Marian Johns News

Court grants insurers' dismissal of RICO claims by Florida doctor over disability benefits

By Marian Johns | May 16, 2019

A Florida federal judge has granted a group of insurance companies' motion to dismiss several counts of Racketeer Influenced and Corrupt Organizations Act (RICO Act) claims made by a Florida doctor who did not receive benefits under his five disability insurance policies.

Law firm gets win vs timeshare developer in lawsuit over timeshare escape claims

By Marian Johns | May 16, 2019

A federal judge has granted a partial win to a law firm that offers "timeshare-relief services" in a lawsuit brought by a time share resort developer.

Orlando federal judge says no duty for insurer to defend Benjamin Bros. vs trade secrets suit

By Marian Johns | May 16, 2019

A federal judge has granted Scottsdale Indemnity Company's motion to dismiss a lawsuit alleging the insurer breached an insurance contract.

Court OKs settlement in unpaid OT suit brought by ex-employees vs Hartford Insurance

By Marian Johns | May 16, 2019

A Florida federal court has approved a settlement in a case involving several current and former employees of Hartford Fire Insurance Company who alleged the company failed to pay overtime.

Court rejects bad faith insurance claim dismissal for woman paralyzed on Royal Caribbean excursion

By Marian Johns | May 15, 2019

A Royal Caribbean excursion operator's insurance carrier lost its legal attempt to dismiss a bad faith insurance claim and to compel arbitration in a case involving a woman who became a quadriplegic after a zip line accident in St. Lucia.

Federal court weighs in on Safeco's attempt to assign zero value to RV seized by FBI for prior owner's criminal acts

By Marian Johns | May 15, 2019

A federal court has intervened in a dispute over the testimonies of expert witnesses used in a case involving a Florida man who is suing his insurance carrier over the value of a stolen RV that he purchased and which was then confiscated by the FBI.

Insurance company loses effort to remand case involving coverage of Boca Raton condo president

By Marian Johns | May 15, 2019

An insurance company's move to send back to state court a coverage dispute with a Boca Raton condo association has been denied by a West Palm Beach federal judge.

Federal judge: Request for attorney fees 'excessive' in case involving Tampa commercial debt company

By Marian Johns | May 13, 2019

A federal court has ruled that a $400,000 fee request from attorneys for an Alabama marine supply company was "excessive" in a breach of contract and deceptive trade practices case they won against a Tampa commercial debt settlement company.

Everglades City scores win in Veolia lawsuit over $445K allegedly unpaid for water treatment plant work

By Marian Johns | May 9, 2019

Everglades City has been granted part of its motion to dismiss claims filed by a company that says the city owes it more than $445,000 for operating and maintaining a wastewater treatment plant in Collier County.

Toms wins $1 million damages vs online seller accused of selling knockoff products, violating trademark

By Marian Johns | May 9, 2019

MIAMI — A federal court has granted a motion for default judgment and agreed that $1 million in statutory damages was "just" in a case alleging counterfeiting infringement of the TOMS trademark by an Internet-based e-commerce store selling and marketing items in South Florida.

Federal court grants default judgment in trademark counterfeiting case

By Marian Johns | May 8, 2019

MIAMI — A federal court has granted a golf equipment company's motion for final default judgment in a case alleging Buyallpro's trademark counterfeiting and infringement through its marketing and selling in the Southern District of Florida.

Customer suing Fresh Market after fall denied motion to remand case back to state court

By Marian Johns | May 8, 2019

MIAMI — A Plantation woman who filed a complaint after falling at a Fresh Market store has been denied her motion to remand the case back to state court.

Fired Martin County librarian gets court's go-ahead in retaliation case

By Marian Johns | May 8, 2019

WEST PALM BEACH — A federal court has ruled that a Martin County librarian has demonstrated causality in her case against the county in which she alleges she was fired out of retaliation for not wanting to be transferred to another library.

Court stays case for coverage fight between Fort Myers construction management company, insurer

By Marian Johns | May 8, 2019

FORT MYERS – A federal court has stayed a case involving a Fort Myers construction management company that had been ordered to pay more than $600,000 in a construction defect lawsuit and who is being sued by its insurer over coverage in the matter.

Court rules driver in crash with postal worker must amend expert witnesses' disclosure

By Marian Johns | May 8, 2019

TAMPA — A federal court has stricken several expert witnesses and ordered their disclosure amendments pending trial in a case involving a Florida motorist who filed suit after his vehicle collided with a U.S. Postal Service worker.

Court grants German glass manufacturer's default judgment against Florida convenience store

By Marian Johns | May 8, 2019

FORT PIERCE, Fla. — A federal court has granted a German glass manufacturer's and its U.S. licensee's motion for default judgment and awarded $50,000 in damages in the case against a Florida convenience store accused of trademark counterfeiting and infringement relating to the selling of glass pipes.

Court denies motion to dismiss Vision Pharma's claims in contract dispute

By Marian Johns | May 8, 2019

FORT MYERS — An Iowa-based pharmaceutical company's effort to dismiss a complaint by Vision Pharma in a dispute over a product supply agreement has been struck down by a federal court.

Bonita Beach Springs company's investment in film production wins partial victory

By Marian Johns | May 8, 2019

FORT MYERS — A Nevada production company was granted in part and denied in part its motion to dismiss a case involving a dispute with a Bonita Beach Springs business over a film financing agreement.

Empire Today granted motion to default in alleged trademark infringement case

By Marian Johns | May 7, 2019

MIAMI — A federal court has granted a motion for default in a case involving Empire Today's allegations of trademark infringement against a Coconut Creek flooring business.

Judge dismisses several counterclaims made by Delray Beach couple regarding a business deal gone bad

By Marian Johns | May 7, 2019

WEST PALM BEACH – The U.S. District Court for the Southern District of Florida recently granted in part and denied in part an Illinois resident and credit union's motion to dismiss counterclaims by a Delray Beach couple who alleged breach of contract and fraud regarding the sale of interest in a mortgage company.

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