LexisNexis® Legal Newsroom
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).

Mealey's Insurance - Insured Failed To Exhaust Administrative Remedy Before Suing Homeowners Insurer

WEST PALM BEACH, Fla. - A Florida appeals panel found June 1 that an insured failed to exhaust available administrative remedies before filing a class action lawsuit alleging that his homeowners insurer violated a Florida statute by improperly collecting a $25 managing general agent (MGA) fee on all of its insurance policies (People's Trust Insurance Co. v. Josef Pesta, No. 4D15-4035, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 8332).

Mealey's Litigation Procedure - Panel: No Error In Exclusion Of Causation Testimony In Products Liability Suit

WEST PALM BEACH, Fla. - A trial judge did not abuse her discretion in excluding a plaintiff's causation testimony in a products liability lawsuit, a Florida appeals panel affirmed June 1 (Simona Bunin v. Matrixx Initiatives, Inc. f/k/a Gumtech International, Inc., et al., Nos. 4D14-3579 & 4D15-86, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 8353).

Mealey's Insurance - Panel Quashes Abatement Order In Insureds' Breach Of Contract Lawsuit

WEST PALM BEACH, Fla. - A trial judge erred in granting an abatement order in a breach of contract lawsuit between insureds and their homeowners insurer, a Florida appeals panel ruled June 1, quashing the order and remanding for further proceedings (Raymond Diaz and Surey Diaz v. Florida Peninsula Insurance Co., No. 4D15-3283, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 8341).

Mealey's Litigation Procedure - ICSID Issues Award, Finds Dispute Over Mining Project Is Time-Barred

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 1 released its award in an arbitration commenced by a Florida company against the Dominican Republic under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), finding that the case was time-barred and that the claimant failed to satisfy the conditions of DR-CAFTA (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).

Mealey's Labor & Employment - Exclusion Bars Employers Liability Coverage For Workplace Injury, Federal Judge Rules

MIAMI - A Florida federal judge held May 28 that because an exclusion bars coverage for an injury sustained by an insured's employee, an insurer has no duty to defend or indemnify the insured against an underlying lawsuit arising from the workplace accident (Everest Reinsurance Co. v. American Guard Services, Inc., et al., No. 15-22404, S.D. Fla.; 2016 U.S. Dist. LEXIS 70212).

Mealey's Insurance - Staffing Company Owner Sentenced To 5 Years In Prison Over Fraud Scheme

MIAMI - A federal judge in Florida on May 31 sentenced the owner of a consulting and medical staffing company to five years in prison and ordered him to pay $2.3 million in restitution for his role in a Medicare fraud scheme (United States of America v. Milka Alvarez, et al., No. 15-cr-20436, S.D. Fla.).