U.S. District Court for the Southern District of Florida News

Center for Individual Rights claims pro bono client owes retainer

By Elizabeth Alt | Jun 16, 2018

The Center for Individual Rights, a public interest law firm organized under the laws of the District of Columbia, on May 30 In U.S. District Court for the Southern District of Florida sued former pro bono client Irina Chevaldina for a breach of contract worth $105,000.

Chinese drywall lawsuit ends in victory for insurer

By Justin Stoltzfus | Jun 16, 2018

An insurance company has been awarded summary judgment in a case involving inferior and environmentally unsound Chinese drywall in U.S. District Court for the Southern District of Florida.

Airline moves to dismiss lawsuit over $80 airline tax again in Florida court

By Elizabeth Alt | Jun 15, 2018

MIAMI (Legal Newsline) – Attorneys for airline Insel International filed a motion to dismiss a man’s amended complaint over an airline tax, stating the amended complaint should still be dismissed for improper forum, lack of jurisdiction and failure to state a claim.

Judge denies motion to dismiss excessive force, battery claims in suit against Miami police officers

By Elizabeth Alt | Jun 14, 2018

MIAMI – The U.S. District Court for the Southern District of Florida recently denied a motion by Miami police officers to dismiss a Miami man's suit claiming among other things the officers used excessive force and violated Florida’s state battery law after the man was arrested and kicked and punched by officers during a street celebration following a Miami Heat game win in 2012.

Federal judge sets trial date in Freestream Aircraft suit to recover allegedly misspent funds

By Elizabeth Alt | Jun 13, 2018

WEST PALM BEACH – The U.S. District Court for the Southern District of Florida recently denied motions for summary judgment filed by all parties in Freestream Aircraft USA's suit alleging Atlas Aviation and other named defendants stole money from Freestream.

Judge denies motions for summary judgment in suit alleging broken ankle was due to cruise line's misleading ad

By Elizabeth Alt | Jun 13, 2018

MIAMI – The U.S. District Court for the Southern District of Florida recently issued an opinion denying motions for summary judgment made by both parties in a Delray Beach woman’s suit alleging her injuries on a shore tour were due to Oceania Cruises Inc.’s misleading advertising about the excursion.

Retailer Citi Trends accused of not paying rent, reportedly owes more than $100,000

By Charmaine Little | Jun 10, 2018

Breach of contract allegations have been lodged against fashion store Citi Trends Inc. as a plaza says it owes more than $100,000 according to a lawsuit filed in U.S. District Court for the Southern District of Florida on May 31.

Beauty Gowns Inc. stole trademark and website domain, accuser claims in lawsuit

By Charmaine Little | Jun 10, 2018

How far is too far when it comes to violating a trademark? The United States District Court for the Southern District of Florida is set to answer this question after a lawsuit was filed on May 29.

Court adopts judge’s report on claim construction in patent infringement case

By Erianne Leatherman | Jun 7, 2018

MIAMI – The U.S. District Court for the Southern District of Florida recently adopted a magistrate judge’s report regarding a lawsuit involving patent infringement claims for LED arms for vehicle and pedestrian traffic gates.

Judge agrees with Social Security Administration in denying disability benefits to HIV-positive man

By Erianne Leatherman | Jun 7, 2018

MIAMI – The U.S. District Court for the Southern District recently ruled that a Florida resident with AIDS is not entitled to disability benefits.

Fort Lauderdale attorney suspended following reprimand by federal court committee

By Karen Kidd | Jun 6, 2018

TALLAHASSEE (Florida Record) — Fort Lauderdale attorney Kevin Lawrence Hagen was suspended for 10 days following a Florida Supreme Court decision after he was reprimanded by a federal court committee, The Florida Bar said in a recent announcement.

Wright National Flood Insurance sued for allegedly failing to pay damages caused by Hurricane Irma

By Carrie Bradon | Jun 4, 2018

MIAMI – A couple is seeking damages after they allege that Wright National Flood Insurance Co. (Wright National) failed to honor its obligations to reimburse them for damages to their home in Key Colony Beach caused by flooding following Hurricane Irma.

Former Prime Italian employee denied motion for class certification in his Uno Restaurant wage lawsuit

By Carrie Salls | May 30, 2018

MIAMI – The U.S. District Court for the Southern District of Florida in a May 21 ruling denied a motion for certification of a class filed by a former employee of Uno Restaurant Associates Inc., which does business as Prime Italian, as part of a Fair Labor Standards Act and minimum wage law action.

Delivery worker claims former employers refused to pay overtime

By Elizabeth Alt | May 30, 2018

On May 18, a lawsuit was filed in U.S. District Court for the Southern District of Florida alleging that a man’s former employers owe him for several years of unpaid overtime for working an average of 90 hours a week and receiving just $8 per hour.

Former Pollo Tropical worker claims age discrimination, retaliatory discharge

By Carrie Bradon | May 28, 2018

MIAMI – A Miami-Dade County woman filed suit in U.S. District Court for the Southern District of Florida Miami Division, against a Miami company claiming that she was a victim of retaliatory discharge under the Fair Labor Standards, the Florida Whistleblower Act and age discrimination under the Florida Civil Rights Act.

Argentine couple alleges $3 million loss in real estate Ponzi scheme

By Elizabeth Alt | May 28, 2018

An Argentinian couple filed a complaint in the Southern Florida District Court on May 16 against multiple parties that the couple claims duped them into investing $300 million into real estate they never owned.

Alleged Vermont ski resort Ponzi scheme suit dismissed

By Elizabeth Alt | May 24, 2018

MIAMI -- Judge Federico A. Morino issued an order May 15 for the U.S. District Court Southern District of Florida to dismiss a plaintiffs’ class complaint, alleging the owner of two Vermont ski resorts had used investor money to buy and fund his resort projects.

Marine company ordered to clarify negligence complaint

By Elizabeth Alt | May 24, 2018

MIAMI -- The U.S. District Court for the Southern District of Florida has issued an order granting a third party’s motion to dismiss a suit alleging indemnity and contribution after the party was sued for negligence in repairing a boat.

Federal court says FCC definition of automatic telephone dialing systems applies in debt collector suit

By Elizabeth Alt | May 23, 2018

MIAMI – The U.S. District Court for the Southern District of Florida issued a ruling that the FCC definition of automatic telephone dialing systems are binding in district courts in a woman's case alleging a debt collector violated the Telephone Consumer Protection Act (TCPA) by calling her cellphone without consent.

U.S. District Court in Miami cites means test in agreeing to hear bankruptcy appeal

By Elizabeth Alt | May 23, 2018

MIAMI – The U.S. District Court for the Southern District of Florida issued an order to deny a bankruptcy trustee’s motion to dismiss an appeal for lack of jurisdiction.

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