LexisNexis® Legal Newsroom
Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Again Rejects Claim Constructions

WASHINGTON, D.C. - Despite a decision by the U.S. Supreme Court to vacate and remand an earlier reversal by the Federal Circuit U.S. Court of Appeals of a Florida federal judge's claim construction in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (135 S. Ct. 831 [2015]), the Federal Circuit on June 2 held firm, again rejecting the constructions (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 13-1409, Fed. Cir.).

Mealey's IP/Tech - Judge Excludes Testimony By Damages Expert In Suit Over Bra Patents

FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).

Mealey's PI/Product Liability - Florida Jury Hears Openings In Suit Tying COPD Death To 50 Years Of Smoking

MIAMI - Trial got under way in state court on June 4 in a suit alleging that a Florida man's death from chronic obstructive pulmonary disease (COPD) was caused by his addiction to cigarettes (Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al., No. 07-46973-CA-22, Fla. 11th Jud. Cir., Miami-Dade Co.).

Mealey's Insurance - Judge: Insurer Did Not Breach Policy In Denying Coverage For Fungus Loss

TAMPA, Fla. - An insurer did not breach its policy by denying coverage for an insured's damages caused by fungus, rot, rain, decay and termites eating wood, a Florida federal judge ruled June 3 (N.P.V. Realty Corp. d/b/a Park Place Apartments v. Nationwide Mutual Insurance Co. and Nationwide Mutual Fire Insurance Co., No. 14-03235, M.D. Fla.; 2015 U.S. Dist. LEXIS 71744).

Mealey's Litigation Procedure - Judge Excludes Testimony By Damages Expert In Suit Over Bra Patents

FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).

Mealey's IP/Tech - Federal Judge: Facts Issues Preclude Summary Judgment As To The Estoppel Theory

TAMPA, Fla. - A Florida federal judge on June 1 held that there are material issues of fact to be determined by a trier of fact regarding whether an insurer is estopped from denying coverage for underlying copyright infringement claims brought against a designer of pre-drawn home plans (State National Insurance Company Inc. v. Highland Holdings Inc., et al., No. 8:14-cv-00524, M.D. Fla.; 2015 U.S. Dist. LEXIS 70616).

Mealey's Insurance - Federal Judge: Facts Issues Preclude Summary Judgment As To The Estoppel Theory

TAMPA, Fla. - A Florida federal judge on June 1 held that there are material issues of fact to be determined by a trier of fact regarding whether an insurer is estopped from denying coverage for underlying copyright infringement claims brought against a designer of pre-drawn home plans (State National Insurance Company Inc. v. Highland Holdings Inc., et al., No. 8:14-cv-00524, M.D. Fla.; 2015 U.S. Dist. LEXIS 70616).

Mealey's Insurance - Breach Of Fiduciary Duty Claim Duplicative Of Bad Faith Claim, Judge Rules

ORLANDO, Fla. - A federal judge in Florida on May 29 granted in part and denied in part an insurer's motion to dismiss claims in an insurance bad faith lawsuit, ruling that insureds' breach of fiduciary duty claim is duplicative of their bad faith claim, but that their breach of contract claim is not (Ryan J. Padilla, et al. v. The Travelers Home and Marine Insurance Co., No. 14-1770, M.D. Fla.; 2015 U.S. Dist. LEXIS 69961).

Mealey's IP/Tech - Patent Claims Against Movie Studios Dismissed By Florida Federal Judge

MIAMI - A Florida federal judge on June 1 agreed with two declaratory judgment patent infringement plaintiffs that a defendant's counterclaims of patent infringement fail to demonstrate sufficient intent or knowledge of the patents in suit (Twentieth Century Fox Home Entertainment LLC v. Nissim Corp., No. 14-81349; Paramount Pictures Corp. v. Nissim Corp., No. 14-81350, S.D. Fla.; 2015 U.S. Dist. LEXIS 70467).

