LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Declines To Dismiss Bad Faith Claims Against Insurer In Indemnity Case

TAMPA, Fla. - A Florida federal judge on Aug. 12 declined to dismiss an insured's bad faith for failure to settle and bad faith refusal to indemnify against a commercial liability insurer regarding its duty to indemnify a settlement of an underlying construction defects case (MI Windows & Doors LLC f/k/a MI Windows & Doors Inc. and MI Home Products Inc. v. Liberty Mutual Fire Insurance Co., No. 14-3139, M.D. Fla.; 2015 U.S. Dist. LEXIS 106108).

Mealey's IP/Tech - Florida Federal Judge Invalidates Financial Patents Under Section 101

JACKSONVILLE, Fla. - A patent infringement defendant won summary judgment on Aug. 10, when a Florida federal judge agreed that patents asserted in the case claim ineligible subject matter in light of the U.S. Supreme Court's holdings in Mayo Collaborative Servs. v. Prometheus Labs Inc. (132 S. Ct. 1289 [2012]) and Alice Corp. Pty. Ltd. v. CLS Bank International (134 S. Ct. 2357 [2014]) (Joao Bock Transaction Systems LLC v. Fidelity National Information Services Inc., No. 13-223, M.D. Fla.; 2015 U.S. Dist. LEXIS 104519).

Mealey's Antitrust/Unfair Competition - 11th Circuit: Contributory False Advertising Cognizable Under The Lanham Act

ATLANTA - A Florida federal judge did not err in dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that The Estee Lauder Cos. Inc. violated the Sherman Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (Duty Free Americas Inc. v. The Estee Lauder Companies Inc., No. 14-11853, 11th Cir.; 2015 U.S. App. LEXIS 13837).

Mealey's Insurance - Judge: Insurer Failed To Show Exclusions Applied To Insured's Work

TAMPA, Fla. - An insurer failed to establish that exclusions for "that particular part" of the real property on which the insured is operating at the time of the accident applied to bar coverage for damage that a fire caused to a cell tower, a Florida federal judge ruled Aug. 10 (Essex Insurance Co. v. Kart Construction Inc., et al., No. 14-356, M.D. Fla.; 2015 U.S. Dist. LEXIS 104514).

Mealey's IP/Tech - 11th Circuit: Contributory False Advertising Cognizable Under The Lanham Act

ATLANTA - A Florida federal judge did not err in dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that The Estee Lauder Cos. Inc. violated the Sherman Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (Duty Free Americas Inc. v. The Estee Lauder Companies Inc., No. 14-11853, 11th Cir.; 2015 U.S. App. LEXIS 13837).

Mealey's PI/Product Liability - Florida Jury Adds $800,000 In Punitives To $1 Million Award To Estate Of Longtime Smoker

FORT LAUDERDALE, Fla. - A Florida state court jury on Aug. 7 awarded $800,000 in punitive damages to the estate of a woman who developed chronic obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking (Lillian Kaplan v. R.J. Reynolds Tobacco Co., No. 08-19469, Fla. 17th Jud. Cir., Broward Co.).

Mealey's PI/Product Liability - Florida Jury Awards $1 Million To Estate Of Longtime Smoker Who Died Of Lung Cancer

FORT LAUDERDALE, Fla. - A state court jury awarded $1,028,000 Aug. 7 to the estate of a woman who developed constructive obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking (Lillian Kaplan v. R.J. Reynolds Tobacco Co., No. 08-19469, Fla. 17th Jud. Cir., Broward Co.).

Mealey's PI/Product Liability - Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification

MIAMI - Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question (Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp., No. 2014-CA-022141, Fla. Cir., 11th Jud. Cir.).

Mealey's Toxic Tort/Environmental - Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification

MIAMI - Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question (Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp., No. 2014-CA-022141, Fla. Cir., 11th Jud. Cir.).

