LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Expert Cannot Testify On Saw Manufacturer's Flesh-Detection Technology

ORLANDO, Fla. - An expert has not demonstrated any reliable basis on which he can opine on how long it would take for a saw manufacturer to incorporate flesh-detection technology into a consumer-ready benchtop table saw, a Florida federal judge ruled Sept. 3, excluding in part the expert's testimony (Erik Bruskotter v. Robert Bosch Tool Corp., No. 13-1841, M.D. Fla.; 2015 U.S. Dist. LEXIS 117664).

Mealey's Litigation Procedure - Judge: Expert Cannot Testify On Saw Manufacturer's Flesh-Detection Technology

ORLANDO, Fla. - An expert has not demonstrated any reliable basis on which he can opine on how long it would take for a saw manufacturer to incorporate flesh-detection technology into a consumer-ready benchtop table saw, a Florida federal judge ruled Sept. 3, excluding in part the expert's testimony (Erik Bruskotter v. Robert Bosch Tool Corp., No. 13-1841, M.D. Fla.; 2015 U.S. Dist. LEXIS 117664).

Mealey's Insurance - Florida Judge Says Partial Default Judgment Against Insurer Is Appropriate

JACKSONVILLE, Fla. - A partial default judgment entered against an insurer on an insured's bad faith claim in an environmental contamination coverage suit is an appropriate sanction because the insurer failed to produce requested documents until almost two years later, a Florida federal judge said Sept. 2 (First Coast Energy LLP v. Mid-Continent Casualty Co., No. 12-281, M.D. Fla.; 2015 U.S. Dist. LEXIS 117120).

Mealey's IP/Tech - Florida Federal Judge Slammed For Exercising Supplemental Jurisdiction

ATLANTA - In what it deemed an "extraordinary case predicated upon extraordinary legal theories," the 11th Circuit U.S. Court of Appeals on Sept. 3 found that a Florida federal judge abused her discretion in retaining supplemental jurisdiction over various state law claims after entering a consent decree mooting a federal false advertising claim (Ameritox Ltd. v. Millennium Laboratories Inc., No. 14-14281, 11th Cir.; 2015 U.S. App. LEXIS 15664.).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $750,000 To Deceased Smoker's Husband Against R.J. Reynolds

CITY ISLAND, Fla. - A jury in Florida on Aug. 31 awarded $750,000 to a man who sued R.J. Reynolds Tobacco Co. (RJR) alleging that the company was liable for the death of his wife because her addiction to cigarettes made by the company was the cause of her lung cancer. The jury found the company 25 percent liable (James Lewis, as the representative of the Estate of Rosemary Lewis v. R.J. Reynolds Tobacco Company, No. 2009 30058 CIC, Fla. Cir., 7th Jud. Cir.).

Mealey's PI/Product Liability - Florida Court Grants Petition, Finds Claim Arose Out Of Medical Care

TALLAHASSEE, Fla. - In a majority ruling, a Florida appeals court on Aug. 28 granted a psychiatric hospital's petition for writ of certiorari of a trial court's decision to dismiss an estate's case against it, finding that the estate's allegations, which were related to the death of a patient, constituted an ordinary negligence claim (Shands Teaching Hospital and Clinics Inc., d/b/a Shands Vista v. The Estate of Ashley Lawson, by and through John Mark Lawson, No. 1D14-4675, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 12951).

Mealey's Litigation Procedure - Federal Judge Compels Arbitration Of Cruise Line Worker's Injury-Related Claims

MIAMI - A Florida federal judge on Aug. 31 granted a cruise line's motion to compel arbitration of a worker's injury-related claims, finding that the cruise line believed that it had already resolved his claims and that it did not waive its right to compel arbitration of the dispute (Gary Smith v. NCL Bahamas Ltd., dba Norwegian Cruise Lines, No. 15-22373, S.D. Fla.; 2015 U.S. Dist. LEXIS 115456).

Mealey's Banking & Finance - Judge Affirms Dismissal Of TILA And Other Claims Against Banks As Barred

MIAMI - A Florida federal judge on Aug. 25 rejected objections submitted by former property owners to a foreclosure, finding that their monetary damage claims under the Truth In Lending Act (TILA) were time-barred or barred by a state court foreclosure judgment (Mayra E. Farias, et al. v. U.S. Bank National Association, et al., No. 15-21827, S.D. Fla.; 2015 U.S. Dist. LEXIS 112528).

Mealey's Banking & Finance - Federal Judge Finds Foreclosure-Related Claims Lack Specificity

TAMPA, Fla. - After finding that a borrower's complaint lacked detail on the actual underlying mortgage transaction and that she failed to specify what claims she was asserting against the defendants in the case, a Florida federal judge on Aug. 26 dismissed the case in its entirety (James M. Sims, et al. v. Nation Star Mortgage, et al., No. 8:15-cv-1706, M.D. Fla.; 2015 U.S. Dist. LEXIS 113143).

Mealey's Toxic Tort/Environmental - Judge: 3rd Amended Complaint Renders Motions To Dismiss Moot In VOC Lawsuit

FORT MYERS, Fla. - A federal judge in Florida on Aug. 25 denied a series of motions to dismiss the second amended complaint filed by a farm trust that contends that a group of chemical companies contaminated its property with volatile organic compounds on grounds that the motions were rendered moot by the fact that the plaintiffs had filed a third amended complaint (Noel D. Clark Jr., et al. v. Ashland Inc., No. 13-794, M.D. Fla.).

Mealey's PI/Product Liability - Appellate Panel Reverses; Wrongful Death Tobacco Case Dismissed Improperly

WEST PALM BEACH, Fla. - An appeals court in Florida on Aug. 19 reversed a trial court decision and ruled that a plaintiffs' wrongful death case against tobacco companies was improperly dismissed because the statute of limitations did not bar the action (Diana Pappas, as personal representative of the Estate of Mina Pappas, v. R.J. Reynolds Tobacco Company, et al. No. 4D13-4600, Fla. App., 4th Dist.; Fla. App. LEXIS 12480).

Mealey's Litigation Procedure - Florida Federal Judge Tosses Minute Maid Juice Labeling Claims

TALLAHASSEE, Fla. - A Florida federal judge on Aug. 13 dismissed with prejudice a class complaint filed by two consumers alleging misleading juice labeling, finding the plaintiffs' state law claims preempted by federal law (Andrew E. Stansfield, et al. v. The Minute Maid Company, et al., No. 14-290, N.D. Fla.; 2015 U.S. Dist. LEXIS 106656).

Mealey's PI/Product Liability - Florida Jury Awards $17 Million For Man's Bystander Exposure To Drywall Compound

MIAMI - A Florida jury on Aug. 13 awarded $17 million to a man who suffered bystander exposure to asbestos in joint compound while supervising painting work in Saudi Arabia, while finding one of the two remaining defendants 55 percent liable, sources told Mealey Publications (Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp., No. 2014-CA-022141, Fla. Cir., 11th Jud. Cir.).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $17 Million For Man's Bystander Exposure To Drywall Compound

MIAMI - A Florida jury on Aug. 13 awarded $17 million to a man who suffered bystander exposure to asbestos in joint compound while supervising painting work in Saudi Arabia, while finding one of the two remaining defendants 55 percent liable, sources told Mealey Publications (Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp., No. 2014-CA-022141, Fla. Cir., 11th Jud. Cir.).

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.).