LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Home Health Workers' WARN Act Class Certified By Florida Federal Judge

TAMPA, Fla. - A Florida federal judge on Sept. 18 certified a class of home health workers who sued their former employer under the Worker Adjustment and Retraining Notification (WARN) Act claiming that they were fired without notice and denied pay (Toni Molina, et al. v. Ace Homecare LLC, et al., No. 16-2214, M.D. Fla., 2017 U.S. Dist. LEXIS 151039).

Mealey's Litigation Procedure - Judge Refuses To Dismiss Brazilian Investor's Action Seeking Confirmation

FORT MYERS, Fla. - A Florida federal judge on Sept. 19 refused to dismiss a Brazilian entity's amended complaint in which it seeks to enforce a $14 million arbitral award, finding that the complaint was not barred by a three-year statute of limitations (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 151781).

Mealey's Litigation Procedure - Home Health Workers' WARN Act Class Certified By Florida Federal Judge

TAMPA, Fla. - A Florida federal judge on Sept. 18 certified a class of home health workers who sued their former employer under the Worker Adjustment and Retraining Notification (WARN) Act claiming that they were fired without notice and denied pay (Toni Molina, et al. v. Ace Homecare LLC, et al., No. 16-2214, M.D. Fla., 2017 U.S. Dist. LEXIS 151039).

Mealey's Litigation Procedure - Rental Property Owner Denied Class Certification In Suit Over Inspections

TAMPA, Fla. - A rental property owner seeking class certification in a suit over the constitutionality of a Florida city's rental housing program failed to prove the ascertainability and numerosity of its proposed class, a Florida federal judge ruled Sept. 19 (Lea Family Partnership Ltd., et al. v. City of Temple Terrace, Florida, et al., No. 16-3463, M.D. Fla., 2017 U.S. Dist. LEXIS 151405).

Mealey's Litigation Procedure - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from destroying evidence that could lead to who is responsible for his mother's death (Francis L. Lopez v. Rehabilitation Center At Hollywood Hills LLC, et al., No. CACE17016659, Fla. 17th Jud. Cir. Broward Co.).

Mealey's Litigation Procedure - Fla. Federal Judge Won't Allow Class Certification Motion To Be Sealed In TCPA Suit

TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient to overcome the public's right of access (Melanie Glasser, et al. v. Hilton Grand Vacations Company, LLC, No. 16-952, M.D. Fla., 2017 U.S. Dist. LEXIS 149332).

Mealey's PI/Product Liability - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from destroying evidence that could lead to who is responsible for his mother's death (Francis L. Lopez v. Rehabilitation Center At Hollywood Hills LLC, et al., No. CACE17016659, Fla. 17th Jud. Cir. Broward Co.).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms $14.3 Million Judgment In Engle Progeny Suit

LAKELAND, Fla. - A Second District Florida Court of Appeal panel on Sept. 15 affirmed a final judgment in favor of the surviving daughter of a woman who died from lung cancer caused by smoking after finding that an amendment to a Florida statute governing punitive damages did not apply to the case (R.J. Reynolds Tobacco Company v. Cindy Evers, No. 2D16-1603, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 13079).

Mealey's IP/Tech - Trademark, Patent Infringement Judgment Upheld By Federal Circuit

WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion or err in entering a final judgment of trademark and patent infringement against a defendant accused of selling a competing, knockoff hydradermabrasion system, the Federal Circuit U.S. Court of Appeals held Sept. 8 (Edge Systems LLC, et al. v. Rafael Newton Aguila, No. 16-2189, Fed. Cir., 2017 U.S. App. LEXIS 17365).

Mealey's PI/Product Liability - Florida Court Allows Cumulative Exposure Opinion, Affirms $9M Asbestos Verdict

MIAMI - A court properly admitted an expert's testimony that cumulative asbestos exposures were sufficient to cause a man's mesothelioma, a Florida appeals court held Sept. 6 in differentiating the testimony from the opinion that every exposure leads to disease and affirming a $9 million verdict (Northrop Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 12834).

Mealey's Litigation Procedure - Florida Court Allows Cumulative Exposure Opinion, Affirms $9M Asbestos Verdict

MIAMI - A court properly admitted an expert's testimony that cumulative asbestos exposures were sufficient to cause a man's mesothelioma, a Florida appeals court held Sept. 6 in differentiating the testimony from the opinion that every exposure leads to disease and affirming a $9 million verdict (Northrop Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 12834).

Mealey's Toxic Tort/Environmental - Florida Court Allows Cumulative Exposure Opinion, Affirms $9M Asbestos Verdict

MIAMI - A court properly admitted an expert's testimony that cumulative asbestos exposures were sufficient to cause a man's mesothelioma, a Florida appeals court held Sept. 6 in differentiating the testimony from the opinion that every exposure leads to disease and affirming a $9 million verdict (Northrop Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 12834).

Mealey's Insurance - Florida Panel Affirms Judgment, Corrects Order In Sinkhole Coverage Dispute

DAYTONA BEACH, Fla. - A Florida appeals panel on Sept. 1 affirmed a lower court's final judgment but remanded with instructions to enter a corrected order reflecting that when the insured provides his homeowners insurer with a signed contract to complete the necessary subsurface repairs, the insurer shall pay that amount instead of tendering the policy limits (Joseph Ringelman v. Citizens Property Insurance Corp., No. 5D16-260, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 12567).

