Florida Lawyer News Services | Robbins Equitas

(Tampa bankruptcy attorney) Beavers v. Metro. Life Ins. Co.

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(U.S. 5th Cir., Civil Procedure, Contracts, Insurance Law) In an action alleging breach of life insurance investment contracts, the dismissal of the complaint is affirmed where the District Court correctly held that Plaintiffs’ claims were barred by the Texas statute of limitations, because Plaintiffs’ alleged injury was not inherently undiscoverable.

County of Sonoma v. Superior Court of Sonoma County

(Cal. App., Civil Procedure, Constitutional Law, Contracts, Dispute Resolution & Arbitration, Government Law) Petition for writ of mandate seeking relief from an order of the superior court compelling plaintiff to arbitrate with real party in interest Sonoma County Law Enforcement Association is granted where: 1) Code Civ. Proc. section 1299 impermissibly interferes with the governing body’s constitutional authority to establish employee compensation; and 2) Code Civ. Proc. section 1299 impermissibly delegates to the arbitration panel the power to interfere with county money and to perform municipal functions.

Nken v. Holder

(U.S.S.C., Civil Procedure, Immigration Law) The Court of Appeals’ denial of Petitioner’s motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals’ authority to stay an alien’s removal pending judicial review.

Byrum v. Landreth

(U.S. 5th Cir., Administrative Law, Civil Procedure, Commercial Law, Constitutional Law, Government Law) In a First Amendment challenge to a law restricting the use of certain advertising language by unlicensed interior designers, the denial of a preliminary injunction is reversed, where it was the government’s burden to prove the constitutionality of the commercial speech at issue and the District Court held that the government failed to meet that burden.

Pasco v. Knoblauch

(U.S. 5th Cir., Civil Procedure, Civil Rights) In a 42 U.S.C. section 1983 action based on Plaintiff’s injuries while being chased by police, the denial of summary judgment for Defendant-Officer is reversed, where Defendant’s failure to raise the defense of qualified immunity until his summary judgment motion did not prejudice Plaintiff, and Defendant did not violate clearly established law.

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