Tag Archives Florida

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 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…

The Class Action Fairness Act (“CAFA”) streamlines removal of cases to federal court if certain requirements are met.  A court acquires federal jurisdiction over a class action with at least 100 class members, an amount in controversy in excess of $5,000,000 in the aggregate, and at least minimal diversity of citizenship—i.e. any class member with citizenship diverse from any defendant. …

On May 19, 2014, in what appears to be a growing trend, Manouchar Pierre-Val, a former cheerleader for the Tampa Bay Buccaneers, filed a putative collective action against the team (Pierre-Val v Buccaneers) alleging violations of the Fair Labor Standards Act ("FLSA"). The putative class is defined as “[a]ll Cheerleaders who worked for Defendant within the last three years who…

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.…

The Middle District of Florida recently confirmed the low threshold required for conditional certification of putative collective actions under the Fair Labor Standards Act (“FLSA”).   In Gonzalez v. TZ Ins. Solutions, LLC, Case No. 13-2098, 2014 WL 1248154 (M.D. Fla. March 26, 2014) (Gonzalez v TZ Ins) the plaintiff worked hourly for TZ Insurance as a sales specialist.  The plaintiff filed…

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…

At Graceland Memorial Park South Cemetery, at least three people could not locate their loved ones’ gravesites without the cemetery staff “probing” into burial sites.  Alderwoods Group, Inc. v. Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013) (Alderwoods v. Garcia).  The three plaintiffs sought to certify a class defined by “all persons with family members buried before 1994 in…

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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