Category Archives Dispositive Motion

Recently, in Diamond v. Hospice of Florida Keys, Inc., Case No. 15-CV-10007-KING, 2015 WL 7758513, at *5 (S.D. Fla. Dec. 1, 2015), the Southern District of Florida granted summary judgment in a Family Medical Leave Act (“FMLA”) interference and retaliatory case.  In doing so, the Court rejected a plaintiff’s illogical arguments and unsupported assumptions to find there was no genuine…

The Third Circuit recently adopted the predominant benefit test to determine whether employees’ meal periods are compensable under the FLSA. In Babcock v. Butler County, Case No.: 14-1467 (3d. Cir. Nov. 24, 2015), the plaintiff, a corrections officer at the Butler County Prison, alleged that Butler County failed to properly compensate her and those similarly situated for overtime.  In this…

The United States District Court for the Southern District of Florida recently addressed two important legal issues: (1) interpretation of Florida’s Economic Loss Rule and (2) the framework for addressing a motion to strike class allegations under Fed. R. Civ. P. 12(f).   In Gill-Samuel v. Nova Biomedical Corp., Case No.: 13-62591, 2014 WL 1661496 (S.D. Fla. April 8, 2014) (Gill-Samuel…

The United States District Court for the Southern District of Florida recently joined other courts in holding that a settlement offer to a putative class representative before class certification is sought for all the relief to which the plaintiff is entitled warrants dismissal of the case.  In Barr v. Harvard Drug Group, LLC, Case No.: 13-62019, 2014 WL 2612072 (S.D.…

In Paylor v. Hartford Fire Ins. Co., 6:11-cv-00059-PCF-TBS (11th Cir. April 8, 2014), the Eleventh Circuit enforced a severance agreement that waived an employee’s rights under the Family Medical Leave Act (“FMLA”) for past conduct of the employer.  The plaintiff, Blanche Paylor, worked for Hartford as a disability analyst.  Between January 2008 and September 2009, she used 390 hours of…

An illegal gambling establishment in Alabama faced additional legal woes when it was sued by a class of former employees for allegedly violating the Worker Adjustment and Retraining Act (“WARN Act”) when it laid off its employees without giving them any formal notice. Sides v. Macon County Greyhound Park, Inc., 725 F.3d 1276 (11th Cir. 2013).  Macon County Greyhound Park,…

When Robert Toback filed a class action against nutrition store, GNC, alleging that the company’s Vitapak supplement did not perform as advertised, he focused his allegations on only glucosamine and chondroitin - two of the many ingredients of the product.  Toback v. GNC Holdings, Inc., 2013 WL 5206103 (S.D. Fla. Sept. 2013) (Toback v. GNC).  In his claim under the…

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