LexisNexis® Legal Newsroom
Mealey's Insurance - Judge: Claims Alleging Wrongful Antitrust, Monopolizing Conduct Are Related

ORLANDO, Fla. - Judgment was entered in favor of insurers on Feb. 15, one day after a Florida federal judge found that there is no further coverage owed to insureds for lawsuits alleging that they have intentionally engaged in wrongful antitrust and monopolizing conduct in an effort to dominate the health care service industry (Health First Inc., et al. v. Capitol Specialty Insurance Corporation, et al., No. 15-718, M.D. Fla., 2017 U.S. Dist. LEXIS 20320).

Mealey's Litigation Procedure - Judge Bars Testimony On Education Lead-Generation Industry's Customs, Practices

TAMPA, Fla. - A lawyer is not qualified to opine on the educational lead-generation industry's customs and practices because the lawyer failed to explain why her experience is a sufficient basis for her opinion and how her experience is reliably applied to the facts of a trade secrets and breach of contract case, a Florida federal judge ruled Feb. 13, excluding the testimony (Connectus LLC v. Ampush Media Inc., et al., No. 15-2778, M.D. Fla., 2017 U.S. Dist. LEXIS 19829).

Mealey's Litigation Procedure - Judge: Pension Funds Failed To Show That Company Misstated Financial Condition

WEST PALM BEACH, Fla. - Two pension funds failed to plead any material misrepresentations or omissions or scienter in arguing that a company and certain of its executive officers issued misstatements regarding the company's financial condition in the wake of an industry downturn, a federal judge in Florida ruled Feb. 8 in granting the defendants' motion to dismiss (In re KLX Inc. Securities Litigation, No. 16-80023, S.D. Fla., 2017 U.S. Dist. LEXIS 17764).

Mealey's Insurance - Panel Says Homeowner Sinkhole Claims Against Insolvent Insurer Are Timely

DAYTONA BEACH, Fla. - A Florida appellate panel on Feb. 10 reversed and remanded a lower court order and found that certain statutes of limitations do not apply to a case filed against an insurer before it became insolvent (Patricia Morrison v. Homewise Preferred Insurance Company and Florida Insurance Guaranty Association, No. 5D15-4312, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 1648).

Mealey's Securities/D&O Liability - Judge: Pension Funds Failed To Show That Company Misstated Financial Condition

WEST PALM BEACH, Fla. - Two pension funds failed to plead any material misrepresentations or omissions or scienter in arguing that a company and certain of its executive officers issued misstatements regarding the company's financial condition in the wake of an industry downturn, a federal judge in Florida ruled Feb. 8 in granting the defendants' motion to dismiss (In re KLX Inc. Securities Litigation, No. 16-80023, S.D. Fla., 2017 U.S. Dist. LEXIS 17764).

Mealey's IP/Tech - Federal Circuit: Proposed Generic Drug Does Not Meet Patent Limitations

WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 16-1785, Fed. Cir., 2017 U.S. App. LEXIS 2393).

Mealey's IP/Tech - Arizona Federal Judge Transfers Patent Dispute To Florida Court

PHOENIX - Allegations that two defendants infringed three patents relating to a process known as "singulation" will proceed in Florida federal court, where a separate case implicating the same three patents is already pending, an Arizona federal judge ruled Feb. 8 (ON Semiconductor Corporation, et al. v. Micro Processing Technology Inc., No. 16-1055, D. Ariz.; 2017 U.S. Dist. LEXIS 17753).

Mealey's Insurance - Florida Panel: Evidence Of Insured's Health Should Have Never Been Introduced

WEST PALM BEACH, Fla. - A Florida appeals panel on Feb. 8 held that there is a reasonable possibility that the introduction of irrelevant and prejudicial evidence as to an insured's health condition contributed to a jury verdict against an insurer in a dispute over coverage for roof damage caused by Hurricane Wilma, reversing for a new trial (State Farm Florida Insurance Co. v. Dina Figueroa, No. 4D15-2698, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 1548).

Mealey's Banking & Finance - Florida Federal Judge Allows FCCPA Claim Against Lender To Proceed

FORT LAUDERDALE, Fla. - A Florida federal judge on Feb. 6 dismissed claims for negligence and violation of the Real Estate Settlement Procedures Act (RESPA) against a bank in relation to a request for information but allowed a claim for violation of Florida consumer collection law to proceed (Loris B. Ranger, et al. v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company, No. 15-62511, S.D. Fla., 2017 U.S. Dist. LEXIS 17148).

Mealey's Toxic Tort/Environmental - Florida Jury Finds For Tobacco Company In Tobacco Suit

SEBRING, Fla. - A Florida state jury on Feb. 8 rendered a verdict in favor of R.J. Reynolds Tobacco Co. in an Engle progeny trial after it found that a woman who was addicted to cigarettes knew or should have known that she had chronic obstructive pulmonary disease (COPD) by the Engle claim cutoff date (Angela Durance v. R.J. Reynolds Tobacco Co., No. 11-26-GCS, Fla. 10th Jud. Cir., Highlands Co.).

