Florida Lawyer News Services | Robbins Equitas

Current Florida Litigation Trends (July 2010)

By: Vincent Lynch, Managing Partner of Lynch & Robbins, P.A.

At Lynch & Robbins, our Florida lawyers continually monitor trends in recent lawsuit filings in Federal and state courts and administrative tribunals across Florida. We focus our research and advice to clients on the most prolific areas of the moment such as the Fair Labor Standards Act (FLSA), Fair Debt Collections Practices Act (FDCPA), Americans with Disabilities Act (ADA), securities, partnerships, and intellectual property law. We also track favorable developments in our other core practice areas including Commercial Litigation, Product Liability, Franchise, and administrative law cases. Lynch & Robbins has offices in Tampa, St. Petersburg, Orlando and Miami.

Florida Court Dockets Remain Flooded

The tidal wave of foreclosure and eviction cases coupled with the reduction in the Florida State Court budget have greatly impacted the number of cases on the dockets of the state court judges in Florida. However, many Florida judges and their staff are working hard to manage their dockets and we have seen surprising progress on state court cases we handle for clients throughout the Circuit Courts of Florida.

The Federal Courts in Florida

FLSA, ADA, Fair Debt Collection Practices Act (FDCPA) and intellectual property law cases are among the most filed lawsuits in the Federal Courts in Florida–that encompasses the Southern, Middle and Northern District Courts. Approximately 150 FLSA cases were filed against Florida companies in Federal Court in June of 2010 alone and over 20% of all FLSA lawsuits filed in Federal Court are filed in Florida. Over 50 intellectual property law cases were filed in Federal Court in Florida in June of 2010 including Patent Litigation, Trademark Infringement, and alleged Copyright violations.

In response to the extremely high volume of filings in certain areas including the FLSA and ADA, many Federal Judges across Florida including in Tampa, Orlando, Miami and Jacksonville issue special scheduling orders to manage and progress these cases quickly. Some Judges, particularly in the Southern District Courts in Miami and Fort Lauderdale enter orders allowing for shortened discovery periods and setting cases for a trial date a relatively short period of time from the date the case was filled—otherwise known as a “Rocket Docket.” These Judges know that nothing disposes of cases more efficiently than a firm and early trial date.

Over 750 lawsuits are filed monthly under the Federal Fair Debt Collection Practices Act and other Consumer Protection Laws in Federal Courts in the United States. At least 30 FDCPA cases were filed in Federal Court in Florida in June, 2010.

Employment Litigation

Employment litigation consistently remains one of the most prolific areas of litigation in Florida and across the U.S. Over 220 employment related lawsuits were filed against employers in federal court in Florida in June, 2010 including 150 FLSA and 75 employment discrimination cases.

Our Experience

Whether you need an employment lawyer (to defend and FLSA or discrimination case under Title VII, the Florida Civil Rights Act or the ADA), an intellectual property attorney or are involved in commercial litigation, the lawyers of Lynch & Robbins can help you. We are committed to providing our clients the most current methods for preventing and defending litigation efficiently and effectively. For more information, please visit us at www.floridalawyer.com.

Vincent Lynch is the Managing Partner of Lynch & Robbins. Mr. Lynch represents businesses, employers and individuals in complex federal and state court litigation, arbitration and administrative matters. Mr. Lynch has over 18 years of legal experience, and served as a state and Federal Court law clerk for 4 years before entering private practice. He has been a member of The Florida Bar since 1992.

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

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(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.

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(Tampa dui attorney) Teselle v. McLoughlin

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(Cal. App., Civil Procedure, Probate, Trusts & Estates) In a dispute involving a trust, summary judgment for defendants is reversed where: 1) the late filing by plaintiff of an opposition statement did not violate the policies of Code Civ. Pro. section 437c (b)(2) or (b)(3) and thus was not sufficient grounds for granting summary judgment; 2) defendants did not address the amendment to one trust in their motion for summary judgment, which was a material allegation; 3) defendant’s motion for summary adjudication of the elder abuse cause of action was insufficient as he did not provide the necessary facts to support the motion; 4) trial court improperly granted summary adjudication with respect to the cause of action for a constructive trust as defendants did not establish all the necessary elements; and 5) defendants should not have obtained summary adjudication on the accounting cause of action on the basis of plaintiff’s insufficient discovery answers.

Beavers v. Metro. Life Ins. Co.

(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.

SunCoke En’gy Inc. v. MAN Ferrostaal A.G.

(U.S. 6th Cir., Civil Procedure, Contracts, Trade Secrets) In an action seeking the return of trade secret information, the dismissal of the complaint for lack of personal jurisdiction is reversed, where Defendant’s dealings with Plaintiff in Tennessee and jurisdiction over a highly integrated group of transactions should be adjudicated as a whole and not piecemeal.

Tur v. YouTube, Inc.

(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Per Curiam) In a copyright infringement action that Plaintiff voluntarily dismissed, Defendant’s appeal from the denial of summary judgment is dismissed, where the appeal was moot because the fact that the resolution of the order might have preclusive effect in another action did not create subject matter jurisdiction.

Buckingham v. Gannon

(U.S. 9th Cir., Civil Procedure, Class Actions) In an appeal from the District Court’s order disapproving a settlement of an ERISA class action, the appeal is dismissed, where the order disapproving the settlement did not have “serious, perhaps irreparable, consequences,” and thus was not appealable.

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