LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Police Expert Barred From Testifying On Injuries, Florida Federal Judge Says

MIAMI - A police expert may not testify to the nature and extent of plaintiffs' injuries and on the use of force where plaintiffs were completely under a train car when apprehended by a police dog (K-9), a Florida federal judge ruled July 12 (Humberto Pellegrino and Pedro Claveria v. Gerald Wengert, et al., No. 15-60535, S.D. Fla.; 2016 U.S. Dist. LEXIS 90178).

Mealey's PI/Product Liability - Florida Jury Returns Defense Verdict In CertainTeed Asbestos Pipe Case

SEBRING, Fla. - A Florida jury on July 7 returned a defense verdict for CertainTeed Corp. on claims that a man's fatal mesothelioma arose from exposure to the company's asbestos-containing pipe, sources told Mealey Publications (Mark V. Mclean, Michael Fitch, Lisa Sherman, and James Archie Bennett as Personal Representatives for the Estate of Leonard C. Smith, III, v. Bird & Son, Inc., et al., No. 2010CA000905, Fla. Cir., 10th Jud. Cir., Highlands Co.).

Mealey's Toxic Tort/Environmental - Florida Jury Returns Defense Verdict In CertainTeed Asbestos Pipe Case

SEBRING, Fla. - A Florida jury on July 7 returned a defense verdict for CertainTeed Corp. on claims that a man's fatal mesothelioma arose from exposure to the company's asbestos-containing pipe, sources told Mealey Publications (Mark V. Mclean, Michael Fitch, Lisa Sherman, and James Archie Bennett as Personal Representatives for the Estate of Leonard C. Smith, III, v. Bird & Son, Inc., et al., No. 2010CA000905, Fla. Cir., 10th Jud. Cir., Highlands Co.).

Mealey's Insurance - Florida Panel Reverses Ruling In Part In Sinkhole Coverage Dispute

LAKELAND, Fla. - A Florida appeals panel held July 6 that a lower court erred in awarding $233,610.02 in damages payable directly to insureds without regard for an insurance policy's loss settlement provision as to subsurface repair, reversing the lower court's ruling in part (Citizens Property Insurance Corp. v. James Stieben, et al., No. 2D14-4412, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 10296).

Mealey's IP/Tech - Federal Circuit Affirms Injunction, Wait Period To Market Biosimilar Drug

WASHINGTON, D.C. - A Florida federal judge properly awarded Amgen Inc. a preliminary injunction barring Apotex Inc. from entering the market for 180 days after receiving a requested license from the U.S. Food and Drug Administration for a biosimilar product, the Federal Circuit U.S. Court of Appeals ruled July 5 (Amgen Inc. v. Apotex Inc., No. 16-1308, Fed. Cir.; 2016 U.S. App. LEXIS 12353).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $68,300 In Punitives To Engle Progeny Plaintiff

JACKSONVILLE, Fla. - A state jury in Florida on July 6 awarded the estate of a woman who died from lung cancer caused by smoking cigarettes made by R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. $68,300 in punitive damages, bringing the total award to $133,300 (Michael Sermons v. R.J. Reynolds Tobacco Co., et al., No. 2008-CA-000397, Fla. 4th Jud. Cir., Duval Co.).

Mealey's IP/Tech - 4 Questions Certified To Florida Supreme Court In Sirius Copyright Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 29 directed the Supreme Court of Florida to address the question of whether the state "recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive right of public performance" (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 15-13100, 11th Cir.; 2016 U.S. App. LEXIS 11860).

Mealey's Insurance - Florida Panel Reverses Ruling In Part In Coverage Dispute Over Sinkhole Damage

LAKELAND, Fla. - A Florida appeals panel on June 24 reversed part of a lower court's final judgment that requires an insurer to pay $100,000 for subsurface repairs of sinkhole damage before its insureds execute a contract with a third party for those repairs, also reversing the lower court's award of prejudgment interest on the subsurface damages award (Citizens Property Insurance Corp. v. Edgardo Nunez, et al., No. 2D14-3712, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 9693).