Mealey's IP/Tech - Counterclaims Did Not Allege Advertising Injury, 10th Circuit Affirms

ATLANTA - The 10th Circuit U.S. Court of Appeals on Feb. 8 found that underlying counterclaims against an insured failed to assert facts that constituted an "advertising injury" under general liability and excess insurance policies, affirming a lower federal court's finding that the insurer did not have a duty to defend its insured (IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., No. 16-15127, 11th Cir., 2017 U.S. App. LEXIS 2218).

Mealey's Insurance - Counterclaims Did Not Allege Advertising Injury, 10th Circuit Affirms

ATLANTA - The 10th Circuit U.S. Court of Appeals on Feb. 8 found that underlying counterclaims against an insured failed to assert facts that constituted an "advertising injury" under general liability and excess insurance policies, affirming a lower federal court's finding that the insurer did not have a duty to defend its insured (IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., No. 16-15127, 11th Cir., 2017 U.S. App. LEXIS 2218).

Mealey's Securities/D&O Liability - SEC Pleaded Claims Against Hedge Fund Manager With Particularity, Judge Rules

FORT MYERS, Fla. - The Securities and Exchange Commission has pleaded its claims with particularity and has properly pleaded scienter in arguing that a hedge fund manager and others engaged in widespread securities fraud with regard to an investment scheme in violation of federal securities laws, a federal judge in Florida ruled Jan. 30 in substantially denying the defendants' motion to dismiss (Securities and Exchange Commission v. Kingdom Legacy General Partners LLC, et al., No. 16-441, M.D. Fla., 2017 U.S. Dist. LEXIS 12717).

Mealey's Insurance - Judge: Insured Vs. Insured Exclusion Bars Directors, Officers Liability Coverage

MIAMI - A Florida federal judge on Jan. 30 found that a directors and officers liability insurance policy's insured vs. insured exclusion precludes coverage for underlying claims against a condominium association insured and one of its board of directors arising from the installation of hurricane impact windows and doors, granting the insurer's motion for judgment on the pleadings (The Marbella Condominium Association, et al. v. RSUI Indemnity Co., No. 16-80987, S.D. Fla., 2017 U.S. Dist. LEXIS 12363).

Mealey's Litigation Procedure - Judge Recommends Denial Of Del Monte's Motion To Garnish Debt To Satisfy Award

MIAMI - A Florida federal magistrate judge on Jan. 30 recommended that a motion for garnishment filed by Del Monte International GMBH in relation to payment of a $29,290,440.54 international arbitral award issued in its favor be denied, finding that the award must first be confirmed pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Del Monte International GMBH v. Ticofrut S.A., No. 16-23894, S.D. Fla.).

Mealey's IP/Tech - Florida Federal Judge Sides With Ford In Trade Dress, Infringement Case

ORLANDO, Fla. - Allegations that Ford Motor Co. committed tortious interference were rejected Jan. 30 by a Florida federal judge, who found that trademark and trade dress-related demand letters sent by the automaker to distributors of allegedly infringing products were not objectively baseless (Silverhorse Racing LLC v. Ford Motor Company, No. 16-53, M.D. Fla., 2017 U.S. Dist. LEXIS 12213).

Mealey's Litigation Procedure - Florida Appeals Court Orders Foreign Adverse Event Reports To Be Redacted

WEST PALM BEACH, Fla. - A Florida appeals court on Jan. 25 quashed a trial court order requiring Howmedica Osteonics Corp. to produce unredacted foreign adverse event reports about certain of its recalled hip prostheses (Howmedica Osteonics Corp. v. Joyce Trowbridge, et al., No. 4D16-2374, Fla. App., 4th Dist.; 2017 Fla. App. LEXIS 764).

Mealey's PI/Product Liability - Florida Appeals Court Orders Foreign Adverse Event Reports To Be Redacted

WEST PALM BEACH, Fla. - A Florida appeals court on Jan. 25 quashed a trial court order requiring Howmedica Osteonics Corp. to produce unredacted foreign adverse event reports about certain of its recalled hip prostheses (Howmedica Osteonics Corp. v. Joyce Trowbridge, et al., No. 4D16-2374, Fla. App., 4th Dist.; 2017 Fla. App. LEXIS 764).

Mealey's IP/Tech - 11th Circuit: Reduction Of Fees In Copyright Case Was Abuse Of Discretion

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).

Mealey's Insurance - Judge: Insurer's Suit Against Excess Insurer Fails To Allege Coverage Is Exhausted

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).

Mealey's PI/Product Liability - Florida Panel: Court Erred In Allowing Prejudicial, Undisclosed Expert Testimony

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.).

Mealey's Litigation Procedure - Florida Panel: Court Erred In Allowing Prejudicial, Undisclosed Expert Testimony

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.).

Mealey's IP/Tech - 11th Circuit: Award Of Fees In Copyright Case Not Abuse Of Discretion

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).

Mealey's Insurance - Florida Panel: Court Erred In Allowing Prejudicial, Undisclosed Expert Testimony

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.).

Mealey's IP/Tech - Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit

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).