LexisNexis® Legal Newsroom
Mealey's Insurance - Appeals Panel: Insurer's Defense Over Repairs Was Wrongfully Denied

WEST PALM BEACH, Fla. - In a coverage dispute over water damage to an insured's kitchen, an insurer was wrongfully denied an opportunity to argue that it could repair the damaged property and that hiring a general contractor was unnecessary, a Florida appeals panel ruled Oct. 13, reversing a trial judge's entry of summary judgment to the insured (Prepared Insurance Co. v. David Gal, No. 4D15-1909, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 15181).

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Affirms Defense Verdict In Tobacco Suit

MIAMI - A Florida appellate panel on Oct.13 affirmed a defense verdict in an Engle progeny suit after finding that the trial judge did not err by including a question about Philip Morris USA Inc.'s fault on the verdict form over the plaintiff's objections (Jose Vila v. Philip Morris USA Inc., No. 3D15-1853, Fla. App. 3rd Dist.; 2016 Fla. App. LEXIS 15126).

Mealey's IP/Tech - Fraud Detection Patent Recites Ineligible Matter, Federal Circuit Concludes

WASHINGTON, D.C. - Finding no error in a Florida federal judge's determination of patent ineligibility under 35 U.S. Code Section 101, the Federal Circuit U.S. Court of Appeals on Oct. 11 affirmed dismissal of a dispute over a fraud detection patent (FairWarning IP LLC v. Iatric Systems Inc., No. 15-1985, Fed. Cir.; 2016 U.S. App. LEXIS 18313).

Mealey's Health Law - High Court Denies Review Of Ruling On Standing To Sue Insurer Under ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 11 denied a petition for writ of certiorari asking it to consider whether a party that is not an Employee Retirement Income Security Act plan participant, an ERISA beneficiary or a health care provider has standing to sue an insurer under ERISA for benefits (Gables Insurance Recovery Inc., as assignee of South Miami Chiropractic LLC, v. Blue Cross and Blue Shield of Florida Inc., No. 16-64, U.S. Sup.).

Mealey's Labor & Employment - High Court Denies Review Of Ruling On Standing To Sue Insurer Under ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 11 denied a petition for writ of certiorari asking it to consider whether a party that is not an Employee Retirement Income Security Act plan participant, an ERISA beneficiary or a health care provider has standing to sue an insurer under ERISA for benefits (Gables Insurance Recovery Inc., as assignee of South Miami Chiropractic LLC, v. Blue Cross and Blue Shield of Florida Inc., No. 16-64, U.S. Sup.).

Mealey's Insurance - Federal Judge Dismisses Fraud Suit Against Insurer In Hurricane Charley Dispute

ORLANDO, Fla. - A Florida federal judge on Oct. 4 granted an insurer's motion to dismiss insureds' fraud claims in a dispute arising from roof damage caused by Hurricane Charley (Ida L. Cruz, et al. v. American Security Insurance Co., No. 16-1317, M.D. Fla.; 2016 U.S. Dist. LEXIS 137548).

Mealey's Litigation Procedure - Florida Federal Magistrate Defers Discovery Ruling In Lanham Act Case

MIAMI - Efforts by 32 models to obtain, through discovery, the membership list of a defendant "swingers" club were unsuccessful on Oct. 3, when a Florida federal magistrate judge concluded that it remains unclear whether the requested information would assist the plaintiffs in determining the amount of damages available to them on their allegation that the club violated the Lanham Act (Jaime Faith Edmondson, et al. v. Velvet Lifestyles LLC, No. 15-24442, S.D. Fla.; 2016 U.S. Dist. LEXIS 136866).

Mealey's Litigation Procedure - D.R. Horton Ordered By Magistrate Judge To Produce List Of Lawsuits

ORLANDO, Fla. - D.R. Horton Inc. must respond to a subcontractor's request for information regarding other lawsuits the builder has been named a party in over allegedly defective stucco, after a federal magistrate judge in Florida on Oct. 3 ruled that the information is relevant (D.R. Horton Inc. v. H&H Stucco & Stone Inc., et al., No. 15-cv-2063-Orl-40TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 136603).