Mealey's Banking & Finance - Judge Finds Borrower Has Standing, Dismisses Claims Against Loan Servicer

FORT LAUDERDALE, Fla. - A Florida federal judge on Aug. 28 dismissed all of a borrower's claims asserted against the servicer of his mortgage in relation to his requests for information on the loan but allowed him leave to amend his claims for violation of the Real Estate Settlement and Procedures Act (RESPA) and the Truth in Lending Act (TILA) (James W. Scott v. 360 Mortgage Group LLC, No. 17-cv-61055, S.D. Fla., 2017 U.S. Dist. LEXIS 139673).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Vacates $10 Million Engle Progeny Verdict

WEST PALM BEACH, Fla. - An appellate panel in Florida on Aug. 30 reversed a $10 million judgment awarded to the widow of a man who died from lung cancer because of his addiction to cigarettes after finding that the trial court erred by allowing the U.S. surgeon general's report on cigarettes into evidence (Philip Morris USA Inc., et al. v. Rose Pollari, No. 4D16-334, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 12470).

Mealey's IP/Tech - Pro Se Plaintiff Defeats Request For Dismissal Of Florida DMCA Claim

ORLANDO, Fla. - Allegations that a ministry and its minister made knowingly false representations of copyright infringement to YouTube in an effort to take down a plaintiff's YouTube channel will proceed, a Florida federal judge ruled Aug. 25 (Shirley Johnson v. New Destiny Christian Center Church Inc., et al., No. 17-710, M.D. Fla.).

Mealey's PI/Product Liability - Judge Denies Sanctions, Says Motion To Apply Florida Asbestos Law Reasonable

FORT MYERS, Fla. - Two nonbinding opinions involving different portions of Florida's asbestos law did not foreclose on a company's ultimately futile argument that a third section of the law should apply to the case against it, a federal judge held Aug. 22 in denying sanctions (Stacey Doolin, et al. v. American Optical Corp., et al., No. 16-778, M.D. Fla., 2017 U.S. Dist. LEXIS 134425).

Mealey's Toxic Tort/Environmental - Judge Denies Sanctions, Says Motion To Apply Florida Asbestos Law Reasonable

FORT MYERS, Fla. - Two nonbinding opinions involving different portions of Florida's asbestos law did not foreclose on a company's ultimately futile argument that a third section of the law should apply to the case against it, a federal judge held Aug. 22 in denying sanctions (Stacey Doolin, et al. v. American Optical Corp., et al., No. 16-778, M.D. Fla., 2017 U.S. Dist. LEXIS 134425).

Mealey's PI/Product Liability - Florida Jury Finds For Defense In Cigarette Addiction Trial

PORT ST. LUCIE, Fla. - A Florida state court jury on Aug. 23 found in favor of R.J. Reynolds Tobacco Co. in an Engle progeny suit in which a woman claimed that her husband was addicted to cigarettes and that his lung cancer and death were the result of his addiction (Phyllis Jones v. R.J. Reynolds Tobacco Co., No. 2008-CA-0057, Fla. 19th Jud. Cir. Indian River Co.).

Mealey's Litigation Procedure - Magistrate Grants Stay Pending Approval Of Settlement Of Fax Ads Coverage Dispute

TAMPA, Fla. - A Florida federal magistrate on Aug. 18 signed an order granting a joint motion to stay trial and pretrial deadlines pending approval of a settlement in a fax ads coverage dispute the same day she denied the commercial general liability insurer's motion in limine seeking to exclude three categories of evidence and testimony from trial (Zurich American Insurance Co. v. European Tile and Floors, Inc., et al., No. 16-729, M.D. Fla., 2017 U.S. Dist. LEXIS 132029).

Mealey's Insurance - Magistrate Grants Stay Pending Approval Of Settlement Of Fax Ads Coverage Dispute

TAMPA, Fla. - A Florida federal magistrate on Aug. 18 signed an order granting a joint motion to stay trial and pretrial deadlines pending approval of a settlement in a fax ads coverage dispute the same day she denied the commercial general liability insurer's motion in limine seeking to exclude three categories of evidence and testimony from trial (Zurich American Insurance Co. v. European Tile and Floors, Inc., et al., No. 16-729, M.D. Fla., 2017 U.S. Dist. LEXIS 132029).

Mealey's Insurance - Panel Affirms Ruling In Excess Insurer's Favor In Dispute Over Hotel Damage

WEST PALM BEACH, Fla. - A Florida appeals panel on Aug. 16 found that an excess insurance policy is unambiguous and not illusory, affirming a lower court's ruling in favor of the insurer in a breach of contract lawsuit over damage to the insured's New Orleans hotel (The Warwick Corporation, et al. v. Matthew Turetsky, et al., No. 4D16-2567, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 11792).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms $33 Million Verdict In Tobacco Lawsuit

WEST PALM BEACH, Fla. - A Florida appellate panel on Aug. 16 affirmed a $33 million verdict in an Engle progeny suit after finding that the trial court engaged in the "genuineness inquiry" in overruling the tobacco companies' objections to prospective jurors (R.J. Reynolds Tobacco Co., et al. v. Linda Purdo Enochs, No. 4D16-2025, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 11791).

Mealey's Labor & Employment - 11th Circuit Vacates Ruling Relating To Labs' Claims Over Self-Funded Plans

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed by the trial court after the benefit of discovery (BioHealth Medical Laboratory Inc., et al. v. Cigna Health and Life Insurance Company, et al., No. 16-101978, 11th Cir., 2017 U.S. App. LEXIS 15010).

Mealey's PI/Product Liability - Plaintiff Urges Florida Court To Allow Asbestos Experts, Award, Reject Daubert

TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).