrauded more than $3 million in Boardwalk Fries Burgers Shakes investment deal
TAMPA, Fla. (Legal Newsline) – Seven People's Republic of China residents who entered into an investment franchise agreement tied to Boardwalk Fries Burgers Shakes restaurants through the U.S. EB-5 Program allege they were defrauded more than $3 million dollars.
Former Disney Cruise Line worker can claim negligence under maritime law, appeals court rules
DAYTONA BEACH — A Florida appeal court has reversed part of a summary judgment from a Brevard County Circuit Court and ruled that a former Disney Cruise Line employee's claims for maintenance and cure under general maritime law can move forward.
Appeals court reverses Hillsborough County judgment, awarding fees in sinkhole litigation against FIGA
LAKELAND — Florida's Second District Court of Appeal has ruled that a trial court misinterpreted case precedent when it denied a woman attorney fees and costs in her litigation with Florida Insurance Guaranty Association over a sinkhole claim.
Appeals court upholds dating violence injunction filed against former boyfriend
TALLAHASSEE — The First District Court of Appeal has upheld a Leon County Circuit Court's ruling that granted a woman's dating violence injunction against her former boyfriend who struck her in the face and who ignored continued warnings to stop his harassment and stalking.
New trial ordered for bicyclist with high BAC injured in crash; Fourth District finds judge erred in discounting plaintiff's .23
WEST PALM BEACH — Florida's District Court of Appeal for the Fourth District has ordered a new trial and ruled that a trial court erred when it instructed jurors that a plaintiff's .23 blood alcohol concentration (BAC) was not a factor in a bicycle accident and allowed the testimony of an accident reconstruction expert who attested to that fact.
Injured Applebee's customer can go forward with slip and fall suit, appeals court rules
TALLAHASSEE — A Florida appeals court has ruled a trial court erred in its decision to dismiss a slip and fall suit against Applebee's because the plaintiff's amended complaint, which contained a new cause of action, was filed past the four-year statute of limitations.
New York law firm loses appeal over $4.2 million contingency fee
PALM BEACH — The Florida District Court of Appeal Fourth District struck down a New York law firm's claim that a trial court should have awarded it a more than $4 million contingency fee in a tobacco litigation case rather than the $93,000 in fees based on quantum meruit.
Appeals court overturns arbitration judgment, sets new trial in medical malpractice case
LAKELAND — A widow suing Naples Community Hospital (NCH) on behalf of the estate of her deceased husband over alleged medical malpractice, has successfully had the final judgment in favor of the hospital overturned due to her meeting requirements for a new trial.
Appeals court affirms FDBPR's 'eligible facility' interpretation for state's slot machine statute
TALLAHASSEE — Florida's First District Court of Appeal has upheld a Florida Department of Business and Professional Regulation's interpretation of what constitutes an "eligible facility" under the state's "slot machines" statue as it relates to Calder Race Course in Miami-Dade County using its slot machine permit through its jai alai or thoroughbred horse racing permit.
Appeals court rules Miami city employees can't claim breach of contract against retirement trusts
MIAMI — Florida's Third District Court of Appeal has ruled the city of Miami, its firefighter and police retirement trust and its board of trustees have sovereign immunity from the breach of contract claims filed by former and current city employees who allege an ordinance passed in 2010, threatened their vested pension benefits.
Personal Insurance Federation of Florida CEO: Auto glass AOB suits benefit lawyers
TALLAHASSEE — As Florida Chief Financial Officer Jimmy Patronis accelerates his efforts toward additional assignment of benefits (AOB) reform, the Personal Insurance Federation of Florida (PIFF) says it is on board with a renewed effort to overhaul the law relating to auto glass claims.