Mealey's PI/Product Liability - D.R. Horton Ordered By Magistrate Judge To Produce List Of Lawsuits

ORLANDO, Fla. - D.R. Horton Inc. must respond to a subcontractor's request for information regarding other lawsuits the builder has been named a party in over allegedly defective stucco, after a federal magistrate judge in Florida on Oct. 3 ruled that the information is relevant (D.R. Horton Inc. v. H&H Stucco & Stone Inc., et al., No. 15-cv-2063-Orl-40TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 136603).

Mealey's IP/Tech - Florida Federal Magistrate Defers Discovery Ruling In Lanham Act Case

MIAMI - Efforts by 32 models to obtain, through discovery, the membership list of a defendant "swingers" club were unsuccessful on Oct. 3, when a Florida federal magistrate judge concluded that it remains unclear whether the requested information would assist the plaintiffs in determining the amount of damages available to them on their allegation that the club violated the Lanham Act (Jaime Faith Edmondson, et al. v. Velvet Lifestyles LLC, No. 15-24442, S.D. Fla.; 2016 U.S. Dist. LEXIS 136866).

Mealey's Insurance - Florida Majority Quashes Ruling, Says Court Misapplied, Misinterpreted Statutes

TALLAHASSEE, Fla. - A majority of the Florida Supreme Court held Sept. 29 that an appellate court misapplied a statutory presumption of correctness and incorrectly found that another statute requires a showing of bad faith for an insured to recover attorney fees, quashing and remanding the appellate court's ruling in a sinkhole coverage dispute (Kathy Johnson v. Omega Insurance Co., No. SC14-2124, Fla. Sup.; 2016 Fla. LEXIS 2148).

Mealey's PI/Product Liability - Abilify Compulsive Behavior MDL Created, Sent To Florida

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 3 granted a rare joint plaintiff-defense motion to centralize 42 federal Abilify lawsuits in a multidistrict litigation in the U.S. District Court for the Northern District of Florida (In Re: Abilify [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, JPMDL).

Mealey's Litigation Procedure - Godiva To Pay $6.3 Million To Settle Claims For Credit Card Numbers On Receipts

FORT LAUDERDALE, Fla. - A Florida federal judge on Sept. 28 granted final approval of a $6.3 million settlement to be paid by Godiva Chocolatier Inc. in a class complaint accusing the chocolate retailer of unlawfully displaying more than the last five digits on some credit and debit card receipts between April 2013 and November 2015 (Dr. David S. Muransky, et al. v. Godiva Chocolatier, Inc., No. 15-60716, S.D. Fla.; 2016 U.S. Dist. LEXIS 133695).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $6.4 Million To Estate In Tobacco Suit

JACKSONVILLE, Fla. - A Florida jury on Sept. 28 awarded the estate of a man who died from chronic obstructive pulmonary disease (COPD) $6.4 million after finding that R.J. Reynolds Tobacco Co.'s role in a conspiracy among tobacco companies to hide the dangers of smoking led to the man's disease and death (Linda Prentice v. R.J. Reynolds Tobacco Co., No. 2008-CA-000386, Fla. 4th Jud. Cir. Duval Co.).

Mealey's PI/Product Liability - Takata MDL Judge Partially Grants, Denies Motion To Dismiss Toyota Claims

MIAMI - A federal judge in Florida on Sept. 22 dismissed a handful of claims in a consolidated complaint against Toyota, partially granting and partially denying the automaker's motion to dismiss the second amended complaint in the Takata air bag multidistrict litigation but keeping the majority of the claims for trial (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).

