Mealey's IP/Tech - 11th Circuit Says Standing Not Lacking In Trademark Action

ATLANTA - After receiving an answer from the Florida Supreme Court on a question it certified in October 2013, the 11th Circuit U.S. Court of Appeals on Nov. 17 found that Florida VirtualSchool, a Florida state agency, has standing to pursue trademark infringement claims against an online charter school (Florida VirtualSchool v. K12 Inc., No. 12-14271, 11th Cir.; 2014 U.S. App. LEXIS 21716).

Mealey's PI/Product Liability - Jury Awards $26.7M To 4 Women In Boston Scientific Pelvic Mesh MDL Trial

MIAMI - A federal jury in Florida on Nov. 13 awarded four women a total of $26.7 million in a multidistrict litigation trial involving Boston Scientific Corp.'s Pinnacle Pelvic Floor Repair Kit pelvic mesh repair device (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 14-24061, S.D. Fla.).

Mealey's PI/Product Liability - Florida Jury Awards $450,000 In Punitives To Daughter Of Smoker

BRONSON, Fla. - The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida's Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost $80 million (Dianne Webb v. R.J. Reynolds Tobacco Co., No. 382009CA001285, Fla. 8th Jud. Cir., Levy Co.).

Mealey's Litigation Procedure - Florida Federal Magistrate Judge Will Award Fees As Sanction In Copyright Case

MIAMI - Citing a plaintiff's failure to disclose "critical copyright transfers" or evidence of "negotiations leading up to the execution of transfer documents" despite "repeated, direct inquiries" by the plaintiff's former counsel, a Florida federal magistrate judge on Nov. 10 deemed an award of attorney fees on behalf of a copyright infringement defendant warranted (Latele Television C.A. v. Telemundo Communications Group LLC, et al., No. 12-22539, S.D. Fla.; 2014 U.S. Dist. LEXIS 158634).

Mealey's IP/Tech - Florida Federal Magistrate Judge Will Award Fees As Sanction In Copyright Case

MIAMI - Citing a plaintiff's failure to disclose "critical copyright transfers" or evidence of "negotiations leading up to the execution of transfer documents" despite "repeated, direct inquiries" by the plaintiff's former counsel, a Florida federal magistrate judge on Nov. 10 deemed an award of attorney fees on behalf of a copyright infringement defendant warranted (Latele Television C.A. v. Telemundo Communications Group LLC, et al., No. 12-22539, S.D. Fla.; 2014 U.S. Dist. LEXIS 158634).

Mealey's Litigation Procedure - Judge Partly Grants Motion To Continue In Financial Services Liability Dispute

FORT LAUDERDALE, Fla. - Finding that the possibility of insureds' windfall double recovery is a potentially dispositive threshold issue that must be considered in ruling on summary judgment motions, a Florida federal judge on Nov. 6 granted an insurer's motion to continue the insureds' motion for partial summary judgment to the extent the insurer seeks further discovery regarding the sale of a related third party (MapleWood Partners, et al. v. Indian Harbor Insurance Co., No. 08-23343, S.D. Fla.; 2014 U.S. Dist. LEXIS 157319).

Mealey's Insurance - Judge Partly Grants Motion To Continue In Financial Services Liability Dispute

FORT LAUDERDALE, Fla. - Finding that the possibility of insureds' windfall double recovery is a potentially dispositive threshold issue that must be considered in ruling on summary judgment motions, a Florida federal judge on Nov. 6 granted an insurer's motion to continue the insureds' motion for partial summary judgment to the extent the insurer seeks further discovery regarding the sale of a related third party (MapleWood Partners, et al. v. Indian Harbor Insurance Co., No. 08-23343, S.D. Fla.; 2014 U.S. Dist. LEXIS 157319).

Mealey's Insurance - Judge Trims Claims In Breach Of Contract, Bad Faith Lawsuit

ORLANDO, Fla. - A federal judge in Florida on Nov. 7 denied summary judgment with regard to an insured's insurance bad faith claim against his insurer for failure to grant a settlement offer in good faith, ruling that the issue at bar is one for a jury to decide (Antonio James Jimenez v. Government Employees Insurance Co., No. 10-640, M.D. Fla.; 2014 U.S. Dist. LEXIS 158031).