Mealey's PI/Product Liability - Florida Jury Says Smoker Not Addicted, Returns Defense Verdict

PENSACOLA, Fla. - A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking (Ethel Gray, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2013 CA 002813. Fla. Dist., 1st Dist., Escambia Co.).

Mealey's IP/Tech - Most Expert Testimony On Bra Patents, Damages Allowed By Judge

FORT MYERS, Fla. - A Florida federal judge on May 24 declined to exclude the testimony of a patent validity expert but limited the testimony of a damages expert so that taxes are not deducted from an accused infringer's gross profit margin, finding that if there is infringement, it is more equitable for the patent holder to receive any windfall that may occur by not deducting the taxes paid (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 67394).

Mealey's IP/Tech - Fox News Can't Dodge Defamation Suit Over Viral Beach Video

ORLANDO, Fla. - Two Florida women have sufficiently alleged defamation against Fox News Networks LLC related to its airing of a video clip of the women on television and posting of it online, a Florida federal judge ruled May 21, denying the network's motion to dismiss (Kathleen M. Duffy, et al. v. Fox News Networks LLC, No. 6:14-cv-01545, M.D. Fla.; 2015 U.S. Dist. LEXIS 66534).

Mealey's Litigation Procedure - Most Expert Testimony On Bra Patents, Damages Allowed By Judge

FORT MYERS, Fla. - A Florida federal judge on May 24 declined to exclude the testimony of a patent validity expert but limited the testimony of a damages expert so that taxes are not deducted from an accused infringer's gross profit margin, finding that if there is infringement, it is more equitable for the patent holder to receive any windfall that may occur by not deducting the taxes paid (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 67394).

Mealey's Insurance - Florida Panel Reverses 'Prompt' Notice, Prejudice Issues In Wilma Coverage Suit

MIAMI - A Florida appeals panel on May 20 reversed and remanded the issues of whether an insured failed to provide "prompt" notice of her Hurricane Wilma claim and whether the insurer was prejudiced by the purported late notice in a breach of contract dispute (Edie Laquer v. Citizens Property Insurance Corp., Nos. 3D13-1115, 3D14-34, Fla., App., 3rd Dist.; 2015 Fla. App. LEXIS 7570).

Mealey's Insurance - Jury Finds Title Insurer Breached Policy, Awards $4.45 Million To Developer

PALM BEACH, Fla. - A title insurer breached its policy by failing to catch title defects that ended land sales, a Florida state jury found May 19, awarding $4.45 million to a hotel developer in the Bahamas for damages it suffered by the breach (Governor's Harbour Resort and Marina Ltd. v. First American Title Insurance Co., No. 502010CA027629XXXX MB AI, Fla. Cir., Palm Beach Co., 15th Jud. Cir.).

Mealey's Insurance - Florida High Court: Statutory Immunity Shields Insurer From Bad Faith Claim

TALLAHASSEE, Fla. - The Florida Supreme Court on May 14 found that a first-party bad faith cause of action under Section 624.155(1)(b), Florida Statutes, does not fall under the willful tort exception to the immunity granted to a nonprofit insurer by the Florida Legislature, quashing an appellate court's ruling in favor of the insured and answering a certified question in the affirmative in a coverage dispute arising from Hurricane Ivan (Citizens Property Insurance Corp. v. Perdido Sun Condominium Association Inc., etc., No. SC14-185, Fla. Sup.; 2015 Fla. LEXIS 1053).

Mealey's PI/Product Liability - CVS Pays $22M For Controlled Drug Violations At 2 Florida Pharmacies

TAMPA, Fla. - CVS Health Corp. will pay a $22 million civil penalty to resolve federal allegations that two of its pharmacies in Sanford, Fla., distributed controlled substances on the basis of illegitimate prescriptions, the government and company announced May 13.