Mealey's Insurance - 11th Circuit: Clinics Can Be Liable For Director's Failure To Review Bills

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on June 23 affirmed a jury's verdict finding that three clinics can be ordered to pay Allstate Insurance Co., Allstate Indemnity Co., Allstate Property & Casualty Insurance Co. and Allstate Vehicle & Property Insurance Co. (collectively Allstate) for unjust enrichment, holding that the clinics can be found liable for violating Florida's Health Care Clinic Act for the medical director's failure to systematically review bills (Allstate Insurance Company, et al. v. Sara C. Vizcay, M.D., et al., No. 14-13947, 11th Cir.; 2016 U.S. App. LEXIS 11479).

Mealey's Litigation Procedure - Florida Federal Judge OKs Preliminary Settlement Of Harvoni Drug Coverage Suit

FORT PIERCE, Fla. - A Florida federal judge on June 21 approved an unopposed motion for preliminary approval of a settlement worth at least $126 million in an Employee Retirement Income Security Act class action against Blue Cross and Blue Shield of Florida Inc. on behalf of patients denied coverage for the prescription drug Harvoni (Eugene Oakes, et al. v. Blue Cross and Blue Shield of Florida Inc., No. 16-80028, SD. Fla.).

Mealey's Labor & Employment - Florida Federal Judge OKs Preliminary Settlement Of Harvoni Drug Coverage Suit

FORT PIERCE, Fla. - A Florida federal judge on June 21 approved an unopposed motion for preliminary approval of a settlement worth at least $126 million in an Employee Retirement Income Security Act class action against Blue Cross and Blue Shield of Florida Inc. on behalf of patients denied coverage for the prescription drug Harvoni (Eugene Oakes, et al. v. Blue Cross and Blue Shield of Florida Inc., No. 16-80028, SD. Fla.).

Mealey's Toxic Tort/Environmental - Florida Jury Finds Smoking Not Cause Of Engle Progeny Plaintiff's Death

MIAMI - A Florida jury on June 21 found that R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. were not responsible for the death of a woman whose husband and daughter claimed that she died from smoking cigarettes made by both companies (Leisa Mooney, et al. v. Philip Morris USA Inc., et al., No. 2011-CA-40815, Fla. Cir., 11th Jud. Cir., Dade Co.).

Mealey's Insurance - Florida Panel Again Reverses Ruling As To Subsurface Repairs In Sinkhole Dispute

LAKELAND, Fla. - For the second time in a week, the Second District Florida Court of Appeal on June 17 held that a lower court erred in awarding monetary damages to insureds for subsurface repairs in a sinkhole coverage dispute without requiring them to enter into a contract for the repairs, reversing in part (Citizens Property Insurance Corp. v. Bambi Retz, No. 2D14-5856, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 9345).

Mealey's IP/Tech - 11th Circuit Affirms: Jury Verdict In Copyright Case Was Unsupportable

ATLANTA - A Florida federal judge did not err in granting judgment notwithstanding a jury's verdict of copyright infringement, the 11th Circuit U.S. Court of Appeals ruled June 17 in a dispute over an architectural floor plan (Home Design Services Inc. v. Turner Heritage Homes Inc. et al., No. 15-11912, 11th Cir.; 2016 U.S. App. LEXIS 10962).

Mealey's Insurance - Appeals Court Finds Couple's Misrepresentation Over Fire Alarm Warrants Reversal

MIAMI - A Florida appellate panel on June 15 overturned a judgment awarded to a couple following a nonjury trial, finding that their failure to inform their insurance company that their home did not have a central monitoring system for smoke, temperature and burglary was a material misrepresentation (Certain Underwriters at Lloyd's London v. Raul Jimenez, et al., No. 3D15-54, Fla. App., 3rd Dist.; 2016 Fla. App. LEXIS 9231).

Mealey's Labor & Employment - Florida Federal Judge Refuses To Dismiss Civil Rights Claims

TAMPA, Fla. - A Florida federal judge on June 15 denied hotel franchisors' motion to dismiss a second amended complaint alleging that they subjected African-American employees to racially discriminatory and harassing treatment (Gwendolyn Miller, et al. v. Stickbay Inc., et al., No. 8:15-cv-2040, M.D. Fla.; 2016 U.S. Dist. LEXIS 77925).