Mealey's PI/Product Liability - Federal Judge Dismisses Suit For Failure To Support Defect, Conspiracy Claims

TAMPA, Fla. - A Florida man has failed to allege sufficient facts to support his product defect and conspiracy claims against Lorillard Tobacco Co., a federal judge ruled Nov. 5 (Franklin Lee Bradley v. Lorillard Tobacco Co., No. 8:13-cv-227-T-33AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 156927).

Mealey's PI/Product Liability - Florida Jury Awards $521,000 In Punitives To Smoker With COPD

JACKSONVILLE, Fla. - A woman who alleged that her chronic obstructive pulmonary disease (COPD) and peripheral vascular disease (PVD) were caused by smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. was awarded $521,345.08 in punitive damages by a jury in Florida's Fourth Judicial Circuit on Nov. 7 (Helen Taylor v. R.J. Reynolds Tobacco Co., No. 16-2007-CA-011654- MXXX-MA, Fla. Cir., 4th Jud. Cir., Duval Co.).

Mealey's PI/Product Liability - Ohio Federal Judge Gives Notice Of Intent To Give 'Addicted' Charge In Engle Cases

JACKSONVILLE, Fla. - An Ohio federal judge designated to handle cases filed by members of the Engle class action in the U.S. District Court for the Middle District of Florida issued an order Nov. 6 indicating his intent to give "an 'addicted' charge" to juries in future cases assigned to him (Judith Berger v. Philip Morris USA Inc., No. 09-CV-14157, M.D. Fla.).

Mealey's PI/Product Liability - Florida Jury Awards Smoker $4.4 Million, Moves To Punitives Phase

JACKSONVILLE, Fla. - A jury in Florida's Fourth Judicial Circuit Court returned a $4,478,654.92 verdict Nov. 6 for a woman who alleged that her chronic obstructive pulmonary disease (COPD) and peripheral vascular disease (PVD) were caused by smoking (Helen Taylor v. R.J. Reynolds Tobacco Co., No. 16-2007-CA-011654- MXXX-MA, Fla. Cir., 4th Jud. Cir., Duval Co.).

Mealey's PI/Product Liability - Florida Jury Reduces Compensatory Award From $7.2 Million To $900,000

BRONSON, Fla. - A jury in Florida's Eighth Judicial Circuit Court for Levy County on Nov. 5 returned a $900,000 verdict for the daughter of a smoker who died of lung cancer in a trial limited to the redetermination of damages following the striking of an earlier award of almost $80 million (Dianne Webb v. R.J. Reynolds Tobacco Co., No. 382009CA001285, Fla. 8th Jud. Cir., Levy Co.).

Mealey's PI/Product Liability - Florida Jury Returns Verdict For Tobacco Companies In Lung Cancer Death Suit

ORLANDO, Fla. - A jury in Florida's Ninth Judicial Circuit Court returned a defense verdict Nov. 5 in a suit by a woman who alleged that her husband's death from lung cancer was related to his years of cigarette smoking (Annie Bishop, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2013-CA-007820-O, Fla. 9th Jud. Cir., Orange Co.).

Mealey's PI/Product Liability - Air Bag Plaintiffs Seek Consolidation Of Suits In Southern District Of Florida

WASHINGTON, D.C. - Plaintiffs in five suits alleging that defects in air bags manufactured by Takata Corp. were not revealed in a timely manner asked the Judicial Panel on Multidistrict Litigation on Nov. 3 to consolidate their actions in the U.S. District Court for the Southern District of Florida (In re: Takata Airbag Litigation, MDL Docket No. 2599, JPMDL).

Mealey's Litigation Procedure - Settlement Reached In Suit Over Cruise Ships' Bacteria-Laden Hot Tubs

MIAMI - A Florida federal judge on Nov. 3 issued an order administratively closing a class suit brought by cruise passengers who allege bacteria-related injuries after soaking in hot tubs on Carnival Corp. ships (Tab Lankford, et al. v. Carnival Corp., d/b/a Carnival Cruise Lines, Inc., No. 12-24408, S.D. Fla.).

