Florida Lawyer News Services | Robbins Equitas

(Aviation accident lawyer) Branch Consultants v. Allstate Ins. Co.

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(U.S. 5th Cir., Civil Procedure, Government Law, Insurance Law) Dismissal of a False Claims Act suit arising out of Katrina-related insurance fraud is affirmed in part where the FCA’s first-to-file jurisdictional bar applied to plaintiff’s case against certain defendants despite the fact that plaintiff focused on different details, geographic locations, and other insurer defendants; but reversed in part where the previous case’s allegations and generic naming of two other insurers, by itself, did not trigger the first-to- file bar as to plaintiff’s specific allegations against other insurers that the first case did not name.

Lebron v. Sanders

(U.S. 2d Cir., Civil Procedure, Criminal Law & Procedure, Habeas Corpus) In a habeus petition action, plaintiff’s motion for an extension of time to file motions to proceed in forma pauperis and for a certificate of appealability is granted where: 1) pro se plaintiff cannot access, without cost, from prison some of the federal case law that form a part of the substantive basis of the district court’s dismissal of his habeus petition; and 2) the court is concerned about the impact on the appearance of justice when pro se litigants may not have financial access to case authorities that form the basis of a court’s decision, thereby hampering the opportunities to understand and assert their legal rights. New local rules of the Southern and Eastern Districts of New York also oblige counsel to provide pro se litigants with copies of unreported decisions or decisions reported exclusively on computerized databases that are cited in their submissions to court.

Alfaro v. Cmty. Hous. Improvement Sys.
&
Planning Assoc., Inc.

(Cal. App., Civil Procedure, Contracts, Government Law, Property Law & Real Estate) In an action involving deed restrictions in a housing development project, trial court’s judgment is reversed where: 1) plaintiffs’ properties were subject to a valid affordable housing deed restriction; 2) the statutes of limitations have lapsed as to claims by 22 co-plaintiffs of fraudulent and negligent nondisclosure and breach of implied contracts mostly against defendant; and 3) claims by 16 other co-plaintiffs of fraudulent and negligent nondisclosure and breach of implied contracts against co-defendant South County remain viable.

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(Attorney in tampa florida) Ericksson v. Comm’r of Soc. Sec.

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(U.S. 2d Cir., Administrative Law, Attorney’s Fees, Civil Procedure, Government Benefits) District Court’s denial of plaintiff’s attorney’s fees under the Equal Access to Justice Act following agency award of disability benefits is reversed and remanded with instructions to award the fees. The defendant failed to prove the opposition to the benefits was substantially justified and had a reasonable basis in law and fact, and therefore the denial of fees was outside the district court’s discretion.

Martinez v. Jones

(U.S. 7th Cir., Civil Procedure, Habeas Corpus, Per Curiam) Denial of petition for writ of habeas corpus is affirmed where, because petitioner was denied permission to file a successive petition, his request was not a properly filed postconviction action, thus it did not toll the limitations period and his petition for a writ of habeas corpus in the district court was untimely.

St Petersburg Lawyer

(Tampa divorce attorney) Coyne’s & Co., Inc. v. Enesco, LLC

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(U.S. 8th Cir., Commercial Law, Contracts, Copyright, Injury And Tort Law, Intellectual Property, Trade Secrets, Trademark) In a suit related to the early termination of a distributor agreement, denial of a preliminary injunction is affirmed where plaintiff could not demonstrate a likelihood of success on its claims since the distributor agreement was no longer in effect, and defendant’s termination of the agreement did not fall under the Minnesota Franchise Act’s termination requirements since plaintiff had never paid defendant a franchise fee.

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(Lawyer in tampa) Boston Scientific Scimed, Inc. v. Cordis Corp.

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(U.S. Fed. Cir., Drugs & Biotech, Health Law, Intellectual Property, Patent) In a patent case involving a drug-eluting expandable stent with a coating that has a non-thrombogenic surface, denial of defendant’s motion for a new trial and judgment as a matter of law (JMOL) following a jury verdict of infringement of a patent claim is reversed where the district court erred as a matter of law in failing to hold the patent at issue to have been obvious.

Ball Aerosol
&
Specialty Container, Inc. v. Ltd. Brands, Inc.

(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

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