Mealey's PI/Product Liability - Plaintiffs' Firm To Face Breach-Of-Contract Trial For $1.3M In Fees For 2nd Firm

CLEVELAND - An Ohio federal judge on Sept. 21 issued a summary judgment ruling that leaves for a January jury trial the question of whether a Florida plaintiffs law firm breached its contract with an Ohio plaintiffs' law firm and owes it $1.3 million in referral fees for Prempro (hormone replacement therapy, or HRT) cases (Misny & Associates Co. v. Aylstock, Witkin, Kreis & Overholtz, No. 15-681, N.D. Ohio, Eastern Div.; 2016 U.S. Dist. LEXIS 129239).

Mealey's Litigation Procedure - Florida Court Reverses $8M Verdict, Orders Retrial For Tobacco Defendant

FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).

Mealey's PI/Product Liability - Florida Court Reverses $8M Verdict, Orders Retrial For Tobacco Defendant

FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).

Mealey's Toxic Tort/Environmental - Florida Court Reverses $8M Verdict, Orders Retrial For Tobacco Defendant

FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).

Mealey's IP/Tech - Florida Federal Judge Dismisses Trademark Claims, With Leave To Amend

MIAMI - A contractual dispute was dismissed Sept. 12 by a Florida federal judge, who found that a plaintiff's allegations of trademark infringement - the only alleged basis for federal jurisdiction - fail to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (Mainstream Advertising Inc. v. Moniker Online Services LLC, No. 16-61316, S.D. Fla.; 2016 U.S. Dist. LEXIS 123132).

Mealey's Insurance - Judge: 'Your Work' Exclusion Bars Coverage For Insured's Faulty Condominium Work

ORLANDO, Fla. - While Florida recognizes that an insured's defective work on a condominium complex gives rise to an "occurrence" caused by "property damage" under a commercial general liability insurance policy, a Florida federal judge ruled Sept. 13 that the "your work" exclusion extinguishes the insurer's duty to defend and indemnify (Evanston Insurance Co. v. DiMucci Development Corporation of Ponce Inlet Inc. and Towers Grande Condominium Association, No. 15-486, M.D. Fla.; 2016 U.S. Dist. LEXIS 123678).

Mealey's Litigation Procedure - Judge Dismisses Class Action Suit Over Pulte's Use Of Allegedly Defective Stucco

ORLANDO, Fla. - A federal judge in Florida on Sept. 8 dismissed a class action suit against Pulte Home Corp. accusing the company of building homes with defective stucco siding, ruling that the negligence claim is barred by the economic loss doctrine and that the state does not recognize a cause of action for a builder's alleged intentional installation of defective stucco (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 121348).

Mealey's Insurance - 'Entrustment' Exclusion Bars Coverage For Theft, Vandalism Loss, Panel Affirms

MIAMI - A Florida appeals panel held Sept. 7 that a commercial insurance policy's "entrustment" exclusion applies to a third-party's actions as an insured's tenant and precludes coverage for the insured's theft and vandalism loss, rejecting the insured's argument that the exclusion is ambiguous (Grover Commercial Enterprises, Inc., etc. v. Aspen Insurance UK, Ltd., et al., No. 3D14-1987, Fla. App., 3rd Cir.).

Mealey's PI/Product Liability - Judge Dismisses Class Action Suit Over Pulte's Use Of Allegedly Defective Stucco

ORLANDO, Fla. - A federal judge in Florida on Sept. 8 dismissed a class action suit against Pulte Home Corp. accusing the company of building homes with defective stucco siding, ruling that the negligence claim is barred by the economic loss doctrine and that the state does not recognize a cause of action for a builder's alleged intentional installation of defective stucco (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 121348).

Mealey's Insurance - Judge: Insurer's Failure To Provide Proof Of Loss Caused Delay In Payment

ASHLAND, Ky. - An insurer is entitled to judgment as a matter of law in an insurance breach of contract and bad faith lawsuit because insureds failed to show that the insurer breached the terms of a homeowners insurance policy by failing to pay on claims within 30 days of receiving the proof of loss, a federal judge in Kentucky ruled Sept. 7 (Billie W. Hamm v. American Bankers Insurance Co. of Florida, No. 14-39, E.D. Ky.; 2016 U.S. Dist. LEXIS 120567).