Florida Third District Court Of Appeal
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Man who claimed weekend was ruined by a text message can't sue sender
MIAMI (Legal Newsline) - A Pet Supermarket customer who signed up for a contest to win free pet food for a year can't sue the company for the seven texts he received after. -
Church must face 20-year-old abuse claim in Florida
MIAMI (Legal Newsline) - A man who waited nearly 20 years to sue the Catholic Church over his alleged abuse by a priest can proceed with claims the church committed intentional infliction of emotional distress even though his negligence claim is barred by the statute of limitations, a Florida appeals court ruled. -
'Ultimate salesman' must pay contingency fee to his firm after court dispute
MIAMI (Legal Newsline) - A man who refused to pay a contingency fee to Boies Schiller and challenged an arbitrator’s decision requiring him to do so lost in court, with a Florida appeals court agreeing with the arbitrator who called him “the ultimate salesman” willing to say what he needed to save money. -
Firefighters fired over penises drawn on Black colleague's family pictures lose lawsuit
MIAMI (Legal Newsline) - Firefighters who lost their jobs and sued the City of Miami and its fire chief for allegedly linking two events - penises drawn on a Black colleague's family photos and the later placement of a string resembling a noose on one of the pictures - had no case, an appeals court ruled, citing the absolute immunity afforded government officials for actions taken “within the scope of their duties.” -
Florida court rejects liability for car wreck on nearby property owners
MIAMI (Legal Newsline) – Property owners did not have a duty to motorists to maintain the areas next to nearby roads, a Florida appeals court has ruled. -
Judge didn't give Boca Raton law firm chance to fight $17K sanction, court finds
MIAMI – A Boca Raton law firm will get the opportunity to argue against a $17,150 penalty imposed on it for trying to hold a lawyer in indirect criminal contempt for releasing the terms of a settlement. -
Court reverses $42.5 million tobacco verdict over juror's thoughts on addiction
MIAMI (Legal Newsline) - A Florida appeals court reversed a $42.5 million verdict against R.J. Reynolds Tobacco, ruling the trial judge should have excused a juror who said she believed cigarettes are addictive. -
Paralyzed patient sues prominent Florida personal injury firm but is sent to arbitration
MIAMI (Legal Newsline) - A Florida man who was paralyzed from the neck down after spinal surgery has sued his lawyers at Morgan & Morgan, blaming them for botching a lawsuit against the company that made an implant that damaged his spinal cord. -
Ex-smoker loses $10.6M verdict when Fla. appeals court tosses case
MIAMI (Legal Newsline) – Philip Morris can’t be sued by a man who alleged his laryngeal cancer who alleged the company’s marketing led him to believe cigarettes were getting healthier. -
X-ray reimbursement rule could increase insurer costs in Florida's no-fault auto insurance system
The state has always seen a high number of cases involving personal injury protection litigation and it could see a surge in the near future because of recent court rulings. -
Shaq wins $400K court ruling against lawyer who represented shakedown artist
MIAMI (Legal Newsline) - A Florida appeals court has reversed a lower court’s ruling to restore more than $400,000 in sanctions ordered against a former employee of Shaquille O’Neal and his lawyer who pursued a racketeering and invasion of privacy lawsuit against the basketball star despite evidence it was a shakedown. -
Judge told to do more than shrug after Miami jury returns $20M verdict over hand injury
MIAMI (Legal Newsline) – Royal Caribbean Cruises might yet shrink a $20 million verdict against it in a lawsuit brought by an employee whose hand was crushed in a door and subsequently complained of chronic pain but has since been filmed using it to perform everyday activities. -
Defendant 'gambled and lost' by telling jury about withheld medical records in bodybuilder's lawsuit
MIAMI (Legal Newsline) - A Florida appeals court reinstated the personal injury verdict a bodybuilder won despite having withheld until the week before trial evidence that he’d been treated by an orthopedic surgeon for the same type of injury he blamed on a car accident. -
Court tosses testimony man killed by truck was wearing ear buds
MIAMI (Legal Newsline) – Hearsay about whether the victim of a fatal workplace accident was wearing head phones was improperly admitted, a Florida appeals court has ruled in giving the man’s widow a new shot at her lawsuit. -
Woman shot at long-term hospital after friend's death can't sue security company
MIAMI (Legal Newsline) – A security company at a Florida long-term care facility is not responsible for the injuries of a visitor shot by an 87-year-old man. -
Court: Plaintiff wrongfully called a liar and fraud by defense attorney
MIAMI (Legal Newsline) – Counsel for a defendant blamed for a man’s alleged 10-foot fall claimed he had not called the fire department – a mistake that will grant the plaintiff a new trial. -
R.J. Reynolds won't owe punitive damages in Fla. Engle case
MIAMI (Legal Newsline) – R.J. Reynolds has defeated claims for punitive damages in one of the so-called Engle cases in Florida in which plaintiffs can blame tobacco companies for health problems. -
David Beckham's Miami soccer stadium clears legal hurdle
MIAMI (Legal Newsline) – The ballot measure that approved a new soccer stadium in Miami was written adequately, a Florida appeals court has ruled. -
Cozen O'Connor wins case alleging it violated mediation confidentiality law
MIAMI (Legal Newsline) – Plaintiffs attorneys won’t be able to move forward with a lawsuit against a law firm that defended an insurance company by disclosing what was alleged to be confidential information. -
Law firm doesn't need expert testimony in $34K lawsuit, court rules
An appeals court determined that an expert opinion isn’t needed when a lawyer sues a client for breach of contract, so it reversed a previous ruling that denied a law firm’s claim for unpaid attorney fees.