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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Rule 11 sanctions against plaintiffs counsel were warranted, where plaintiff filed a putative class action alleging that defendant violated the truth in lending act by not providing plaintiff with the required information after extending credit to him for the insurance deductible for his surgery, because there was no extension of credit, plaintiffs counsel failed to even ask for plaintiffs bank records before filing the complaint and the factual allegations in the complaint were completely false. Sanctions granted.
OOR erred in directing department of human services to disclose rates paid to nursing homes by managed care organizations participating in a medical assistance program and basing its determination on Eiseman because DHS did not possess the requested rates.
The Superior Court correctly vacated the trial courts judgment and applied the Terletsky test to decedents bad faith claim against insurer pursuant to Pa.C.S.8371 because trial court erred in demanding proof of insurers subjective motive of ill-will or self-interest. Affirmed
Department of human services properly denied petitioners bid protest because petitioner had notice of the grounds for its HEDIS and SDB protests more than seven days before it filed its protest and learned no additional information at the debriefing, the director used the correct standard of review, the procurement code did not provide protestants any right to discovery and did not give a protestant a right to a hearing. Affirmed.
Respondent was suspended for five years for allowing a shortfall in his IOLTA account; using funds in the account to purchase property knowing there were insufficient funds to cover the check.
Defendant moved to dismiss plaintiffs claims alleging that he suffered adverse employment actions in response to his alleged disability, request for accommodation and FMLA qualified leave and the court found that plaintiff failed to allege facts to show a causal connection between the exercise of his FMLA rights and his termination. Motion granted.
The court granted defendants motions for summary judgment on plaintiffs claims of conversion and fraud in plaintiffs actions based on an alleged investment agreement and the alleged misuse of the funds plaintiff provided.
Worker was properly classified as salaried employee exempt from overtime requirements where she exercised discretion and independent judgment as to staffing, training and discipline, and implementation of the employers policies and procedures. Defendants motion for summary judgment granted.
Trial court erred in finding parent in contempt for failure to encourage childs visitation with other parent, where prior orders did not include requirement for parent to encourage the child, and where record demonstrated that parent followed directives of resource center in terminating visits. Order of the trial court reversed and vacated.
Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.