Florida

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11th Circuit Affirms Decision For Doctor In Medical Malpractice Case
Posted on 29 May 2013 by Mealeys

ATLANTA - The 11th Circuit U.S. Court of Appeals on May 24 upheld summary judgment for a Florida doctor named as the defendant in a medical malpractice case, agreeing that a state prisoner failed to show that the defendant was deliberately indifferent... Read More

Fla. Federal Judge Dismisses Denial Of Benefits Claims, Allows Amendment For 2
Posted on 23 Jan 2013 by Mealeys

WEST PALM BEACH, Fla. - A Florida federal judge on Jan. 14 sua sponte dismissed a previous order granting partial dismissal of claims by medical providers alleging that health insurers violated the Employee Retirement Income Security Act by granting preapproval... Read More

Tobacco Award Vacated Over Trial Judge's Bar Of Alternate Causation
Posted on 14 Jun 2012 by Mealeys

TALLAHASSEE, Fla. - A tobacco company defendant should have been allowed to present at trial evidence of possible alternative causes of a decedent's laryngeal cancer even if it did not rise to a reasonable degree of medical probability, the First... Read More

Eisai Whistle-Blower Suit Alleging Off-Label Promotion Dismissed With Prejudice
Posted on 5 Feb 2013 by Mealeys

MIAMI - A Florida federal judge on Feb. 1 dismissed with prejudice a whistle-blower lawsuit alleging that Eisai Inc. marketed some of its drugs for off-label uses, failed to provide the federal government with the best price for some drugs and paid kickbacks... Read More

Panel: Fla. Has No Authority To Act As Receiver For Insolvent Retirement Community
Posted on 16 Jan 2013 by Mealeys

TALLAHASSEE, Fla. - The State of Florida is without authority, through its regulatory agents, to intervene and act as receiver over an insolvent continuing care retirement community for the benefit of its residents, a Florida appeals panel held Jan. 11... Read More

Judge Dismisses New York, Florida Plaintiffs From Unintended Acceleration MDL
Posted on 7 May 2012 by Mealeys

SANTA ANA, Calif. - The federal judge overseeing a massive defective-automobile consolidated action in California agreed on May 4 to dismiss the majority of claims brought by plaintiffs from New York and Florida against Toyota Motor Corp. from MDL 2151... Read More

11th Circuit Says Registration Requirement Not Met In Copyright Case
Posted on 18 Sep 2012 by Mealeys

ATLANTA - Although a Florida federal magistrate judge erroneously found that "Internet publication" results in "simultaneous, worldwide distribution," the 11 Circuit U.S. Court of Appeals nonetheless affirmed dismissal of copyright... Read More

New Trial Ordered For Tobacco Claim Dismissed On Statute Of Limitations
Posted on 12 Apr 2012 by Mealeys

MIAMI - A Florida woman's claim that cigarette smoking caused chronic obstructive pulmonary disease (COPD) or emphysema was reinstated April 11 by the Third District Florida Court of Appeal, which ruled that a defense expert violated an order in limine... Read More

Insurer Had No Duty To Indemnify Construction Defect Case, Judge Finds
Posted on 22 Mar 2013 by Mealeys

TAMPA, Fla. - A commercial general liability insurer had no duty to indemnify the settlement of an underlying construction defect action, a Florida federal judge ruled March 20, finding that the insurer did not improperly exhaust or allocate its primary... Read More

Law Firm will Pay $25 Million to Settle Nadel Ponzi Scheme Charges
Posted on 30 Aug 2012 by Mealeys

TAMPA, Fla. - A federal judge in Florida yesterday approved Holland & Knight LLP's agreement to pay $25 million to settle charges brought by the Securities and Exchange Commission that it helped hedge fund manager Arthur Nadel conduct a $168 million... Read More

Judge: Shareholder Pleaded Breach Of Fiduciary Duty Claim In Securities Suit
Posted on 24 Oct 2012 by Mealeys

TAMPA, Fla. - A shareholder has properly shown that a company's directors breached their fiduciary duty by their actions during a merger deal, a federal judge in Florida ruled Oct. 22 in granting in part and denying in part the defendants' motion... Read More

Florida Appeals Court Reverses Itself, Reinstates $1.9M Tobacco Verdict
Posted on 19 Oct 2012 by Mealeys

WEST PALM BEACH, Fla. - A divided Florida state appeals court has reversed itself and reinstated a $1.9 million tobacco death judgment against Philip Morris USA Inc., saying in an Oct. 17 opinion that a question on the statute of limitations should not... Read More

Florida Federal Judge: Drug-Testing Mandate For State Workers Unconstitutional
Posted on 27 Apr 2012 by Mealeys

MIAMI - An order by Florida's governor for mandatory random drug testing of more than 85,000 state workers cannot be implemented because it is unconstitutional, a federal judge held April 26, saying that the "privacy interests infringed upon... Read More

Federal Judge Dismisses Line-Of-Credit Dispute Against Wells Fargo
Posted on 15 Jan 2013 by Mealeys

ORLANDO, Fla. - A federal judge in Florida on Jan. 14 dismissed a suit against Wells Fargo Bank N.A. arising from a line-of-credit default, finding that the bank in this case is not a "debt collector" under the Fair Debt Collection Practices... Read More

11th Circuit Finds Sales Contract's Disclaimer Waived Reliance On Appraisal
Posted on 2 Nov 2012 by Mealeys

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Nov. 1 affirmed a Florida federal judge's ruling awarding summary judgment to a mortgage company after finding that a disclaimer in a sales contract for a parcel of land precluded plaintiffs... Read More

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