LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Adopts Recommendation To Deny Dismissal Of Groups' Suit Over Discharges

MIAMI - A federal judge in Florida on Nov. 17 adopted a magistrate judge's recommendation to deny dismissal of a lawsuit brought by three environmental groups over discharges from a nuclear power plant's facility, holding that the groups have standing to bring their suit under the Clean Water Act (CWA) (Southern Alliance for Clean Energy, et al. v. Florida Power & Light Company, No. 16-23017-CIV-GAYLES/OTAZA-REYES, S.D. Fla., 2017 U.S. Dist. LEXIS 190504).

Mealey's IP/Tech - Federal Circuit Affirms Delayed Motion To Amend Dooms Patent Complaint

WASHINGTON, D.C. - A Florida federal judge's decision to dismiss a patent infringement complaint without prejudice following a plaintiff's delayed efforts to add a co-inventor was upheld by the Federal Circuit U.S. Court of Appeals on Nov. 17 (Cobra International Inc. v. BCNY International Inc., et al., Nos. 16-2103, -2173, -2635, Fed. Cir., 2017 U.S. App. LEXIS 23133).

Mealey's Insurance - Magistrate Judge Denies Deadline Extension In Defects Insurance Coverage Dispute

ORLANDO, Fla. - In an insurance coverage dispute over construction defects, a Florida federal magistrate judge on Nov. 13 denied a developer's request for an extension of deadline on the serving of expert disclosures (WaterMark Construction L.P. v. Southern-Owners Insurance Co., et al., No. 17-1814, M.D. Fla., 2017 U.S. Dist. LEXIS 186765).

Mealey's PI/Product Liability - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).

Mealey's IP/Tech - Federal Circuit Affirms: Biologics For Neutropenia Treatment Do Not Infringe

WASHINGTON, D.C. - A Florida federal judge did not err in rejecting allegations by Amgen Inc. and Amgen Manufacturing Limited (Amgen, collectively) that proposed biosimilar versions of two Amgen pegfilgrastim and filgastim products would infringe a patented method of refolding recombinant proteins expressed in non-mammalian cells, the Federal Circuit U.S. Court of Appeals ruled Nov. 13 (Amgen Inc., et al. v. Apotex Inc., et al., No. 17-1010, Fed. Cir., 2017 U.S. App. LEXIS 22638).

Mealey's Litigation Procedure - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).

Mealey's PI/Product Liability - Most Of Mechanical Engineer's Opinions On Faulty Blender Admissible, Judge Rules

TAMPA, Fla. - Most of an expert's opinions on alleged defects in a food blender that overheated, causing burns to a woman, are based on sound methods and are reliable and helpful enough to be admitted, a Florida federal judge held Nov. 7 (Phyllis B. Cerrato, et al. v. Nutribullet, LLC, et al., No. 8:16-cv-3077, M.D. Fla., 2017 U.S. Dist. LEXIS 184220).

Mealey's IP/Tech - 75 Website Operators Enjoined From Offering Counterfeit Gucci Items

FORT LAUDERDALE - A Florida federal judge on Nov. 8 granted Gucci America Inc.'s motion for a preliminary injunction against 75 website operators that the plaintiff said were selling counterfeit goods bearing the "Gucci" mark, finding Gucci "very likely" to succeed in its trademark infringement claims (Gucci America Inc. v. 532buy.com, et al., No.0:17-cv-62068, S.D. Fla.).

Mealey's Litigation Procedure - Most Of Mechanical Engineer's Opinions On Faulty Blender Admissible, Judge Rules

TAMPA, Fla. - Most of an expert's opinions on alleged defects in a food blender that overheated, causing burns to a woman, are based on sound methods and are reliable and helpful enough to be admitted, a Florida federal judge held Nov. 7 (Phyllis B. Cerrato, et al. v. Nutribullet, LLC, et al., No. 8:16-cv-3077, M.D. Fla., 2017 U.S. Dist. LEXIS 184220).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Vacates $10.5 Million Verdict In Tobacco Suit

WEST PALM BEACH, Fla. - A panel of the Fourth District of the Florida Court of Appeal on Nov. 8 found that a U.S. surgeon general's report that was admitted to the jury during an Engle progeny suit was hearsay and should not have been admitted as evidence and remanded the suit to the trial court for a new trial (R.J. Reynolds Tobacco Co., et al. v. John McCoy, No. 4D16-259, Fla. App. 4th Dist.).

Mealey's PI/Product Liability - Florida Appeals Panel Affirms $12 Million Verdict In Tobacco Suit

LAKELAND, Fla. - Without an explanation, a panel of the Second District Florida Court of Appeal on Nov. 8 affirmed a $12 million verdict, but certified a conflict with another Florida appellate court over the tobacco company's arguments on comparative fault (R.J. Reynolds Tobacco Company v. George J. Dion, No. 2d16-3632, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 16433).

Mealey's PI/Product Liability - Florida Appeals Panel Reinstates Amended Negligence Complaint

TALLAHASSEE, Fla. - A Florida appellate panel on Nov. 6 reversed a trial court's decision to dismiss the amended complaint of a woman who claimed that she was injured following an examination with a urologist after finding that her claims were based in ordinary negligence and not medical negligence (Lois Vance v. Okaloosa-Walton Urology, et al., No. 1D16-4272, Fla. App., 1st Dist., 2017 Fla. App. LEXIS 16152).

