LexisNexis® Legal Newsroom
Sorry, but there are no more tags available to filter with.
Federal Judge Denies Contractor's Motions In Construction Lien Dispute

ORLANDO, Fla. - A federal judge in Florida on April 4 denied a general contractor's motions for summary judgment in a suit he filed to foreclose on a construction lien, finding that there are actually no motions pending as to affirmative defenses ...read more

Federal Judge Denies Dismissal Of FDIC's Suit Against Property Appraiser

TAMPA, Fla. - A federal judge in Florida on April 8 denied a property appraiser's motion to dismiss the Federal Deposit Insurance Corp.'s suit alleging that she conducted a negligently prepared appraisal that contained misrepresentations for a ...read more

Waiver In Check-Cashing Agreement Is Enforceable, Florida Supreme Court Rules

MIAMI - The Florida Supreme Court on April 11 found that a class action waiver in an arbitration agreement signed by check-cashing customers is valid and enforceable, overruling a lower court's decision (McKenzie Check Advance of Florida LLC, et al ...read more

Judge Dismisses Insolvent Insurers' Aiding, Abetting Claim, Rescission Claim

FORT LAUDERDALE, Fla. - A Florida federal judge on April 12 dismissed insolvent insurers' claims for aiding and abetting breach of fiduciary duties and rescission against their former directors regarding a failed land investment (British American ...read more

Panel Vacates Judgment To Insurance Broker On Claims Of Negligence, Fiduciary Duty

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 16 vacated a grant of summary judgment in favor of an insurance broker on an insured's claims for negligence and breach of fiduciary duty and remanded for reconsideration in light of the Florida ...read more

Federal Circuit Affirms Collateral Estoppel Ruling In Patent Case

WASHINGTON, D.C. - A Florida judge did not err in finding that a patent plaintiff is collaterally estopped from bringing infringement actions based on earlier litigation between the plaintiff and a different defendant, the Federal Circuit U.S. Court of ...read more

Florida Widow Wins $5.9 Million In Tobacco Wrongful Death Suit

JACKSONVILLE, Fla. - A federal jury in Florida returned a verdict of $5.9 million in compensatory damages April 18 to the widow of a Florida man and against R.J. Reynolds Tobacco Co. (Thelma Aycock v. R.J. Reynolds Tobacco Co., No. 3:09-cv-10928, M.D ...read more

11th Circuit Finds No Error In Allowing Mortgage Lending Trial To Proceed

ATLANTA - A federal judge in Florida did not err in awarding judgment to defendants accused of violating the Truth in Lending Act (TILA) and Fair Debt Collection Practices Act (FDCPA) and allowing a couple to represent themselves during the trial, an ...read more

Ponzi Scheme Defendants Agree To Pay $55M In Investment Club Action

WEST PALM BEACH, Fla. - A federal judge in Florida on April 24 signed consent orders in which defendants agreed to pay nearly $55 million to end a suit in which the U.S. Commodity Futures Trading Commission (CFTC) alleged that they orchestrated a $28 ...read more

Bankruptcy Judge Proposes Dismissal Of Insolvent Insurer's Breach Of Duty Claim

WEST PALM BEACH, Fla. - A Florida bankruptcy judge on April 30 proposed that an insolvent insurer's breach of fiduciary duty claim against its former director be dismissed based on a lack of personal jurisdiction (British American Insurance Company ...read more

Travel Agency Employees Awarded More Than $20M For Harassment, Retaliation

TAMPA, Fla. - A Florida federal jury on April 30 awarded eight former travel agency employees, in a lawsuit filed by the Equal Employment Opportunity Commission, a total of $20,251,963 based on their allegations of sexual harassment and retaliation (United ...read more

Fla. Federal Judge Dismisses Suit Alleging Insurer Schemed To Avoid Paying Rebates

FORT LAUDERDALE, Fla. - A Florida federal judge on May 7 dismissed a putative class action case against a health insurer and a third-party administrator accused of inflating medical loss ratios to avoid paying rebates for excessive premiums to subscribers ...read more

