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Bank Of The West Agrees To $18M Settlement In Overdraft Fees Action

MIAMI - Bank of the West has become the latest bank to settle claims in a multidistrict litigation in which plaintiffs allege that it manipulated customers' debit card transactions in order to charge overdraft fees, agreeing to pay $18 million to ...read more

11th Circuit Affirms Ruling Compelling Arbitration Of Cruise Worker's Claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 12 rejected a cruise line worker's arguments that an arbitration clause in his employment contract was invalid as against public policy, affirming a Florida federal court's decision to compel ...read more

Bank Of Oklahoma Settles Overdraft Claims For $19M

MIAMI - Bank of Oklahoma NA (BOK) has agreed to pay $19 million to settle claims in a multidistrict litigation alleging that it was one of many banks that improperly collected overdraft fees from its customers, according to documents the plaintiffs filed ...read more

Judge Grants Company's Request For Discovery In NAFTA Arbitration

MIAMI - A Florida federal judge granted a company's application for judicial assistance in obtaining discovery for use in an arbitration dispute with the government of Canada pending under the North American Free Trade Agreement (NAFTA) and denied ...read more

Florida Panel Grants Motion To Quash Discovery Order In Hurricane Charley Suit

MIAMI - A Florida appeals panel on July 25 granted a commercial property insurer's request for a writ of certiorari quashing a discovery order in a Hurricane Charley coverage dispute, finding that the order compels the production of materials regarding ...read more

1 More Settlement, Multiple Dismissals In Overdraft Fees MDL

MIAMI - A Florida federal judge on Aug. 1 granted one motion to dismiss and denied one motion to dismiss in the multidistrict litigation alleging the improper collection of overdraft fees of their customers ( In Re: Checking Account Overdraft Litigation ...read more

Federal Judge Remands Cruise Line Worker's Claims To Florida Court

MIAMI - After determining that no signed arbitration agreement existed, as required by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a federal judge on Aug. 10 refused to compel arbitration and remanded claims asserted ...read more

Judge Overturns Portion Of Ruling Allowing Deposition Question To Claims Adjuster

WEST PALM BEACH, Fla. - A federal judge in Florida on Aug. 14 overturned a magistrate judge's ruling requiring a claims adjuster to answer questions about an insurance company's decision to not offer a payment in excess of the limits of a plaintiff's ...read more

Mealey's Litigation Report: Nazi Reference Gets Judge Booted from Florida Tobacco Trial

TALLAHASSEE, Fla. - A Florida judge who compared a former tobacco company chief executive officer to a Nazi war criminal was disqualified by the state's First District Court of Appeal today from presiding over a tobacco case ( Philip Morris USA Inc ...read more

Florida Mom's Battered Woman Defense Doesn't Meet Frye, Appeals Panel Says

LAKELAND, Fla. - A woman convicted of failing to obtain medical care for her baby who was beaten to death by her boyfriend failed to establish admissibility of expert testimony on battered woman syndrome under the Frye test (Frye v. United States, 293 ...read more

Federal Judge Confirms FINRA Arbitration Award For Financial Services Firm

MIAMI - After finding that an Argentinean investor failed to show that an arbitral panel did not follow Financial Industry Regulatory Authority (FINRA) rules, a Florida federal judge on Sept. 10 confirmed an arbitration award issued in favor of a financial ...read more

Judge Compels Arbitration Of Seaman's Injury Claims Against Carnival

MIAMI - A Florida federal judge on Oct. 2 granted a cruise line's motion to compel arbitration of a seaman's injury-related claims, finding that the worker failed to show that an arbitration clause in his employment contract was against public ...read more

Florida Federal Judge Denies Plaintiff's Summary Judgment Motion In TCPA Suit

FORT LAUDERDALE, Fla. - A Florida federal judge on Oct. 16 denied a motion for summary judgment filed by a Florida man who filed a class complaint against a Miami nightclub for allegedly sending unsolicited text messages to people via an automatic telephone ...read more

11th Circuit: Wells Fargo Waived Its Right To Compel Arbitration In 5 Class Suits

ATLANTA - A bank waived its right to compel arbitration when it decided to decline two invitations by a Florida federal court to move to compel arbitration in five putative class suits brought by the bank's customers, the 11th Circuit U.S. Court of ...read more

Federal Judge Finds Passengers' Cruise-Related Claims Must Be Arbitrated

MIAMI - A Florida federal judge on Nov. 27 found that certain claims asserted by cruise ship passengers, including claims related to lost luggage, must be arbitrated pursuant to an arbitration clause in their cruise ticket but dismissed the majority of ...read more

Class Cert Denied In Suit Over Debt Collector's Automated Phone Calls

FORT LAUDERDALE, Fla. - A Florida federal judge on Dec. 27 denied a motion for class certification in a suit accusing a debt collector of violating the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system or a prerecorded ...read more

Denture Cream MDL Judge Won't OK Disclosing Discovery To FDA

MIAMI - A Florida magistrate judge on Jan. 18 denied a motion by plaintiffs in the denture cream multidistrict litigation to unseal expert reports and confidential Proctor & Gamble (P&G) Fixodent documents to disclose them to the Food and Drug ...read more

Judge: Plaintiffs Stated Breach Of Contract Claims Over Force-Placed Insurance

TAMPA, Fla. - A federal judge in Florida on Jan. 22 held that plaintiffs who brought a lawsuit against Chase Home Finance LLC and JPMorgan Chase Bank N.A. sufficiently stated claims for breach of contract, breach of the implied covenant of good faith ...read more

Federal Judge Compels Arbitration Of Seaman's Injury-Related Claims

MIAMI - A Florida federal judge on Feb. 8 granted a cruise line's motion to compel arbitration of a case filed by an employee who claims he suffered injuries aboard a ship, finding that the arbitration clause in his employment contract was enforceable ...read more

Federal Judge Compels Arbitration Of Seaman's Claims Against Cruise Line

MIAMI - A Florida federal judge on Feb. 13 granted a cruise line's motion to compel arbitration of a seaman's injury-related claims, finding that the seaman agreed to arbitration when he signed the agreements and that none of his arguments was ...read more

Carnival Faces Class Suit By Stranded Passengers Who Went 6 Days Without Plumbing

MIAMI - An Oklahoma couple filed a class complaint in Florida federal court on Feb. 18 accusing Carnival Corp. of negligence that led to an engine room fire earlier in the month on its cruise ship Carnival Triumph; as a result of that fire, passengers ...read more

Magistrate Judge Recommends Class Certification Be Denied To Direct Purchasers

TAMPA, Fla. - A federal magistrate judge in Florida on March 12 recommended that a group of direct purchasers of photochromic lenses be denied class certification in antitrust litigation against the lens manufacturers, concluding that the direct purchasers ...read more

Trasylol Expert Failed To Weigh Other Risk Factors, MDL Judge Says

WEST PALM BEACH, Fla. - A plaintiff's specific causation expert failed to account for a decedent's numerous other health problems in concluding that Trasylol "tipped the scale" and caused his kidney failure and death, the Florida federal ...read more

Florida Federal Judge Compels Arbitration Of Crewman's Claims In Panama

MIAMI - A Florida federal judge on April 3 granted a ship owner's motion to compel arbitration of a crewmember's injury-related claims under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, finding that his public ...read more

Judge Compels International Arbitration of Seaman's Claims Against Cruise Line

FORT LAUDERDALE, Fla. - A Florida federal judge on May 13 refused to remand a cruise line worker's injury-related claims to a state court, finding that he was required to arbitrate the dispute pursuant to the rules of the International Chamber of ...read more