CINCINNATI - An Ohio federal judge on Sept. 29 determined that only one of two plaintiffs can proceed with a breach of contract claim against an insurer that issued long-term care policies because Florida law banning the use of a hospital confinement provision includes the policy issued to only one of the plaintiffs (Maybelle Z. Smith v. Continental Casualty Co., d/b/a CNA Insurance, No. 16-616, S.D. Ohio, 2017 U.S. Dist. LEXIS 161558).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to hear arguments on an Engle progeny suit in which a Florida appellate panel vacated $54 million in punitive damages (Marvine Calloway v. R.J. Reynolds Tobacco Co., et al., No. 16-1507, U.S. Sup.).
MINNEAPOLIS - A complaint by Mayo Clinic and Mayo Foundation for Medical Education and Research (Mayo, collectively) that seeks a declaration that Mayo did not infringe a copyrighted chart in an internal training session cannot proceed in Minnesota because the chart's author has not "purposefully directed" her activities there, a Minnesota federal judge ruled Sept. 27 (Mayo Clinic, et al. v. Enterprise Management Limited Inc. and Mary Lippitt, No. 17-941, D. Minn., 2017 U.S. Dist. LEXIS 158786).
MIAMI - A woman filed a medical negligence suit in federal court in Florida on Sept. 20 against a cruise company and its medical staff on one of its cruises, saying the staff failed to properly care for her when she came into the medical center with an illness and that the medical staff breached the standard of care, which caused her to be permanently injured (Aleah Jordan v. Carnival Corporation, et al., No. 1:17-cv-23460, S.D. Fla.).
ATLANTA - A competing high-end boat manufacturer failed to identify any protectable, nonfunctional trade dress that was allegedly infringed, a craft designer tells the 11th Circuit U.S. Court of Appeals in a Sept. 20 appellee brief, also alleging that purportedly misappropriated confidential information did not qualify as trade secrets under Florida law (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).
TALLAHASSEE, Fla. - The Florida Supreme Court should use an asbestos case to adopt the superior standard for reviewing evidence espoused in Daubert regardless of the constitutionality of the Legislature's attempt to do so and reject the opinion that any exposure to asbestos contributes to disease, an advocacy group told the court on Sept. 20 (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).
TAMPA, Fla. - A Florida federal judge on Sept. 18 certified a class of home health workers who sued their former employer under the Worker Adjustment and Retraining Notification (WARN) Act claiming that they were fired without notice and denied pay (Toni Molina, et al. v. Ace Homecare LLC, et al., No. 16-2214, M.D. Fla., 2017 U.S. Dist. LEXIS 151039).
FORT MYERS, Fla. - A Florida federal judge on Sept. 19 refused to dismiss a Brazilian entity's amended complaint in which it seeks to enforce a $14 million arbitral award, finding that the complaint was not barred by a three-year statute of limitations (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 151781).
TAMPA, Fla. - A rental property owner seeking class certification in a suit over the constitutionality of a Florida city's rental housing program failed to prove the ascertainability and numerosity of its proposed class, a Florida federal judge ruled Sept. 19 (Lea Family Partnership Ltd., et al. v. City of Temple Terrace, Florida, et al., No. 16-3463, M.D. Fla., 2017 U.S. Dist. LEXIS 151405).
FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from destroying evidence that could lead to who is responsible for his mother's death (Francis L. Lopez v. Rehabilitation Center At Hollywood Hills LLC, et al., No. CACE17016659, Fla. 17th Jud. Cir. Broward Co.).
TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient to overcome the public's right of access (Melanie Glasser, et al. v. Hilton Grand Vacations Company, LLC, No. 16-952, M.D. Fla., 2017 U.S. Dist. LEXIS 149332).
LAKELAND, Fla. - A Second District Florida Court of Appeal panel on Sept. 15 affirmed a final judgment in favor of the surviving daughter of a woman who died from lung cancer caused by smoking after finding that an amendment to a Florida statute governing punitive damages did not apply to the case (R.J. Reynolds Tobacco Company v. Cindy Evers, No. 2D16-1603, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 13079).
WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion or err in entering a final judgment of trademark and patent infringement against a defendant accused of selling a competing, knockoff hydradermabrasion system, the Federal Circuit U.S. Court of Appeals held Sept. 8 (Edge Systems LLC, et al. v. Rafael Newton Aguila, No. 16-2189, Fed. Cir., 2017 U.S. App. LEXIS 17365).
MIAMI - A court properly admitted an expert's testimony that cumulative asbestos exposures were sufficient to cause a man's mesothelioma, a Florida appeals court held Sept. 6 in differentiating the testimony from the opinion that every exposure leads to disease and affirming a $9 million verdict (Northrop Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 12834).
DAYTONA BEACH, Fla. - A Florida appeals panel on Sept. 1 affirmed a lower court's final judgment but remanded with instructions to enter a corrected order reflecting that when the insured provides his homeowners insurer with a signed contract to complete the necessary subsurface repairs, the insurer shall pay that amount instead of tendering the policy limits (Joseph Ringelman v. Citizens Property Insurance Corp., No. 5D16-260, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 12567).
FORT LAUDERDALE, Fla. - A Florida federal judge on Aug. 28 dismissed all of a borrower's claims asserted against the servicer of his mortgage in relation to his requests for information on the loan but allowed him leave to amend his claims for violation of the Real Estate Settlement and Procedures Act (RESPA) and the Truth in Lending Act (TILA) (James W. Scott v. 360 Mortgage Group LLC, No. 17-cv-61055, S.D. Fla., 2017 U.S. Dist. LEXIS 139673).
WEST PALM BEACH, Fla. - An appellate panel in Florida on Aug. 30 reversed a $10 million judgment awarded to the widow of a man who died from lung cancer because of his addiction to cigarettes after finding that the trial court erred by allowing the U.S. surgeon general's report on cigarettes into evidence (Philip Morris USA Inc., et al. v. Rose Pollari, No. 4D16-334, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 12470).
ORLANDO, Fla. - Allegations that a ministry and its minister made knowingly false representations of copyright infringement to YouTube in an effort to take down a plaintiff's YouTube channel will proceed, a Florida federal judge ruled Aug. 25 (Shirley Johnson v. New Destiny Christian Center Church Inc., et al., No. 17-710, M.D. Fla.).
FORT MYERS, Fla. - Two nonbinding opinions involving different portions of Florida's asbestos law did not foreclose on a company's ultimately futile argument that a third section of the law should apply to the case against it, a federal judge held Aug. 22 in denying sanctions (Stacey Doolin, et al. v. American Optical Corp., et al., No. 16-778, M.D. Fla., 2017 U.S. Dist. LEXIS 134425).