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Florida

  • December 18, 2009

    DHL OT Suit Receives Collective Action Approval

    A federal judge has conditionally certified a collective action that, like other similar cases out there, accuses DHL Express (USA) Inc. of failing to pay proper overtime wages to its delivery drivers.

  • December 18, 2009

    Fed. Circ. Nixes Point Of Novelty Test For Anticipation

    A federal appeals court has ruled that the ordinary observer test is the sole test for design patent invalidity by anticipation, affirming a lower court's reading of case law in a dispute between Walgreens Corp. and a designer over shoe patents.

  • December 16, 2009

    Judge Bars Psystar From Selling Mac OS X Copies

    Apple Inc. has won a permanent injunction preventing Psystar Corp. from selling copies of the proprietary Mac OS X operating system on Psystar-made computers, on the heels of a settlement in the technology giant's copyright and breach of contract suit.

  • December 18, 2009

    Battle Brewing Over Certification In FedEx Case

    A group of New Jersey-based couriers for FedEx Corp. has asked a federal judge to certify its wage-and-hour and breach of contract case as a class action, saying the essence of each punitive class member's claims is the same.

  • December 18, 2009

    WrestleReunion Appeals Live Nation Contract Loss

    WrestleReunion LLC has asked a federal appeals court to take up its failed action alleging Live Nation Television Holdings Inc. breached contractual agreements to produce and promote programming of its wrestling matches following the denial of its bid for a new trial.

  • December 18, 2009

    Installers Hit CableNet With OT Class Action

    A pair of CableNet Services Unlimited LLC employees have filed a proposed class action against the cable installation company, alleging installers have not been paid overtime.

  • December 17, 2009

    Fla. AG Probes Diebold Sale To ES&S

    The Office of the Attorney General of Florida is investigating whether Diebold Inc.'s sale of its voting machine business to competitor Election Systems & Software Inc. violates antitrust laws.

  • December 17, 2009

    Schering Settles Medi-Cal Fraud Suit For $21M

    Schering-Plough Corp. will pay California $21.3 million to settle allegations that it deliberately inflated the price of generic asthma drug albuterol and others in order to reap millions in pharmacy reimbursements from the state's Medicaid system, California Attorney General Jerry Brown said Thursday.

  • December 17, 2009

    Q&A With Gunster's Jack Aiello

    The typical appeal takes nearly 18 months for the first level review, and in many cases, that is enough time to change the circumstances of the parties enough that the ultimate result is no longer the most equitable one, says Jack Aiello, chair of Gunster Yoakley & Stewart PA's appellate practice.

  • December 17, 2009

    Apple Settles Ex-Genius Bar Worker's OT Action

    A former Apple Inc. employee who launched a proposed collective action accusing the technology giant of denying its retail store repair technicians overtime pay has agreed to drop his claims, in light of a settlement.

  • December 16, 2009

    State Farm, Fla. Settlement Calls For Rate Increase

    State Farm will continue to be a property insurer in Florida after reaching a settlement with the state's insurance commissioner that allows the company to hike homeowner rates by 14.8 percent.

  • December 16, 2009

    South Florida Reclaims Place As Top 'Judicial Hellhole'

    South Florida is this year's top “judicial hellhole,” reclaiming a title that it held in 2007 and then lost in 2008 to West Virginia, according to a report from a tort reform special interests group.

  • December 16, 2009

    American Derivatives Settles CFTC Suit For $6.8M

    A federal judge has signed off on a consent decree filed by the U.S. Commodity Futures Trading Commission and American Derivatives Corp. in which the broker agreed to pay $6.75 million over allegations of a commodity options fraud scheme.

  • December 16, 2009

    Q&A With Shumaker Loop & Kendrick's Duane Daiker

    Our courts are suffering from a lack of funding during these difficult economic times. The appellate courts cannot function properly with inadequate staffing and resources, says Duane A. Daiker, partner in the appellate practice group at Shumaker Loop & Kendrick LLP.

  • December 15, 2009

    Kimmins Off Hook In $3M Rental Indemnification Suit

    Equipment renter United Rentals Inc. has lost its bid in a contract dispute with Kimmins Contracting Corp. to have Kimmins indemnify it for a $3.1 million jury verdict in favor of a worker who claimed he was injured while operating heavy equipment Kimmins had rented from United Rentals.

  • December 15, 2009

    2nd Circ. Revives GNC Class Actions Over Ephedra

    A federal appeals court has vacated a lower court order dismissing four consolidated product liability class actions against General Nutrition Cos. Inc. over nutritional supplement ephedra, ruling that the judge abused his discretion by tossing the claims without warning.

  • December 15, 2009

    Wellbutrin Indirect Buyers Seek Cert. In Antitrust Suit

    A group of employee benefit plans has moved to certify a class of plaintiffs that paid or reimbursed for Wellbutrin XL, in an action accusing Biovail Corp. and GlaxoSmithKline PLC of suppressing the market for a generic version of the blockbuster antidepressant.

  • December 14, 2009

    Suit Over Orlando Airport Land Deal Sent To Fed. Court

    An aviation investment group's $100 million lawsuit against the Greater Orlando Aviation Authority — the airport operator that allegedly stymied the group's property contract and bullied its way through a decade-long land grab — has been bumped up to federal court.

  • December 14, 2009

    Fidelity Ordered To Produce Docs In PrivaCash Suit

    A magistrate judge has ordered Fidelity National Information Services Inc. to produce documents related to open loop gift card services the company purportedly administers for American Express Co., clearing an early snag in a patent infringement suit brought against the credit company by PrivaCash Inc.

  • December 14, 2009

    NetBank Supervisor's Deal With Holland & Knight OK'd

    A bankruptcy judge has approved a settlement between NetBank Inc.'s liquidating supervisor and former debtor-in-possession counsel Holland & Knight LLP over roughly $350,000 in allegedly avoidable transfers that NetBank made to H&K early in the online bank's Chapter 11 proceedings.