LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Florida Appeals Court Says Seminole Tribe Immune From Slip-And-Fall Claim

WEST PALM BEACH, Fla. - The Seminole Tribe of Florida has sovereign immunity from a woman's personal injury claim against the tribe stemming from a slip-and-fall accident at the tribe's casino because the tribe showed that there was no enforceable resolution or ordinance with a waiver of immunity in place in 2009 when the accident happened, a Florida appeals court held July 27 (Seminole Tribe of Florida v. Delores Schinneller, No. 4D15-1704, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 11411).

Mealey's PI/Product Liability - Florida Federal Jury: Aerospace Company Not Negligent In Man's Death

JACKSONVILLE, Fla. - A Florida federal jury on July 26 found that Dexter-Hysol Aerospace LLC and Henkel Corp. did not negligently design an adhesive that was a legal cause of loss, injury or damage to an aviation structural mechanic who was allegedly exposed to asbestos-containing products during his career in the U.S. Navy (Marsha K. Dugas, et al. v. 3M Co., et al., No. 14-1096, M.D. Fla.).

Mealey's Toxic Tort/Environmental - Florida Federal Jury: Aerospace Company Not Negligent In Man's Death

JACKSONVILLE, Fla. - A Florida federal jury on July 26 found that Dexter-Hysol Aerospace LLC and Henkel Corp. did not negligently design an adhesive that was a legal cause of loss, injury or damage to an aviation structural mechanic who was allegedly exposed to asbestos-containing products during his career in the U.S. Navy (Marsha K. Dugas, et al. v. 3M Co., et al., No. 14-1096, M.D. Fla.).

Mealey's PI/Product Liability - Accidental Pistol Discharge Class Suit Is Settled For Millions

MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them to fire unintentionally (Chris P. Carter, et al. v. Forjas Taurus S.A., et al., No. 13-24583, S.D. Fla.; 2016 U.S. Dist. LEXIS 96054).

Mealey's Litigation Procedure - Accidental Pistol Discharge Class Suit Is Settled For Millions

MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them to fire unintentionally (Chris P. Carter, et al. v. Forjas Taurus S.A., et al., No. 13-24583, S.D. Fla.; 2016 U.S. Dist. LEXIS 96054).

Mealey's Insurance - Insurer's Termination Of Benefits Was Not Arbitrary And Capricious, Judge Says

MIAMI - A disability insurer's decision to terminate a claimant's long-term disability benefits was not arbitrary and capricious because the insurer reasonably concluded that the claimant was not precluded from working in "any occupation," a Florida federal judge said July 19 (Armando Mercado v. Federal Express Corp., et al., No. 15-21472, S.D. Fla.; 2016 U.S. Dist. LEXIS 93786).

Mealey's Insurance - Judge Allows Bad Faith Claims In Suit Against Insurer Over Faulty Windows Settlements

TAMPA, Fla. - Window and sliding-glass-door manufacturers may proceed on their "bad-faith failure to settle" and "negligent failure to settle" claims against their insurer for failing to indemnify them for underlying settlements arising out of alleged defective windows, a Florida federal judge ruled July 18 (MI Windows & Doors, LLC, et al. v. Liberty Mutual Fire Insurance Co., No. 14-3139, M.D. Fla.; 2016 U.S. Dist. LEXIS 92973).

Mealey's Toxic Tort/Environmental - Jury Awards $1.5 Million To Widow Of Woman Who Died From Smoking

FORT LAUDERDALE, Fla. - A Florida jury on July 19 awarded the husband of a woman who died from lung cancer $1.5 million in damages against Philip Morris USA Inc. after finding that the woman was addicted to cigarettes and that her addiction was a legal cause of her death (Joseph Varner v. R.J. Reynolds Tobacco Co., et al., No. 2008-CV-026345, 17th Jud. Cir. Broward Co.).

Mealey's Insurance - Florida Panel Affirms Court's Denial Of Insured's Motion For Attorney Fees

LAKELAND, Fla. - A Florida appeals panel on July 15 held that although a lower court denial of insured's motion for attorney fees in a sinkhole coverage dispute was based on two statutory misinterpretations, there is ample basis in the record to affirm (Christopher Shane Miller v. Florida Insurance Guaranty Association Inc., et al., No. 2D15-1350, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 10868).

Mealey's PI/Product Liability - Judge Allows Opinions Challenged As Inadmissible 'Every Exposure' Testimony

MIAMI - Expert testimony challenges from both an asbestos plaintiff and a friction defendant confuse the distinction between admissibility and credibility, a federal judge in Florida said July 11 while also declining to take a third look into whether jurisdiction exists over a different defendant (James John Waite Jr. and Sandra Waite v. AII Acquisition Corp., et al., No. 15-62359, S.D. Fla.).

Mealey's Litigation Procedure - Judge Allows Opinions Challenged As Inadmissible 'Every Exposure' Testimony

MIAMI - Expert testimony challenges from both an asbestos plaintiff and a friction defendant confuse the distinction between admissibility and credibility, a federal judge in Florida said July 11 while also declining to take a third look into whether jurisdiction exists over a different defendant (James John Waite Jr. and Sandra Waite v. AII Acquisition Corp., et al., No. 15-62359, S.D. Fla.).

Mealey's Toxic Tort/Environmental - Judge Allows Opinions Challenged As Inadmissible 'Every Exposure' Testimony

MIAMI - Expert testimony challenges from both an asbestos plaintiff and a friction defendant confuse the distinction between admissibility and credibility, a federal judge in Florida said July 11 while also declining to take a third look into whether jurisdiction exists over a different defendant (James John Waite Jr. and Sandra Waite v. AII Acquisition Corp., et al., No. 15-62359, S.D. Fla.).

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).