Mealey's PI/Product Liability - Smoker Not Entitled To New Trial, Tobacco Company Tells Florida Federal Court

JACKSONVILLE, Fla. - A smoker who is seeking a new trial after a jury found her suit barred by the statute of limitations is asking the court "to undertake the role of a tenth juror," R.J. Reynolds Tobacco Co. argues in a brief filed May 13 in the U.S. District Court for the Middle District of Florida (Karen Lennox v. R.J. Reynolds Tobacco Co., et al., No 3:09-cv-13744, M.D. Fla.).

Mealey's Toxic Tort/Environmental - Florida Court Accepts Proposal Distributing Engle Settlement Funds

JACKSONVILLE, Fla. - The coordinating judge in the federal Engle cases pending in the U.S. District Court for the Southern District of Florida on May 11 approved a plan for distributing $100 million in settlement funds to plaintiffs in more than 400 cases (In re Engle Cases, No. 3:09-10000, M.D. Fla.).

Mealey's Insurance - Florida Federal Judge Denies Insurer's Motion, Says Coverage May Exist

FORT LAUDERDALE, Fla. - A Florida federal judge on May 11 denied an insurer's motion for summary judgment after determining that a policy's endorsement for injuries arising from the aerial application of chemicals provides coverage for underlying claims stemming from the insured's use of an herbicide (National Union Fire Insurance Company of Pittsburgh, Pa. v. Florida Crystals Corp., et al., No. 14-81134, S.D. Fla.; 2015 U.S. Dist. LEXIS 61308).

Mealey's PI/Product Liability - Florida Court Accepts Proposal Distributing Engle Settlement Funds

JACKSONVILLE, Fla. - The coordinating judge in the federal Engle cases pending in the U.S. District Court for the Southern District of Florida on May 11 approved a plan for distributing $100 million in settlement funds to plaintiffs in more than 400 cases (In re Engle Cases, No. 3:09-10000, M.D. Fla.).

Mealey's Toxic Tort/Environmental - Judge Finds Group's Clean Water Act Suit Against Florida City Untimely

TAMPA, Fla. - An environmental group's lawsuit alleging that the City of North Port, Fla., and three state officials violated the Clean Water Act (CWA) by allowing sand, 55-gallon drums and plastic sheeting to be disposed of at Warm Mineral Springs, a 200-foot-deep pond, was found untimely May 8 by a federal judge in Florida, who ruled that the materials were put there more than five years ago (Friends of Warm Mineral Springs Inc., et al. v. Gina McCarthy, No. 13-cv-3236-T-23TGW, M.D. Fla.; 2015 U.S. Dist. LEXIS 60601).

Mealey's PI/Product Liability - Florida Appeals Court Reinstates Association's Construction Defects Suit

DAYTONA BEACH, Fla. - A Florida appeals panel on May 8 reversed a trial court judge's ruling that a condominium association's construction defects lawsuit was barred by the state's 10-year statute of repose, finding that the statute begins to run when a contract is completed rather than when construction is finished (Cypress Fairway Condominium Association, et al. v. Bergeron Construction Co. Inc., et al., No. 5D13-4102, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 6841).

Mealey's Litigation Procedure - Judge Dismisses Claims Against Bank In Suit Over Force-Placed Insurance Practices

FORT LAUDERDALE, Fla. - A Florida federal judge on May 5 granted a bank's motion to dismiss claims in a class action lawsuit alleging that the bank and insurers colluded to manipulate the force-placed insurance market and artificially inflated the amounts that mortgage borrowers were charged for policy premiums (Wilson, et al. v. EverBank, N.A., et al., No. 14-22264, S.D. Fla.).

Mealey's Banking & Finance - Judge Dismisses Claims Against Bank In Suit Over Force-Placed Insurance Practices

FORT LAUDERDALE, Fla. - A Florida federal judge on May 5 granted a bank's motion to dismiss claims in a class action lawsuit alleging that the bank and insurers colluded to manipulate the force-placed insurance market and artificially inflated the amounts that mortgage borrowers were charged for policy premiums (Wilson, et al. v. EverBank, N.A., et al., No. 14-22264, S.D. Fla.).