Mealey's PI/Product Liability - Judge Denies Motion To Amend Judgment In Suit Over Roofing Adhesive

FORT LAUDERDALE, Fla.- A federal judge in Florida on Aug. 3 denied a plaintiff company's motion to alter a summary judgment award to the maker of allegedly defective roofing adhesive, after the judge overruled the plaintiff's argument that it did not need expert testimony to support its allegations (Thermoset Corporation v. Building Materials Corporation of America, et al., No. 14-60268-CIV-COHEN-SELTZER, S.D. Fla.).

Mealey's PI/Product Liability - Florida Federal Judge Recommends Terminating Accutane MDL

TAMPA, Fla. - A Florida federal judge on Aug. 4 recommended that the 11-year-old Accutane multidistrict litigation be terminated (In Re: Accutane Products Liability Litigation, MDL Docket No. 1626, No. 04-md-2523, M.D. Fla., Tampa Div.).

Mealey's IP/Tech - 11th Circuit Affirms Dismissal Of Copyright Infringement Claims

ATLANTA - A Florida federal magistrate judge's decision to deny a pro se copyright infringement plaintiff's motion for default judgment was affirmed by the 11th Circuit U.S. Court of Appeals on Aug. 4 (Angela Singleton v. Gayle Eutsey Dean, No. 15-10517, 11th Cir.; 2015 U.S. App. LEXIS 13558).

Mealey's Litigation Procedure - Judge Refuses To Recognize Bolivian Court Ruling, Finds Dispute Must Be Arbitrated

MIAMI - A Florida federal judge on July 31 refused to recognize a Bolivian court judgment in favor of a car dealership, finding that the parties agreed to arbitrate all disputes under a global importer dealer sales agreement (Automotores Galindo, S.A. v. Ford Motor Co., No. 13-CV-23285, S.D. Fla.; 2015 U.S. Dist. LEXIS 100259).

Mealey's IP/Tech - 11th Circuit Affirms Judgment, Damages Award In Copyright Case

ATLANTA - Finding no error in a Florida federal judge's decision to uphold a jury's award in favor of a copyright infringement plaintiff, the 11th Circuit U.S. Court of Appeals on July 30 affirmed in a dispute over photographs designed for use in phone books (Yellow Pages Photos Inc. v. Ziplocal LP, et al., Nos. 14-13355, 14-13401, 11th Cir.; 2015 U.S. App. LEXIS 13297).

Mealey's IP/Tech - Federal Circuit Partly Affirms JMOL Holdings In Patent Dispute

WASHINGTON, D.C. - A Florida federal judge's decision to grant Qualcomm Inc. judgment as a matter of law (JMOL) that it did not infringe four patents was affirmed by the Federal Circuit U.S. Court of Appeals on July 31 (ParkerVision Inc. v. Qualcomm Inc., Nos. 14-1612, -1655, Fed. Cir.).

Mealey's PI/Product Liability - Florida Jury Awards $11 Million To Former Smoker With COPD

JACKSONVILLE, Fla. - A Florida state court jury on Aug. 3 awarded $3.2 million in punitive damages to a woman who alleged that her years of smoking caused her to develop chronic obstructive pulmonary disease (COPD) that resulted in two lung transplants (Elaine Jordan v. Philip Morris USA Inc., No. 2013-CA-008903, Fla. Cir., 4th Jud. Cir., Duval Co.).

Mealey's Toxic Tort/Environmental - Florida Jury Returns Defense Verdict For 2 In Asbestos-Friction Parts Case

MIAMI - A Florida jury on Aug. 3 returned a defense verdict for two companies accused of exposing a mechanic to asbestos (Pablo Gonzalez v. Caterpillar Inc., et al., No. 2013-CA-031838, Fla. Cir., 11th Jud. Cir., Dade Co.).