Mealey's PI/Product Liability - Parties Offer Opening Statements In Florida Lung Cancer Suit

MIAMI - The attorney for the widow of a man who died of lung cancer after smoking for more than 45 years told a jury in the Florida 11th Judicial Court on Oct. 31 that his client's husband "needed to smoke" because he was addicted to nicotine (Diane Schleider, et al. v. R.J. Reynolds Tobacco Co., No. 13-2013-CA-006984, Fla. 11th Jud. Cir., Dade Co.).

Mealey's Insurance - Florida Panel: Failure To Disclose Report Prior To Suit Does Not Bar Coverage

LAKELAND, Fla. - Florida insureds' failure to disclose an engineer's report to their homeowners insurer before filing a breach of contract suit did not constitute a concealment that precluded coverage, a Florida appeals panel held Oct. 29, reversing and remanding a lower court's ruling in favor of the insurer (Christian Herrera v. Tower Hill Preferred Ins. Co., No. 2D13-2402, Fla. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Supreme Court Allows Florida To File Water Complaint Against Georgia

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 granted the State of Florida leave to file a bill of complaint alleging that a Georgia's water consumption from the Apalachicola-Chattahoochee-Flint (ACF) Basin is harming Florida's ecosystem and water-dependent industries (Florida v. Georgia, No. 152, Orig., U.S. Sup.).

Mealey's Insurance - Florida Judge Finds Revised ACA Mandate Opt-Out Rule Still Requires Injunction

MIAMI - Having Patient Protection and Affordable Care Act (ACA) contraceptive mandate challengers notify the government does not warrant a change in outcome from cases decided under the previous rule, which had them notify third-party administrators, a Florida federal judge held Oct. 28 (Ave Maria School of Law v. Sylvia Burwell, et al., No. 13-795, M.D. Fla.; 2014 U.S. Dist. LEXIS 152738).

Mealey's Litigation Procedure - Florida Judge Finds Revised ACA Mandate Opt-Out Rule Still Requires Injunction

MIAMI - Having Patient Protection and Affordable Care Act (ACA) contraceptive mandate challengers notify the government does not warrant a change in outcome from cases decided under the previous rule, which had them notify third-party administrators, a Florida federal judge held Oct. 28 (Ave Maria School of Law v. Sylvia Burwell, et al., No. 13-795, M.D. Fla.; 2014 U.S. Dist. LEXIS 152738).

Mealey's Labor & Employment - Florida Judge Finds Revised ACA Mandate Opt-Out Rule Still Requires Injunction

MIAMI - Having Patient Protection and Affordable Care Act (ACA) contraceptive mandate challengers notify the government does not warrant a change in outcome from cases decided under the previous rule, which had them notify third-party administrators, a Florida federal judge held Oct. 28 (Ave Maria School of Law v. Sylvia Burwell, et al., No. 13-795, M.D. Fla.; 2014 U.S. Dist. LEXIS 152738).

Mealey's Insurance - Insureds Not Required To Give Sinkhole Report To Insurer, Panel Concludes

LAKELAND, Fla. - An insurance policy did not require insureds to provide a report regarding their sinkhole claim to their insurer unless they had the report at the time of the claim, but before the insurer denied it, a Florida appeals panel held Oct. 29, reversing the final summary judgment in favor of the insurer (Christian Herrera and Sharon Herrera v. Tower Hill Preferred Insurance Co., No. 2D13-2402, Fla. App., 2nd Dist.; 2014 Fla. App. LEXIS 17638).

Mealey's Health Law - Florida Judge Finds Revised ACA Mandate Opt-Out Rule Still Requires Injunction

MIAMI - Having Patient Protection and Affordable Care Act (ACA) contraceptive mandate challengers notify the government does not warrant a change in outcome from cases decided under the previous rule, which had them notify third-party administrators, a Florida federal judge held Oct. 28 (Ave Maria School of Law v. Sylvia Burwell, et al., No. 13-795, M.D. Fla.; 2014 U.S. Dist. LEXIS 152738).

Mealey's Litigation Procedure - Class Suit Accuses Apple Of Selling Defective 2011 MacBook Pros

SAN JOSE, Calif. - Two California men and one Florida man filed a class complaint on Oct. 24 accusing Apple Inc. of selling defective 2011 MacBook Pros and failing to successfully fix the defective laptop computers while they were under warranty (Zachary Book, et al. v. Apple, Inc., No. 14-4746, N.D. Calif.).