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Mealey's PI/Product Liability - Florida Judge Enters Mistrial After Jury Returns Inconsistent Verdict

PORT ST. LUCIE, Fla. - A state court judge in the Florida 19th Judicial Circuit Court for Indian River County on Aug. 27 granted a mistrial after a jury returned an inconsistent verdict for the husband of a smoker who alleged that her lung cancer was caused by smoking (Robert Gore, et al. v. R.J. Reynolds Tobacco Co., et al., No. 08-10052, Fla. 19th Jud. Cir., Indian River Co.).

Mealey's PI/Product Liability - Florida Jury Returns Partial Plaintiff Verdict, Awards No Damages

PORT ST. LUCIE, Fla. - A jury in the Florida 19th Judicial Circuit Court for Indian River County on Aug. 26 returned a partial verdict for the husband of a smoker who alleged that her lung cancer was caused by smoking but awarded no compensatory damages while finding that punitive damages are warranted (Robert Gore, et al. v. R.J. Reynolds Tobacco Co., et al., No. 08-10052, Fla. 19th Jud. Cir., Indian River Co.).

Mealey's Banking & Finance - Insurer, Mortgage Lender May Be Liable For Alleged Misconduct, Federal Judge Says

MIAMI - A Florida federal judge on Aug. 20 refused to dismiss a class action lawsuit alleging that an insurer and a mortgage lender participated in a profit-making scheme involving force-placed insurance (Philip Jackson, et al. v. U.S. Bank N.A., et al., No. 14-21252, S.D. Fla.; 2014 U.S. Dist. LEXIS 117146).

Mealey's Insurance - Insurer, Mortgage Lender May Be Liable For Alleged Misconduct, Federal Judge Says

MIAMI - A Florida federal judge on Aug. 20 refused to dismiss a class action lawsuit alleging that an insurer and a mortgage lender participated in a profit-making scheme involving force-placed insurance (Philip Jackson, et al. v. U.S. Bank N.A., et al., No. 14-21252, S.D. Fla.; 2014 U.S. Dist. LEXIS 117146).

Mealey's PI/Product Liability - Florida Woman Testifies About Unsuccessful Attempts To Quit Smoking

FORT LAUDERDALE, Fla - A Florida woman who alleges that her laryngeal and lung cancers were caused by years of smoking cigarettes testified Aug. 22 that she made numerous attempts to quit but was unsuccessful until her laryngectomy made it physically impossible for her to smoke (Mary Cooper, et al. v. R.J. Reynolds Tobacco Co., et al., No. CACE08026350X, Fla. Cir., 17th Cir., Broward Co.).

Mealey's PI/Product Liability - Deceased Smoker's Daughter Testifies About Quitting Attempts In Florida Case

FORT LAUDERDALE, Fla. - The daughter of a deceased smoker testified in a wrongful death action in Florida's 17th Judicial Court for Broward County Florida on Aug. 20 that her father was unable to quit smoking because he was addicted to cigarettes (Heather Irimi, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2008-CV-026337, Fla. 17th Jud. Cir., Broward Co.).

Mealey's Insurance - Florida Panel Affirms Ruling In Insurer's Favor In Hurricane Wilma Coverage Dispute

WEST PALM BEACH, Fla. - A Florida appeals panel on Aug. 20 held that insureds failed to present any evidence rebutting the presumed prejudice their insurer suffered as a result of their untimely proof of loss of their Hurricane Wilma damage, affirming a lower court's ruling in favor of the insurer (Lloyd Oliver Hunt, et al. v. State Farm Florida Insurance Co., No. 4D13-272, Fla. App., 4th Dist.; 2014 Fla. App. LEXIS 12810).

Mealey's Insurance - Florida Panel Reiterates: No Additional Coverage Owed For Decomposing Body Damages

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on Aug. 20 denied an insured's motion to reconsider and reiterated that an insurer owes no additional coverage for damages sustained to the insured's condominium by leaking fluids from a decomposing body because the insured failed to prove that the explosive expansion of a decomposing body constituted an explosion, a covered peril under the policy (Judy Rodrigo v. State Farm Florida Insurance Co., No. 4D12-3410, Fla. App., 4th Dist.; 2014 Fla. App. LEXIS 12805).

Mealey's Insurance - Florida Panel Reverses Judgment As To Subsurface Repairs In Sinkhole Coverage Suit

LAKELAND, Fla. - A Florida appeals panel on Aug. 20 found that a lower court erred when it required an insurer to pay for an insured's subsurface repairs before he contracted for those repairs, further finding that the court improperly awarded prejudgment interest on the subsurface damage award (Tower Hill Select Insurance Co. v. Andrew McKee, No. 2D13-2076, Fla. App., 2nd Dist.; 2014 Fla. App. LEXIS 12784).

