SAN FRANCISCO - A California federal judge on Nov. 20 granted a motion filed by purchasers of devices made by Fitbit Inc. to certify class for violation of California and Florida law in relation to alleged misrepresentations about sleep tracking, but found that a claim for negligent misrepresentation under Florida law must proceed individually (James Brickman, et al. v. Fitbit Inc., No. 3:15-cv-02077, N.D. Calif., 2017 U.S. Dist. LEXIS 191788).
WEST PALM BEACH, Fla. - A Florida appeals panel on Nov. 22 ordered a trial court judge to recalculate the amount of damages a developer must pay as a sanction for civil contempt, holding that the initial amount included attorney fees that did not stem from the developer's failure to send a sufficient representative to court-ordered mediation (Gozzo Development, Inc., et al. v. Anne M. Esker, No. 4D16-3734, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 17574).
WEST PALM BEACH, Fla. - A jury in an Engle progeny suit was unable to come to a verdict in Florida state court and a mistrial was granted in a tobacco suit in which a woman claimed that her mother's lung cancer and death were caused by her addiction to cigarettes made by R.J. Reynolds Tobacco Co. (Julie Adamson v. R.J. Reynolds Tobacco Co., No. 2016CA008532, Fla. 15th Jud. Cir., Palm Beach Co.).
MIAMI - A federal judge in Florida on Nov. 17 adopted a magistrate judge's recommendation to deny dismissal of a lawsuit brought by three environmental groups over discharges from a nuclear power plant's facility, holding that the groups have standing to bring their suit under the Clean Water Act (CWA) (Southern Alliance for Clean Energy, et al. v. Florida Power & Light Company, No. 16-23017-CIV-GAYLES/OTAZA-REYES, S.D. Fla., 2017 U.S. Dist. LEXIS 190504).
WASHINGTON, D.C. - A Florida federal judge's decision to dismiss a patent infringement complaint without prejudice following a plaintiff's delayed efforts to add a co-inventor was upheld by the Federal Circuit U.S. Court of Appeals on Nov. 17 (Cobra International Inc. v. BCNY International Inc., et al., Nos. 16-2103, -2173, -2635, Fed. Cir., 2017 U.S. App. LEXIS 23133).
ORLANDO, Fla. - In an insurance coverage dispute over construction defects, a Florida federal magistrate judge on Nov. 13 denied a developer's request for an extension of deadline on the serving of expert disclosures (WaterMark Construction L.P. v. Southern-Owners Insurance Co., et al., No. 17-1814, M.D. Fla., 2017 U.S. Dist. LEXIS 186765).
TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).
WASHINGTON, D.C. - A Florida federal judge did not err in rejecting allegations by Amgen Inc. and Amgen Manufacturing Limited (Amgen, collectively) that proposed biosimilar versions of two Amgen pegfilgrastim and filgastim products would infringe a patented method of refolding recombinant proteins expressed in non-mammalian cells, the Federal Circuit U.S. Court of Appeals ruled Nov. 13 (Amgen Inc., et al. v. Apotex Inc., et al., No. 17-1010, Fed. Cir., 2017 U.S. App. LEXIS 22638).
TAMPA, Fla. - Most of an expert's opinions on alleged defects in a food blender that overheated, causing burns to a woman, are based on sound methods and are reliable and helpful enough to be admitted, a Florida federal judge held Nov. 7 (Phyllis B. Cerrato, et al. v. Nutribullet, LLC, et al., No. 8:16-cv-3077, M.D. Fla., 2017 U.S. Dist. LEXIS 184220).
FORT LAUDERDALE - A Florida federal judge on Nov. 8 granted Gucci America Inc.'s motion for a preliminary injunction against 75 website operators that the plaintiff said were selling counterfeit goods bearing the "Gucci" mark, finding Gucci "very likely" to succeed in its trademark infringement claims (Gucci America Inc. v. 532buy.com, et al., No.0:17-cv-62068, S.D. Fla.).
WEST PALM BEACH, Fla. - A panel of the Fourth District of the Florida Court of Appeal on Nov. 8 found that a U.S. surgeon general's report that was admitted to the jury during an Engle progeny suit was hearsay and should not have been admitted as evidence and remanded the suit to the trial court for a new trial (R.J. Reynolds Tobacco Co., et al. v. John McCoy, No. 4D16-259, Fla. App. 4th Dist.).