Mealey's PI/Product Liability - Interest-Rate Change Applies To Pending Ruling, Tobacco Company Tells Fla. Court

TALLAHASSEE, Fla - An amendment to the Florida interest-rate statute is applicable to a judgment existing at the time of its passage, including an Engle-progeny case that resulted in an award of more than $25 million, R.J. Reynolds Tobacco Co. argues in a brief filed July 31 with the Florida Supreme Court (Lyantie Townsend, etc. v. R.J. Reynolds Tobacco Co., No. SC15-722, Fla. Sup.).

Mealey's PI/Product Liability - Trial Court Erred In Not Applying Comparative Fault, Florida Appeals Court Rules

DAYTONA BEACH, Fla. - A Florida judge erred in failing to apply the doctrine of comparative fault in the trial of a suit that resulted in a $12.55 million verdict for a smoker with chronic obstructive pulmonary disease (COPD), the Fifth District Court of Appeal ruled July 31 (Philip Morris USA Inc. v. Lauren Green, et al., No. 5D13-3758, Fla. App., 5th Dist.).

Mealey's PI/Product Liability - Florida Jury Returns Defense Verdict In COPD, Lung Cancer Case

VERO BEACH, Fla. - A state court jury returned a defense verdict on July 30 in a suit alleging that a woman's lung cancer and chronic obstructive pulmonary disease (COPD) were caused by her 50 years of smoking (Fannie Collar v. R.J. Reynolds Tobacco Co., et al., No. 2011CA000115, Fla. Cir., 19th Jud. Dist., Indian River Co.).

Mealey's Insurance - Insurer Sufficiently Pleaded Equitable Subrogation, Indemnity Claims, Panel Says

DAYTONA BEACH, Fla. - An insurer's sufficiently asserted third-party claims for equitable subrogation and common-law indemnity against a contractor for its alleged negligent role in water damage to insureds, a Florida appeals panel ruled July 31, also finding that the insurer should have been allowed to amend its negligence claim (Florida Peninsula Insurance Co. v. Ken Mullen Plumbing Inc., et al., No. 5D14-3480, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 11572).

Mealey's Toxic Tort/Environmental - Judge Awards Summary Judgment To EPA Administrator Sua Sponte

TAMPA, Fla. - A federal judge in Florida on July 28 awarded summary judgment sua sponte to the administrator of the U.S. Environmental Protection Agency after finding that a woman and the Florida Wildlife Federation were unable to explain why the agency's delay in making a necessity determination or providing an adequate explanation for denying their petition seeking revisions to the Florida Department of Environmental Protection's (FDEP) anti-degradation water quality standards was unreasonable (Florida Wildlife Federation v. Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, et al., No. 14-cv-3204, M.D. Fla.; 2015 U.S. Dist. LEXIS 98384).

Mealey's Banking & Finance - Federal Judge Dismisses RESPA And Damages Claims, Grants Leave To Amend

WEST PALM BEACH, Fla. - A Florida federal judge on July 27 found that a borrower's claims for violation of the Real Estate Settlement Procedures Act (RESPA) were valid but that her damages claims failed and that the case should be dismissed with leave to replead (Elina Zaychick v. Bank of America, N.A., No. 9:15-CV-80336, S.D. Fla.; 2015 U.S. LEXIS 97514).

Mealey's PI/Product Liability - Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer

FORT LAUDERDALE, Fla. - Trial got under way with opening statements on July 22 in a suit alleging that a woman's death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. (Lillian Kaplan v. R.J. Reynolds Tobacco Co., No. 08-19469, Fla. 17th Jud. Cir., Broward Co.).

Mealey's Toxic Tort/Environmental - Florida Agency Says It Should Be Dropped From Volatile Organic Compounds Case

FORT MYERS, Fla. - The Florida Department of Environmental Protection (FDEP) on July 21 filed a brief in Florida federal court opposing a farm trust's motion seeking to correct its second amended complaint in a lawsuit in which it alleges that a group of chemical companies contaminated the trust's property with volatile organic compounds (Noel D. Clark Jr., et al. v. Ashland Inc., No. 13-794, M.D. Fla.).