Mealey's Health Law - Durable Medical Equipment Provider Sentenced For Medicare Fraud Scheme

TAMPA, Fla - The owner of a company that provided durable medical equipment was sentenced by a federal judge in Florida on June 13 to 37 months in prison and ordered to pay $$918,402 in restitution for his role in a $2.5 million Medicare fraud scheme (United States of America v. Ubert G. Rodriguez, No. 13cr372, M.D. Fla.).

Mealey's IP/Tech - Florida Federal Judge Issues Final Judgment, Awards $46 Million In Patent Case

MIAMI - Two weeks after a jury deemed that 10 claims of two patents were willfully infringed, a Florida federal judge on June 13 issued a final judgment, awarding the prevailing plaintiff $46.6 million in enhanced, compensatory damages (Arctic Cat Inc. v. Bombardier Recreation Products Inc., et al., No. 14-62369, S.D. Fla.).

Mealey's Insurance - Durable Medical Equipment Provider Sentenced For Medicare Fraud Scheme

TAMPA, Fla - The owner of a company that provided durable medical equipment was sentenced by a federal judge in Florida on June 13 to 37 months in prison and ordered to pay $$918,402 in restitution for his role in a $2.5 million Medicare fraud scheme (United States of America v. Ubert G. Rodriguez, No. 13cr372, M.D. Fla.).

Mealey's Insurance - Judge: Jury Instruction In Bad Faith Suit Fails To Show Required Presumption

ORLANDO, Fla. - A federal judge in Florida on June 10 issued a memorandum order in an insurance bad faith lawsuit, ruling that his rejection of an insured's proposed jury instruction was proper because the authorities asserted by the insured "do not establish the existence of a 'presumption' under Florida law . . . regarding the possible outcome of settlement efforts" (Douglas Stalley, as Guardian of the Property of Benjamin Edward Hintz, v. Allstate Insurance Co., No. 14-1074, M.D. Fla.; 2016 U.S. Dist. LEXIS 75981).

Mealey's Litigation Procedure - Panel Quashes Order Requiring Insureds To Disclose Financial Terms Of Settlement

LAKELAND, Fla. - A Florida appeals panel on June 10 quashed a lower court's order that required insureds to disclose their financial information regarding their settlement agreement with their homeowners insurer in a sinkhole coverage dispute (Wayne Allen and Susan Allen v. State Farm Florida Insurance Co., No. 2D15-3114, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 8941).

Mealey's Insurance - Panel Quashes Order Requiring Insureds To Disclose Financial Terms Of Settlement

LAKELAND, Fla. - A Florida appeals panel on June 10 quashed a lower court's order that required insureds to disclose their financial information regarding their settlement agreement with their homeowners insurer in a sinkhole coverage dispute (Wayne Allen and Susan Allen v. State Farm Florida Insurance Co., No. 2D15-3114, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 8941).

Mealey's Toxic Tort/Environmental - Florida Supreme Court Holds New Post-Judgment Interest Rate Is Not Retroactive

TALLAHASSEE, Fla. - The Florida Supreme Court on June 9 ruled 5-2 that a tobacco company owes nearly $770,000 in post-judgment interest to an Engle progeny plaintiff because a statute that changed the interest rate was not in place when judgment in the plaintiffs case was originally entered (Lyantie Townsend v. R.J. Reynolds Tobacco Co., No SC15-722, Fla. Sup.; 2016 Fla. Sup. LEXIS 1195).

Mealey's IP/Tech - Florida Federal Judge Denies Fee Award To Both Parties In Trademark Case

TAMPA, Fla. - Assertions of prevailing party status by both a plaintiff and a defendant in a dispute over the "Meth Lab Cleanup" trademark were rejected by a Florida federal judge on June 7, who instead deemed the case "a tie" (Meth Lab Cleanup LLC v. Spaulding Decon LLC, et al., No. 14-3129, M.D. Fla.; 2016 U.S. Dist. LEXIS 74020).

Mealey's Litigation Procedure - Magistrate Judge Strikes Expert's Declaration In Product Fraud Lawsuit

MIAMI - A Florida federal magistrate judge on June 2 struck a declaration from an expert in a fraud and negligent misrepresentation lawsuit with regard to diesel engine generator sets (gensets), finding that the supplemental report was untimely (Companhia Energetica Potiguar v. Caterpillar, Inc., et al., No. 14-24277, S.D. Fla.; 2016 U.S. Dist. LEXIS 72102).