LAKELAND, Fla. - Without an explanation, a panel of the Second District Florida Court of Appeal on Nov. 8 affirmed a $12 million verdict, but certified a conflict with another Florida appellate court over the tobacco company's arguments on comparative fault (R.J. Reynolds Tobacco Company v. George J. Dion, No. 2d16-3632, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 16433).
TALLAHASSEE, Fla. - A Florida appellate panel on Nov. 6 reversed a trial court's decision to dismiss the amended complaint of a woman who claimed that she was injured following an examination with a urologist after finding that her claims were based in ordinary negligence and not medical negligence (Lois Vance v. Okaloosa-Walton Urology, et al., No. 1D16-4272, Fla. App., 1st Dist., 2017 Fla. App. LEXIS 16152).
MIAMI - A Florida federal judge on Nov. 7 partially granted an insured's motion to strike its insurer's affirmative defenses as they pertained to the insurer's reservation of rights because the assertion of a reservation of rights is not an affirmative defense (Kapow of Boca Raton Inc. et al. v. Aspen Specialty Insurance Co., No. 17-80972, S.D. Fla., 2017 U.S. Dist. LEXIS 184224).
TAMPA, Fla. - The owner of several Florida pharmacies pleaded guilty on Nov. 6 to health care fraud and criminal gains for submitting $100 million in claims for compounded prescription drugs to health insurance programs (United States v. Nicholas A. Borgesano, Jr., No. 16-cr-353, M.D. Fla.).
DAYTONA BEACH, Fla. - A panel of Florida's Fifth District Court of Appeals on Nov. 3 reversed a decision from a trial court to grant summary judgment to tobacco companies in an Engle progeny suit and ordered that an evidentiary hearing be held on whether the suit was filed before the statute of limitations expired (Desmond Mansfield v. R.J. Reynolds Tobacco Co., et al., No 5D16-1826, Fla. App. 5th Dist.).
MIAMI - A Florida appeals panel on Nov. 1 affirmed a lower court's ruling granting an insurer's motion to stay an insured's lawsuit seeking equine mortality coverage for a loss arising from the death of a horse and compelling arbitration (Lucky Star Horses, Inc., et al. v. Diamond State Insurance Co., No. 3D17-725, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 15718).
LAKELAND, Fla. - A Florida appeals panel on Nov. 3 found that a lower court improperly granted summary judgment in favor of an insurance broker on a intentional misrepresentation claim, concluding that the court should have applied a six-year statute of limitations instead of a two-year statute of limitations in determining whether the claim was valid (Haji Tehrani v. 1st Source Insurance Inc., et al., No. 2D16-1020, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 15883).
JACKSONVILLE, Fla. - A Florida jury on Nov. 2 awarded the widower of a woman who died of laryngeal cancer $131,371 in damages in an Engle progeny suit after finding that her addiction to cigarettes made by Philip Morris USA Inc. was the cause of her cancer and death (Robert Douglas v. Philip Morris USA Inc., No. 2008-CA-000386, Fla. 4th Jud. Cir., Duval Co.).
MIAMI - A Florida federal judge on Oct. 30 dismissed a disability claimant's amended complaint after determining that the claims alleged against the disability insurer are barred by Florida's applicable statutes of limitations (Victor Gonzalez-Guzman v. Metropolitan Life Insurance Co., No. 17-20107, S.D. Fla., 2017 U.S. Dist. LEXIS 179259).
MIAMI - A Florida federal judge on Oct. 25 denied an insured's motion to remand after determining that the federal amount in controversy minimum has been met because the damages sought by the insured and its assignee arise from the same insurance claim and, therefore, must be considered in the aggregate rather than individually (Kapow of Boca Raton Inc. et al. v. Aspen Specialty Insurance Co., No. 17-80972, S.D. Fla., 2017 U.S. Dist. LEXIS 176366).
TALLAHASSEE, Fla. - An amendment to the Florida Constitution requires a hospital to produce external documents reviewing a surgical error incident, a Florida Supreme Court majority ruled Oct. 26 in a medical negligence suit, concluding that the statute favors the elimination of restrictions on patients' discovery of adverse medical incident reports (Amber Edwards v. Larry D. Thomas, et al., No. SC15-1893, Fla. Sup., 2017 Fla. LEXIS 2136).