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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
The court reversed the order of the district court dismissing a count of appellee's indictment for an implied "ruse exception" to the Speedy Trial Act, finding that the STA contains no implied ruse exception at least for a prosecution first initiated in state court.
New precedent upholding the validity of "regular use" exclusion in underinsured motorist policies supported trial court's judgment for insurer following accident where insured was injured while operating a regularly-used, employer-owned work vehicle. Judgment of the trial court affirmed.
Defendants moved to compel arbitration and stay litigation pursuant to a contractual arbitration clause. The court granted the motion, holding that plaintiffs' claims alleging unlawful disclosure of confidential tax return information were subject to contractual arbitration under the binding and enforceable arbitration provision contained in defendants' online services agreement.
The court denied defendants' motion to suppress evidence including cell phone tower records obtained in the vicinity of their heist of a shipment of over $230,000 worth of newly minted dimes.
Plaintiff appealed the court's order granting summary judgment to defendant salvage yard owner on plaintiff's personal injury claims. The court concluded that its order should be affirmed where plaintiff offered no causation expert testimony to support his allegation that he was shocked by electricity emanating from defendant's electric fence. The court concluded further that the doctrine of res ipsa loquitur did not apply because plaintiff failed to eliminate other potential causes of his injury apart from defendant's electric fence.
Court dismissed copyright infringement claims relating to apparel/accessory designs where the accused works were sufficiently visually distinct from the protected works. Defendants' motion to dismiss granted in part and denied in part.
Defendant employer moved to dismiss plaintiff's discriminatory termination suit for failure to state a claim. The court granted in part and denied in part defendant's motion, holding in pertinent part that plaintiff's Age Discrimination in Employment Act claim survived dismissal where it stated a viable claim by alleging as facts that plaintiff was over the age of forty, was qualified for the job from which he was terminated, and his replacement was a person of significantly younger age.
Worker could assert adverse employment action based on a denial of accommodation that caused "some harm" to the conditions of employment, although that harm did not need to rise to the level of "serious and tangible." Judgment of the district court affirmed in part and vacated and remanded in part.
Court denied prison officials' motion for summary judgment where there were genuine issues of material fact over whether officials had taken actions to retaliate against plaintiff's stated intention to file grievances. Defendants' motion for summary judgment denied.