Florida Lawyer News Services | Robbins Equitas

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

More info…
(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.

Florida Lawyer

(Tampa florida lawyer) Brooks-Ngwenya v. Indianapolis Public Schools

More info…
(U.S. 7th Cir., Copyright, Education Law, Intellectual Property, Per Curiam) In a copyright infringement action involving an educational program, district court’s grant of summary judgment for defendant is affirmed where the copyright infringement claim fails as plaintiff’s complaint is that defendant copied her ideas but she did not prove or try to prove that defendant copied any of the materials protected by her copyright.

lawyer in tampa

(Aviation accident attorney) Fries v. Rite Aid Corp.

More info…
(Cal. App., Civil Procedure, Judgment Enforcement, Remedies) In an action involving the award of costs, trial court order and judgment awarding costs is affirmed where there is no legal requirement that a defendant who seeks costs pursuant to California Rules of Court rule 3.1700 after a plaintiff’s voluntary dismissal also file a proposed judgment in addition to its memorandum of costs.

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.

Silverbrand v. County of LA

(Cal., Civil Procedure, Constitutional Law, Criminal Law & Procedure) In an action involving prisoner rights, court of appeal’s dismissal of plaintiff’s appeal as untimely is reversed and remanded where: 1) the prison-delivery rule properly applies to notices of appeal filed by incarcerated self-represented litigants in civil cases, as nothing in the plain language of the California Rules of Court prohibits it and there is no evidence of any intention on the part of the Judicial Council to restrict the prison-delivery rule to criminal appeals; and 2) a notice of appeal by a self-represented prisoner in a civil case is deemed filed as of the date the prisoner properly submits the notice to prison authorities for forwarding to the superior court.

Berrios v. New York City Hous. Auth.

(U.S. 2d Cir., Civil Procedure, Property Law & Real Estate) District court’s dismissal of plaintiff’s complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant’s motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.

tampa dui attorney

(Tampa personal injury attorney) Felix v. Am. Honda Motor Co., Inc.

More info…
(U.S. Fed. Cir., Intellectual Property, Patent, Transportation) In a patent infringement action involving a storage system in a vehicle bed, district court’s grant of summary judgment for defendant is affirmed where there was no literal infringement of plaintiff’s patent as the court’s construction of the disputed terms in the patent was correct and thus defendant’s product did not satisfy the limitation of the patent.

World Fin. Group, Inc. v. HBW Ins.
&
Fin. Serv., Inc.

(Cal. App., Civil Procedure, Commercial Law, Constitutional Law, Contracts, Government Law, Labor & Employment Law, Trade Secrets) In an action involving trade secrets and confidential information, trial court’s denial of defendant’s Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff’s complaint was based on defendant’s protected activity arising out of acts done in furtherance of their free speech rights.

attorney in tampa