ATLANTA - A Florida federal judge abused his discretion when awarding a prevailing copyright infringement plaintiff just 4.9 percent of the attorney fees and 6.8 percent of the costs it requested in connection with a successful copyright infringement case, the 11th Circuit U.S. Court of Appeals ruled Jan. 24 (Yellow Pages Photos Inc. v. Ziplocal LP, No. 16-11868, 11th Cir.; 2017 U.S. App. LEXIS 1197).
WEST PALM BEACH, Fla. - A declaratory judgment lawsuit filed by a contractor's insurer against excess insurers over denied additional insured coverage for a construction defects claim fails because the insurer failed to allege that its coverage had been exhausted, a Florida federal judge ruled Jan. 20 (Zurich American Insurance Co. v. Amerisure Insurance Co., et al., No. 16-81393, S.D. Fla.; 2017 U.S. Dist. LEXIS 8366).
DAYTONA BEACH, Fla. - Finding that a lower court erred in permitting a plaintiff to argue and present evidence that a doctor breached her duty of care by providing samples of the antibiotic Levaquin to a patient who later died of meningitis, a Florida appeals panel on Jan. 20 reversed the wrongful death medical malpractice dispute and remanded for a new trial (Doctors Company, et al. v. Nancy Plummer, individually and as personal representative of the estate of William Plummer, and on behalf of B.A.P. and L.J.P., minors, No. 5D15-1963, Fla. App., 5th Dist.).
ATLANTA - A decision by a Florida federal judge to award $13,961 in attorney fees under Section 505 of the Copyright Act will stand in light of a Jan. 18 ruling by the 11th Circuit U.S. Court of Appeals (Dan Pronman, et al. v. Brian Styles, et al., No. 16-12157, 11th Cir.; 2017 U.S. App. LEXIS 824).
WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson Inc., No. 15-1766, -1794, Fed. Cir.; 2017 U.S. App. LEXIS 769).
FORT MYERS, Fla. - A Florida federal judge on Jan. 13 entered judgment in favor of an insurer one day after finding that underlying negligent misrepresentation claims against its insured are "for or arising out of or resulting from" the failure of the insured's auction services to conform with a represented quality of performance contained in its advertising (Equipmentfacts LLC v. Beazley Insurance Co., Inc., No: 16-265, M.D. Fla.; 2017 U.S. Dist. LEXIS 4653).
TAMPA, Fla. - The daughter of a woman who died from chronic obstructive pulmonary disorder (COPD) filed suit against three tobacco companies in Florida state court on Jan. 10 pursuant to the Engle findings (Angelia Garrett v. Lorillard Tobacco Co., et al., No. 17-CA-000242, Fla. Cir. Hillsborough Co.).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied a petition for writ of certiorari filed by a Florida corporation asking it to review a decision by the Ninth Circuit U.S. Court of Appeals that reversed a trial court's partial summary judgment ruling for the corporation on claims brought by the Equal Employment Opportunity Commission and the Arizona Civil Rights Division on behalf of a class of female prison workers who allege gender discrimination and harassment, finding that the two agencies sufficiently conciliated their claims (The Geo Group, Inc. v. U.S. Equal Employment Opportunity Commission, et al., No. 16-302, U.S. Sup.; 2017 U.S. LEXIS 294).
TAMPA, Fla. - Experts' testimony that the U.S. Navy issued reasonably precise specifications for private manufacturers to meet sufficiently demonstrates control over the products in question, and Crane Co. need not show that the government would not have permitted additional warnings, a federal judge in Florida said Jan. 9 in denying remand of an asbestos case (Ralph Donson v. Air and Liquid Systems Inc., No. 16-3022, M.D. Fla.).
ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals ruled Jan. 9 that an insurer has no duty to pay an insured's $405,989 in pre-tender legal expenses incurred in defending a copyright infringement lawsuit, affirming a lower court's finding that Florida's claims administration statute (CAS) does not control because the insurer relied on an exclusion and not a coverage defense in its refusal to pay the expenses (EmbroidMe.com, Inc. v. Travelers Property Casualty Company of America, No. 14-10616, 11th Cir.; 2017 U.S. App. LEXIS 368).
TAMPA, Fla. - Because insureds have failed to bring a claim for breach of contract, they have failed to state a claim for bad faith and have violated the particularity requirement pursuant to the Federal Rules of Civil Procedure, a federal judge in Florida ruled Jan. 9 (Fred Fox, et al. v. Starr Indemnity & Liability Co., No. 16-3254, M.D. Fla.; 2017 U.S. Dist. LEXIS 2678).
FORT LAUDERDALE, Fla. - A Florida appellate panel on Jan. 4 found that a trial court erred in not reducing the compensatory award by the comparative fault the jury found in an Engle progeny suit brought by a man whose wife died from lung cancer related to her smoking (R.J. Reynolds Tobacco Co. v. Jan Grossman, No. 4D13-3949, Fla. App., 4th Dist.; 2017 Fla. App. LEXIS 50).
TAMPA, Fla. - Allegations that the owners and operators of the Arabic television service "UlaiTV" committed copyright infringement will proceed in light of a Jan. 3 ruling by a Florida federal judge (DISH Network LLC v. Gaby Fraifer, et al., No. 16-2549, M.D. Fla.; 2017 U.S. Dist. LEXIS 380).
TAMPA, Fla. - Evidence that a company complied with the U.S. Navy's precise specifications for products it ordered from private contractors keeps an asbestos case in federal court, a federal judge in Florida held Dec. 27 (Marc Killam v. Air & Liquid Systems Inc., et al., No. 16-2915, M.D. Fla.; 2016 U.S. Dist. LEXIS 178637).
MIAMI - An insured cannot bring claims against its insurer for bad faith until it has first shown that the insurer breached the terms of its insurance policy with the insured, a federal magistrate judge in Florida ruled Dec. 19 in granting the insurer's motion to abate the insurer's bad faith claims (Katchmore Luhrs LLC v. Allianz Global & Corporate Specialty, No. 15-23420, S.D. Fla.; 2016 U.S. Dist. LEXIS 175004).
WEST PALM BEACH, Fla. - A Florida jury on Dec. 15 awarded $275,000 to a man who had his leg amputated after finding that if a hospital had diagnosed his arterial blockage, the man's leg could have been saved (Stanley Rovner v. West Boca Medical Center, No. 2015-CA-004973, Fla. 15th Jud. Cir. Palm Beach Co.).
TAMPA, Fla. - The Securities and Exchange Commission has properly pleaded a material misrepresentation or omission in claiming that the former chief financial officer (CFO) of a petroleum storage and sales company withheld information from investors regarding, inter alia, the storage capacity of tanks at the company's three facilities in violation of federal securities laws, a federal judge in Florida ruled Dec. 9 in denying the CFO's motion to dismiss the complaint in its entirety (Securities and Exchange Commission v. Michael P. Toups, et al., No. 16-1798, M.D. Fla.; 2016 U.S. Dist. LEXIS 171478).
ORLANDO, Fla. - Walt Disney Parks and Resorts U.S. Inc. discriminated against approximately 250 employees when it terminated them and replaced them with workers from India, more than two dozen of the former employees allege in a class complaint filed Dec. 12 in the U.S. District Court for the Middle District of Florida (Leonardo Perrero, et al. v. Walt Disney Parks and Resorts U.S., Inc., No. 16-2144, M.D. Fla.).