Mealey's Insurance - Federal Judge Says Assertion Of Reservation Of Rights Is Not Affirmative Defense

MIAMI - A Florida federal judge on Nov. 7 partially granted an insured's motion to strike its insurer's affirmative defenses as they pertained to the insurer's reservation of rights because the assertion of a reservation of rights is not an affirmative defense (Kapow of Boca Raton Inc. et al. v. Aspen Specialty Insurance Co., No. 17-80972, S.D. Fla., 2017 U.S. Dist. LEXIS 184224).

Mealey's PI/Product Liability - Pharmacy Owner Pleads Guilty To Fraud In Compounded Drug Scheme

TAMPA, Fla. - The owner of several Florida pharmacies pleaded guilty on Nov. 6 to health care fraud and criminal gains for submitting $100 million in claims for compounded prescription drugs to health insurance programs (United States v. Nicholas A. Borgesano, Jr., No. 16-cr-353, M.D. Fla.).

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Reverses Summary Judgment In Tobacco Lawsuit

DAYTONA BEACH, Fla. - A panel of Florida's Fifth District Court of Appeals on Nov. 3 reversed a decision from a trial court to grant summary judgment to tobacco companies in an Engle progeny suit and ordered that an evidentiary hearing be held on whether the suit was filed before the statute of limitations expired (Desmond Mansfield v. R.J. Reynolds Tobacco Co., et al., No 5D16-1826, Fla. App. 5th Dist.).

Mealey's Insurance - Florida Panel Affirms Stay Of Equine Mortality Coverage Suit Pending Arbitration

MIAMI - A Florida appeals panel on Nov. 1 affirmed a lower court's ruling granting an insurer's motion to stay an insured's lawsuit seeking equine mortality coverage for a loss arising from the death of a horse and compelling arbitration (Lucky Star Horses, Inc., et al. v. Diamond State Insurance Co., No. 3D17-725, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 15718).

Mealey's Insurance - Court Erred In Applying 2-Year Statute Of Limitations To Claim Against Broker

LAKELAND, Fla. - A Florida appeals panel on Nov. 3 found that a lower court improperly granted summary judgment in favor of an insurance broker on a intentional misrepresentation claim, concluding that the court should have applied a six-year statute of limitations instead of a two-year statute of limitations in determining whether the claim was valid (Haji Tehrani v. 1st Source Insurance Inc., et al., No. 2D16-1020, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 15883).

Mealey's Toxic Tort/Environmental - Florida Jury Awards Widower More Than $100,000 In Tobacco Lawsuit

JACKSONVILLE, Fla. - A Florida jury on Nov. 2 awarded the widower of a woman who died of laryngeal cancer $131,371 in damages in an Engle progeny suit after finding that her addiction to cigarettes made by Philip Morris USA Inc. was the cause of her cancer and death (Robert Douglas v. Philip Morris USA Inc., No. 2008-CA-000386, Fla. 4th Jud. Cir., Duval Co.).

Mealey's Insurance - Disability Claimant's Amended Complaint Dismissed; Claims Not Timely, Judge Says

MIAMI - A Florida federal judge on Oct. 30 dismissed a disability claimant's amended complaint after determining that the claims alleged against the disability insurer are barred by Florida's applicable statutes of limitations (Victor Gonzalez-Guzman v. Metropolitan Life Insurance Co., No. 17-20107, S.D. Fla., 2017 U.S. Dist. LEXIS 179259).

Mealey's Insurance - Florida Federal Judge Denies Motion To Remand Water And Mold Damage Suit

MIAMI - A Florida federal judge on Oct. 25 denied an insured's motion to remand after determining that the federal amount in controversy minimum has been met because the damages sought by the insured and its assignee arise from the same insurance claim and, therefore, must be considered in the aggregate rather than individually (Kapow of Boca Raton Inc. et al. v. Aspen Specialty Insurance Co., No. 17-80972, S.D. Fla., 2017 U.S. Dist. LEXIS 176366).

Mealey's Litigation Procedure - Florida High Court: Law Requires Discovery Of Adverse Medical Incident Reports

TALLAHASSEE, Fla. - An amendment to the Florida Constitution requires a hospital to produce external documents reviewing a surgical error incident, a Florida Supreme Court majority ruled Oct. 26 in a medical negligence suit, concluding that the statute favors the elimination of restrictions on patients' discovery of adverse medical incident reports (Amber Edwards v. Larry D. Thomas, et al., No. SC15-1893, Fla. Sup., 2017 Fla. LEXIS 2136).

Mealey's PI/Product Liability - Gun Importer's Counterclaim In Misfiring Class Suit Survives Dismissal Motion

MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).

Mealey's Banking & Finance - Florida Federal Judge Finds Facts To Support RESPA, FDCPA Claims

JACKSONVILLE, Fla. - After finding that a borrower sufficiently pleaded facts to support her causes of action for violation of the Real Estate Settlement and Procedures Act (RESPA) and other claims against a loan servicer in relation to her mortgage, a Florida federal judge on Oct. 24 refused to dismiss the borrower's amended complaint (Mary R. Johnson v. Specialized Loan Servicing LLC, et al., No. 3:16-cv-178, M.D. Fla., 2017 U.S. Dist. LEXIS 176142).

Mealey's Litigation Procedure - Gun Importer's Counterclaim In Misfiring Class Suit Survives Dismissal Motion

MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).

Mealey's PI/Product Liability - Companies Want Daubert As Florida Law, Every Exposure Asbestos Testimony Rejected

TALLAHASSEE, Fla. - Two companies on Oct. 20 defended a ruling rejecting an $8 million judgment, telling the Florida Supreme Court that the state's Legislature is free to adopt the Daubert standard and that expert testimony that every exposure to asbestos leads to mesothelioma fails regardless of which standard the court applies (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).