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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"
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Bad faith insurance claim failed where plaintiff failed to plead sufficient facts of unreasonable conduct by insurer or facts that would support an inference of unreasonableness in the insurer's settlement offer. Defendant's partial motion to dismiss granted.
Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.
Defendants sought summary judgment in plaintiff's slip and fall premises liability case. The court denied defendants' summary judgment motions, concluding that fact issues existed regarding negligence and constructive notice on the part of the property owner and its landscaping company where the landscaper had piled snow on a paved parking area, potentially leading to melting and re-freezing that led to plaintiff's fall on a patch of black ice.
Lanham Act and state law claims arising from misappropriation of likeness were timely under the doctrine of laches and the discovery rule, given defendants' apparent attempt to conceal the true identity of the persons in the misappropriated images. Defendants' motion to dismiss denied.
Zia Shaikh filed for divorce in July 2013 and subsequently initiated numerous lawsuits against various individuals and entities he believed were connected to the divorce proceedings.
Mandamus relief seeking entry of default judgment in underlying action denied where petitioner failed to demonstrate that he correctly effected service upon the defendant in the underlying action. Respondents' preliminary objections sustained, case dismissed without prejudice.
Plaintiff plausibly pled discrimination and hostile work environment claims by alleging numerous instances of hostile and discriminatory behavior from co-workers and supervisors that appeared to be motivated by plaintiff's transgender status. Defendant's motion to dismiss denied in part and granted in part.
Defendants sought partial dismissal of a company's claims arising from a former executive's alleged inducement of the company's employees to work for a competitor. The court concluded that plaintiff's allegation of breach of fiduciary duty against its former executive was not barred by the gist of the action doctrine where defendant had a common law duty of loyalty to plaintiff apart from his contractual agreement not to solicit plaintiff's employees or customers.
Constitutional claims arising from no-trespassing ban implemented following alleged violation of facemask policy failed where there was reasonable suspicion and/or probable cause to support plaintiff's detention, arrest, and prosecution. Defendants' motions to dismiss granted.
Plaintiff employee and defendant employer moved for approval of their settlement agreement in plaintiff's action for alleged violations of the Fair Labor Standards Act and Pennsylvania wage and hour laws. The court denied the motion where the parties' proposed confidentiality agreement and overly broad release language frustrated the FLSA's purpose.