Author Scott Anderson

Contract legal work has become the norm for many attorneys who, for whatever reason, are not engaged in a full-time legal practice.  This type of work benefits not only young law graduates who are still searching for their dream job, but also seasoned attorneys who have taken a break from their practice.  The equation is relatively simple: law firms assign…

Recently the Fourth and Fifth District Courts of Appeal took conflicting stances as to whether referral sources can be a legitimate business interest to support enforcement of restrictive covenants through a temporary restraining order (“TRO”). See Infinity Home Care, LLC v. Amedisys Holding, LLC, No. 4D14-3872, 2015 WL 7292837, --- So.3d ---- (Fla. 4th DCA Nov. 18, 2015) Infinity Home;…

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 Florida Second District Court of Appeal recently enforced a restrictive covenant through a temporary restraining order (“TRO”). See Florida Digestive Health Specialist, LLP v. Colina, --- So.3d ----, 2015 WL 6874913 (Fla. 2d DCA Nov. 4, 2015). More specifically, the Second DCA found that a gastroenterologist was bound by a restrictive covenant, which limited how he could compete with…

On November 5th, the Southern District of Florida refused to dismiss a lawsuit filed against JP Morgan Chase Bank by one of its former bank tellers. The plaintiff, a Brazilian citizen, alleged the Bank violated anti-discrimination and retaliation laws under 42 U.S.C. § 1981. He complained the Bank treated him differently than U.S. citizens and non-Brazilian employees and then fired…

On March 14, 2014, we wrote about a district court examining the merits of a plaintiff’s claims when addressing the amount in controversy requirement upon removal of a case from state to federal court.  [Click here to view].  McDaniel v. Fifth Third Bank (M.D. Fla. Feb. 28, 2014). To recap, the plaintiff filed a class action complaint against Fifth Third Bank…

In Bilotta v. Citizen’s Information Associates, LLC, Case No.: 13-2811, 2014 WL 2050853 (M.D. Fla. May 19, 2014) (Bilotta v Citizens), the United States District Court for the Middle District of Florida recently denied the plaintiff’s motion for class certification in a putative class action brought against the owners and operators of bustedmugshots.com, mugshotsonline.com, justmugshots.com, mugshots.mobi, and whosarrested.com (hereinafter “the…

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…

In Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014) (Lemy v. Direct General Finance Co), the plaintiff filed a class action complaint in Florida state court alleging that the insurance company defendants acted in concert to sell a worthless insurance product to a class of plaintiffs in violation of the Florida Insurance Code.  The…

In Davenport v. Elite Model Management Corp., No. 1:13-cv-01061-AJN (S.D.N.Y. Jan. 9, 2014) (Davenport v Elite-1) (Davenport v Elite-2), the court granted preliminary approval to a $450,000 settlement between Elite Model Management (“Elite”) and a group of unpaid interns who claimed the company intentionally misclassified employees as interns to avoid paying them wages and overtime. Dajia Davenport, who worked for…

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…

Although plaintiffs’ counsel is naturally expected to communicate with putative class members, sometimes such communication is improper.  In A.R. ex rel. Root v. Dudek, 2013 WL 5278668 (S.D. Fla. Sept. 19, 2013), the United States District Court for the Southern District of Florida determined that Plaintiffs’ counsel’s and other representatives’ e-mails to putative class members  were not the type of …

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