Florida Lawyer News Services | Robbins Equitas

(Tampa attorney) Avery v. First Res. Mgmt.

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(U.S. 9th Cir., Attorney’s Fees, Civil Procedure, Debt Collection) In an action for attempting to collect a time-barred credit card debt under the Fair Debt Collection Practices Act, summary judgment for Defendants is affirmed where parties that consent to a given state’s law thereby adopt that state’s statute of limitations.

Cox v. DeSoto Cty.

(U.S. 5th Cir., Civil Procedure, Labor & Employment Law) In an Age Discrimination in Employment Act (ADEA) action alleging an unlawful transfer between places of work, judgment for Defendants is affirmed in part, where an administrative unemployment proceeding was entitled to collateral estoppel effect, but reversed in part, where the ADEA’s detailed administrative remedy nullified the collateral estoppel effect of the unemployment proceedings with respect to Plaintiff’s retaliation claim.

Adkins v. General Motors Acceptance Corp.

(U.S. 2d Cir., Civil Procedure) Motion for reconsideration and vacatur of an order by the Staff Counsel of the U.S. Court of Appeals for the Second Circuit designating additional parties on appeal is denied where it is within the Staff Counsel’s authority and discretion to designate as named appellees the attorneys who are the subject of the order from which the appeal is taken.

Bowling Green
&
Warren Cty. Airport v. Martin Land Dev. Co.

(U.S. 6th Cir., Civil Procedure, Property Law & Real Estate, Transportation) In a declaratory judgment action seeking recognition of a leasehold interest in certain areas of an airport, summary judgment for Defendants is affirmed, where 49 U.S.C. section 40103 does not imply a private right of action.

Muller v. Fresno Cmty. Hospital and Med. Ctr.

(Cal. App., Civil Procedure, Evidence, Health Law, Injury And Tort Law, Professional Malpractice) In a medical negligence action, trial court’s order granting a new trial and denying plaintiff’s motion for sanctions is affirmed where there is no authority in the statutes for the imposition of monetary sanctions for disclosing for the first time during the trial a theory that was not disclosed by an expert witness in their declaration.

St Petersburg Lawyer

(Florida lawyer) Whittenburg v. Werner Enters. Inc.

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(U.S. 10th Cir., Civil Procedure, Injury And Tort Law) In a tort action arising from an auto accident, judgment for Plaintiff is reversed, where Plaintiff’s counsel during closing argument placed before the jury fictitious admissions never uttered by Defendants and launched vituperative and unprovoked attacks on Defendants and their counsel.

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(Florida attorney) In re Gleave

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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action concerning methods of treating endocrine-regulated cancers, USPTO Board of Patent Appeals and Interferences rejection of plaintiff’s patent claims is affirmed where the Board properly held that the claims were anticipated under 35 U.S.C. sec. 102(b) as the compositions described in the plaintiff’s application were not new.

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(Tampa divorce lawyer) Tanoh v. Dow Chem. Co.

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(U.S. 9th Cir., Civil Procedure, Class Actions, Injury And Tort Law) In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant’s motion as “mass actions.”

King v. Cessna Aircraft Co.

(U.S. 11th Cir., Civil Procedure, Injury And Tort Law, International Law, Transportation) In a tort action based on an airline accident, the dismissal of the complaint based on forum non conveniens is affirmed, where Italy was an adequate forum to litigate the dispute, many of the Plaintiffs were from Europe, and Italian law applied to the case.

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