Mealey's PI/Product Liability - Boston Scientific Loses Bid To Split Up Florida Pelvic Mesh Bellwether Cases

CHARLESTON, W.Va. - A West Virginia federal judge on Aug. 18 denied Boston Scientific Corp.'s motion to sever four Florida cases consolidated for a bellwether trial in the pelvic mesh multidistrict litigation (In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation, MDL Docket No. 2326, No. 2:12-md-2326, S.D. W.Va., Charleston Div.).

Mealey's Banking & Finance - 11th Circuit Affirms Decision Against Property Owner For Misrepresentations

ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 19 affirmed a Florida federal court's decision to imprison a homeowner for making false statements to secure a reverse-mortgage loan, finding that the court did not err when it calculated the loss amount (United States of America v. Yesenia Pouparina, a.k.a. Yesenia Campos, No. 13-14045, 11th Cir.. 2014 U.S. App. LEXIS 15885).

Mealey's Insurance - Washington Federal Judge Transfers Environmental Suit To Florida Federal Court

SPOKANE, Wash. - A Washington federal judge on Aug. 15 granted an insurer's motion to transfer an environmental contamination coverage suit filed by an insured to Florida federal court where the insurer first filed its suit regarding the same coverage dispute against the insured (The Goldfield Corp. v. Hartford Accident & Indemnity Co., et al., No. 14-0134, E.D. Wash.; 2014 U.S. Dist. LEXIS 113886).

Mealey's Labor & Employment - Florida Federal Judge Declines To Remand, Dismiss Health Care Reimbursement Suit

TAMPA, Fla. - A Florida federal judge on Aug. 14 declined to remand a health care reimbursement suit to state court, finding that federal question jurisdiction existed pursuant to the Employee Retirement Income Security Act, but also declined to dismiss the claims, saying it was unclear to what extent the claims involved ERISA plans (United Surgical Assistants LLC v. Aetna Life Insurance Co., No. 14-211, M. D. Fla.; 2014 U.S. Dist. LEXIS 112816).

Mealey's Insurance - Florida Federal Judge Declines To Remand, Dismiss Health Care Reimbursement Suit

TAMPA, Fla. - A Florida federal judge on Aug. 14 declined to remand a health care reimbursement suit to state court, finding that federal question jurisdiction existed pursuant to the Employee Retirement Income Security Act, but also declined to dismiss the claims, saying it was unclear to what extent the claims involved ERISA plans (United Surgical Assistants LLC v. Aetna Life Insurance Co., No. 14-211, M. D. Fla.; 2014 U.S. Dist. LEXIS 112816).

Mealey's PI/Product Liability - 11th Circuit Affirms Denial Of Class Certification In Pharmaceutical Tying Case

ATLANTA - A Florida hospital is an indirect purchaser and lacks standing to recover damages on claims that Astellas US LLC is forcing health care providers to buy its adenosine drug at a 450 percent markup compared to competitors' versions of the same drug by unlawfully tying the implied license to perform its patented cardiac test to the purchase of its unpatented drug for use during that test, the 11th Circuit U.S. Court of Appeals affirmed Aug. 15 in ruling that the hospital would not be an adequate representative for a damages class (Lakeland Regional Medical Center, Inc. v. Astellas US, LLC, et al., No. 13-12709, 11th Cir.; 2014 U.S. App. LEXIS 15669).

Mealey's Litigation Procedure - 11th Circuit Affirms Denial Of Class Certification In Pharmaceutical Tying Case

ATLANTA - A Florida hospital is an indirect purchaser and lacks standing to recover damages on claims that Astellas US LLC is forcing health care providers to buy its adenosine drug at a 450 percent markup compared to competitors' versions of the same drug by unlawfully tying the implied license to perform its patented cardiac test to the purchase of its unpatented drug for use during that test, the 11th Circuit U.S. Court of Appeals affirmed Aug. 15 in ruling that the hospital would not be an adequate representative for a damages class (Lakeland Regional Medical Center, Inc. v. Astellas US, LLC, et al., No. 13-12709, 11th Cir.; 2014 U.S. App. LEXIS 15669).

Mealey's Health Law - Florida Federal Judge Declines To Remand, Dismiss Health Care Reimbursement Suit

TAMPA, Fla. - A Florida federal judge on Aug. 14 declined to remand a health care reimbursement suit to state court, finding that federal question jurisdiction existed pursuant to the Employee Retirement Income Security Act, but also declined to dismiss the claims, saying it was unclear to what extent the claims involved ERISA plans (United Surgical Assistants LLC v. Aetna Life Insurance Co., No. 14-211, M. D. Fla.; 2014 U.S. Dist. LEXIS 112816).

