News from March 2018
District judge allows plaintiffs in fair debt collection case to amend complaint
Plaintiffs in a Fair Debt Collection Practices Act suit over a $400 discrepancy in homeowner’s association dues will have to amend their complaint, the U.S. District Court for the Southern District of Florida found.
Court affirms summary judgment backing Sam's Club in personal injury case
ATLANTA - The 11th Circuit Court of Appeals affirmed a summary judgment decision by a district court in favor of Sam's Club. The decision was appealed by a customer who was injured after slipping and falling on a slippery substance in the frozen food aisle inside one of Sam's Club stores.
Judge rules expert witnesses can testify in Carnival negligence lawsuit
MIAMI — A judge in a negligence lawsuit against Carnival Cruise Lines and a travel company it partners with has ruled two expert witnesses for the plaintiff will be allowed to testify as experts and that the defendant’s doubts about their credibility as experts is best addressed in cross-examination.
CVS case lacks hard numbers for jurisdiction
TAMPA -- A court order from U.S. District Court, in the Middle District of Florida’s Tampa Division on Feb. 16 shows some of the dangers of providing medical advice in an informal setting, or going outside of strictly observed protocol in a commercial pharmacy.
11th Circuit affirms denial of summary judgment in excessive-force case
The U.S. Court of Appeals for the 11th Circuit Court on March 13 affirmed a trial court's decision to deny a motion for a summary judgment filed by the Palm Beach Sherrif's Office in a civil action against one of its officers for excessive force and violating the 4th Amendment.
Appeals court rejects bid for new trial in excessive force case against Naples police officer
ATLANTA - In a unanimous decision, the 11th Circuit Court rejected an appeal for a new trial against a city of Naples police officer accused of invasion of privacy, excessive force, making a false arrest and malicious prosecution.
Stepfather alleges insurance carrier breached contract
CLEARWATER — A stepfather is suing an insurance carrier, alleging breach of contract.
Gulfport property owners accuse public utility company of negligence
CLEARWATER — Two Gulfport property owners are suing a public utility company, alleging negligence.
Motorist blames another driver for crash
CLEARWATER — A motorist is is suing another driver, alleging his negligence caused a crash that injured the plaintiff.
Customer blames Clearwater Shop & Save for injuries
CLEARWATER — A customer is suing a Clearwater food market, alleging negligence caused her to fall and suffer injuries.
Largo homeowner alleges insurer failed to provide coverage
CLEARWATER — A Largo homeowner is suing an insurance company, alleging breach of contract.
Appeals court backs dismissal of karaoke track provider’s trademark infringement claims
A federal appeals court has affirmed the dismissal of trademark and copyright infringement claims brought by Phoenix Entertainment Partners over karaoke tracks it created under the Sound Choice brand.
Florida appeals court reverses ruling in insurance case
A Florida court has reversed a decision concerning deductibles, ruling in favor of insurance companies rather than health care providers.
Federal court denies RBC Bank's arbitration motion in debit transaction class action
The U.S. Court of Appeals for the 11th Circuit on Feb. 13 affirmed a lower court's denial of RBC Bank’s motion for arbitration in a class-action case initiated by account holders accusing it of rearranging debit card transactions for increased overdraft charges.
Movie customer blames Cinemark for injuries
OSCEOLA — An Osceola County woman is suing Cinemark, alleging negligence caused her to suffer injuries.
Apopka homeonwer alleges insurer failed to pay for hurricane damage
ORLANDO — An Apopka homeowner is suing an insurance company, alleging breach of an insurance contract.
Customer blames Clearwater T.J. Maxx store for injuries
CLEARWATER — A Pinellas County woman is suing a Clearwater department store, alleging negligence in allowing a liquid substance remain on its floor, leading to injuries for the plaintiff.
2 tenants accuse Orlando mobile home park owners of retaliation
ORLANDO — Two tenants are suing Orlando mobile home park owners, alleging retaliation.
Worker accuses former employer of age discrimination
CLEARWATER — A Florida man is suing her former employer, alleging age discrimination, hostile work environment and wrongful termination.
Court reverses order in pregnancy discrimination suit against Okay Insurance
MIAMI – The Third District Court of Appeal reversed a trial court’s order awarding attorney’s fees to Okay Insurance in a pregnancy discrimination suit against Okay Insurance.