Coverage Owed For Chinese Drywall Claims, Florida Federal Judge Determines

TAMPA. Fla. - Insurers have a duty to defend their insured in underlying suits alleging property damage as a result of defective Chinese drywall distributed by the insured because the underlying suits do not allege claims that fall within the policies' ...read more

$16.8M Tobacco Verdict Is Vacated Over Failure To Prove Engle Membership

TALLAHASSEE, Fla. - A Florida appeals court vacated a $16.8 million tobacco wrongful death verdict and ordered a new trial, saying in a May 10 opinion that the trial judge did not require the plaintiff to prove membership in the class Engle v. Liggett ...read more

11th Circuit Affirms Damages, Reverses Fee Ruling In Trademark Case

ATLANTA - A Florida judge abused his discretion in failing to discuss and apply the correct standard in denying a prevailing trademark infringement plaintiff permanent injunctive relief, the 11th Circuit U.S. Court of Appeals ruled May 10 (Slep-Tone Entertainment ...read more

Kansas Federal Judge Grants Insurer's Motion To Amend Answer

TOPEKA, Kan. - A Kansas federal judge on May 16 permitted an insurer to amend its answer to add an affirmative defense because the insureds will not be prejudiced by the amendment and because the insurer showed good cause for the delay in seeking the ...read more

Medtronic Pacemaker Case Dismissed With Prejudice; No Duty To Warn Patient

ORLANDO, Fla. - A Florida federal judge on May 16 dismissed a pacemaker suit with prejudice after rejecting the plaintiff's argument that manufacturer defendant Medtronic Inc. had a duty to a plaintiff to report device problems to the Food and Drug ...read more

Judge: Consumer's Debt Collection, Credit Reporting Claims Not Time-Barred

WEST PALM BEACH, Fla. - A federal judge in Florida on May 17 declined to dismiss a consumer's debt collection and credit reporting claims against a debt collector, ruling that the consumer's claims were not time-barred under their respective statutes ...read more

Non-Engle Tobacco Plaintiff May Not Rely On Class Facts, Florida Federal Judge Rules

TAMPA, Fla. - A plaintiff whose decedent is not a member of the Florida tobacco class in Engle v. Liggett Group Inc. (945 So. 2d 1246 [Fla. 2006]) may not rely on the preclusive elements of that case but must set out and prove her own allegations, a Florida ...read more

11th Circuit Affirms Decision For Doctor In Medical Malpractice Case

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

Hemophilia Qui Tam Suit Is Barred By Earlier Action, Judge In Drug Price Case Says

BOSTON - The Massachusetts federal judge overseeing federal drug pricing litigation on May 31 denied a motion by two whistle-blowers to reopen a settled case involving hemophilia drugs made by Baxter Healthcare Corp., finding that a specialty pharmacy ...read more

Judge Declares Professional Liability Insurance Policy Void Ab Initio, Rescinded

ORLANDO, Fla. - A Florida federal judge declared on June 4 that a lawyers professional liability insurance policy is void ab initio and rescinded pursuant to Florida Statutes Sections 627.409(1)(a) and 627.409(1)(b), one day after finding that the law ...read more

Tobacco Company Denied Attorney Fee In Take-Nothing Verdict

JACKSONVILLE, Fla. - R.J. Reynolds Tobacco Co. is not entitled to $41,860 in attorney fees in a case in which the jury found for the plaintiff but awarded no damages, a Florida federal court judge said in an opinion filed June 4, affirming a magistrate ...read more

Florida Panel: Insured Fails To Show How Insurer Was Not Prejudiced By Late Notice

MIAMI - A Florida appeals panel found June 5 that an insured's evidence fails to rebut the presumption of prejudice to its insurer where the passage of time has made the insurer unable to determine exactly what of the insured's current property ...read more

11th Circuit Affirms Dismissal Of Suit Alleging Bank's Involvement In Ponzi Scheme

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 5 affirmed the dismissal of an investor's suit in which she alleged that Wachovia Bank N.A.'s banking services were used in a Ponzi scheme, disagreeing with her contention that "continuity" ...read more