Mealey's IP/Tech - Federal Circuit Affirms Inequitable Conduct Findings In Patent Case

WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion in finding that Apotex Inc. and Apotex Corp. (Apotex, collectively) acted inequitably while prosecuting a patent covering the hypertension drug moexipril, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (Apotex Inc., et al. v. UCB Inc., et al., No. 13-1674, Fed. Cir.).

Mealey's Antitrust/Unfair Competition - 11th Circuit Affirms Denial Of Class Certification In Pharmaceutical Tying Case

ATLANTA - A Florida hospital is an indirect purchaser and lacks standing to recover damages on claims that Astellas US LLC is forcing health care providers to buy its adenosine drug at a 450 percent markup compared to competitors' versions of the same drug by unlawfully tying the implied license to perform its patented cardiac test to the purchase of its unpatented drug for use during that test, the 11th Circuit U.S. Court of Appeals affirmed Aug. 15 in ruling that the hospital would not be an adequate representative for a damages class (Lakeland Regional Medical Center, Inc. v. Astellas US, LLC, et al., No. 13-12709, 11th Cir.; 2014 U.S. App. LEXIS 15669).

Mealey's Labor & Employment - 11th Circuit Upholds Dismissal Of Workers' Suit Against Dual-Listed Company

ATLANTA - A dual-listed company is not suable under Florida laws, the 11th Circuit U.S. Court of Appeals ruled Aug. 12, upholding the dismissal of a class complaint filed by seafarers seeking additional benefits following injuries at sea (Zolt Sabo, et al. v. Carnival Corporation, d.b.a. Carnival Corporation & PLC, et al., No. 13-11765, 11th Cir.; 2014 U.S. App. LEXIS 15398).

Mealey's Litigation Procedure - 11th Circuit Upholds Dismissal Of Workers' Suit Against Dual-Listed Company

ATLANTA - A dual-listed company is not suable under Florida laws, the 11th Circuit U.S. Court of Appeals ruled Aug. 12, upholding the dismissal of a class complaint filed by seafarers seeking additional benefits following injuries at sea (Zolt Sabo, et al. v. Carnival Corporation, d.b.a. Carnival Corporation & PLC, et al., No. 13-11765, 11th Cir.; 2014 U.S. App. LEXIS 15398).

Mealey's PI/Product Liability - Florida Appeals Court Says Estate Should Have Been Allowed To Amend Complaint

PALM BEACH, Fla. - A trial judge erred in dismissing a suit filed by a smoker who died during the pendency of the action, the Florida Fourth District Court of Appeal ruled Aug. 13, holding that the plaintiff's daughter was entitled to amend the action as representative of her mother's estate to add a claim for wrongful death (Kimberly Roden, et al. v. R.J. Reynolds Tobacco Co., et al., No. 4D11-421, Fla. App., 4th Dist.).

Mealey's PI/Product Liability - Judge Dismisses Claims For Failure To Comply With Florida Asbestos Statute

WILMINGTON, Del. - A couple's failure to comply with Florida's Asbestos and Silica Compensation Fairness Act requirements despite being given at least two chances to do so requires dismissal of their action, a Delaware federal judge held Aug. 11 (Harry A. Davis and Madonna S. Davis v. Ace Hardware Corp., et al., No. 12-1185, D. Del.).

Mealey's Insurance - Judge Affirms Verdict Regarding Misrepresentations On Insurance Application

MIAMI - A federal judge in Florida on Aug. 11 denied a man's motion for a new trial after finding that there was sufficient evidence for a jury to conclude that his misrepresentations on an insurance application for a fishing boat adversely affected an insurance company's ability to assess the risks of providing a policy to him (Eurys Gamez v. Ace American Insurance Company, No. 11-22842-CIV-SEITZ/SIMONTON, S.D. Fla.; 2014 U.S. Dist. LEXIS 110546).

Mealey's Toxic Tort/Environmental - Judge Dismisses Claims For Failure To Comply With Florida Asbestos Statute

WILMINGTON, Del. - A couple's failure to comply with Florida's Asbestos and Silica Compensation Fairness Act requirements despite being given at least two chances to do so requires dismissal of their action, a Delaware federal judge held Aug. 11 (Harry A. Davis and Madonna S. Davis v. Ace Hardware Corp., et al., No. 12-1185, D. Del.).