U.S. District Court Southern District of Florida Miami Division News

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.

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.

Judge: Online membership agreement means Florida residents suing JetSmarter must go to arbitration

By Florida Record | May 8, 2019

MIAMI — A federal court has granted Ft. Lauderdale-based JetSmarter's motion to compel arbitration in a lawsuit filed by two Florida residents, alleging the company breached its membership agreement regarding plane flight costs.

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.

Florida woman denied motion to remand case against insurance company's denial of hurricane benefits

By Marian Johns | May 6, 2019

MIAMI — A Miami U.S. District Judge has denied a Florida woman's motion to remand in a lawsuit she filed against her home insurance company for alleged breach of insurance relating to damage her property sustained during Hurricane Irma in 2017.

E-cigs maker Juul Labs wins transfer of class action from Florida courts

By Carrie Bradon | May 6, 2019

A federal judge will allow e-cigarette manufacturer Juul Labs to transfer a class action lawsuit from Florida court to California.

Sony beats discrimination suit filed by two former employees of retail store

By Gabriel Neves | May 6, 2019

The U.S. District Court for the Southern District of Florida recently granted Sony Electronics' motion for summary judgment in a discrimination lawsuit filed by two former employees of a Sony retail store after they were terminated.

Federal judge awards Palm Beach County customer $677,000 after injuries at Burlington store

By Marian Johns | Apr 18, 2019

A federal judge has awarded a Palm Beach County woman more than $677,000 in damages in a case where she alleges she was injured when a display of tables fell on her while shopping at a Burlington store.

Florida judge denies try by Swedish billionaire to dismiss lawsuit over hotel deal

By Marian Johns | Apr 4, 2019

A federal judge has denied a motion to dismiss by defendants in an alleged conspiracy case involving a billionaire real estate developer from Switzerland and a New Jersey investor who entered into a contract for the purchase of a luxury hotel chain.

Court ruling backs MetLife

By Takesha Thomas | Mar 26, 2019

MIAMI -- MetLife has won a motion against a beneficiary after a dispute arose over where to deposit funds from one of the policies.

PatientFinder loses request to have case remanded

By Takesha Thomas | Mar 26, 2019

MIAMI -- A district court has denied a software company's request to have a case against them remanded after it lost a ruling involving health care software.

Judge: No order shielding substance abuse treatment center A New Start vs United Healthcare in billing dispute

By Takesha Thomas | Mar 22, 2019

A federal judge has denied a request by a Palm Springs-based substance abuse treatment center for a protective order, shielding it from United Healthcare's demands for claims-supporting documents - a demand the treatment center said amounted to "improper discovery."

Attorney in Pottinger Agreement termination: 'Criminalization of homelessness is a harmful policy'

By Carrie Bradon | Feb 22, 2019

MIAMI -- The city Miami recently filed a motion to request that a protections agreement for homeless be terminated, arguing that there are enough current services to care for the homeless.

District Court awards $400,000 in three-year intellectual property dispute

By Chandra Lye | Feb 21, 2019

Plaintiff argued that defendant started up domains that were too similar to their own brand.

ACLU-FL reviewing federal judge's decision that dissolved 'Pottinger rules' for the homeless, union attorney says

By Karen Kidd | Feb 19, 2019

The American Civil Liberties Union-Florida is examining a federal judge's recent decision to dissolve longtime protections for Miami's homeless in a case the judge said the city's unhoused actually won.

Court ruling sides with Royal Caribbean after it canceled cruise during Hurricane Harvey

By Charmaine Little | Feb 7, 2019

MIAMI -- A federal court on Feb. 4 refused to follow the report and recommendations of a magistrate judge that denied dismissal of a case against Royal Caribbean Cruises Ltd. for canceling a cruise and gave the woman suing the cruise line a chance to file a third amended complaint.

Judge dismisses wrongful death case against Royal Caribbean Cruises

By Takesha Thomas | Jan 24, 2019

A Florida judge has dismissed a wrongful death case filed by the mother of a woman who died from salmonella on a Royal Caribbean cruise ship.

Investment company won't get funds intended for Mutual Benefits fraud victims, federal magistrate judge rules

By Karen Kidd | Dec 18, 2018

An investment management company that bought up policies from victim investors in a $1 Billion fraud scheme revealed by the U.S. Securities and Exchange Commission in 2004 will not receive money from a fund set up for victims, a federal magistrate judge ruled earlier this month.

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