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Case Summaries

Consumer Protection

[11/26] Archer v. Nissan Motor Acceptance Corp.
In a suit under the Equal Credit Opportunity Act (ECOA) and state law, alleging that defendant engaged in discriminatory dealer loans, and misrepresented that plaintiffs were receiving the "best rate" on their car loans, summary judgment for defendants is affirmed where the claims were brought well outside their respective limitations periods, and no judicially imposed equitable doctrine, such as a discovery rule, saved the claims.

[11/10] Sherer v. Green Tree Servicing LLC
In a suit involving Fair Debt Collection Practices Act and Fair Credit Reporting Act claims, denial of a motion to compel arbitration is reversed where the arbitration clause in question bound plaintiff to arbitrate his dispute with defendant, even though defendant was not a signatory to the original agreement. (Revised opinion)

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Dispute Resolution & Arbitration

[12/02] Huschke v. Slater
In a matter involving an order for defendant attorney to pay a discovery sanction, motion to dismiss appeal is granted and court imposes monetary sanctions payable to the courts on defendant's counsel where: 1) the dispute between the parties was resolved by a settlement agreement; and 2) defendant's counsel's violation of rule 8.244 was not just unsatisfactorily explained and unreasonable, but was also injurious to the court, other parties, and taxpayers.

[11/10] Sherer v. Green Tree Servicing LLC
In a suit involving Fair Debt Collection Practices Act and Fair Credit Reporting Act claims, denial of a motion to compel arbitration is reversed where the arbitration clause in question bound plaintiff to arbitrate his dispute with defendant, even though defendant was not a signatory to the original agreement. (Revised opinion)

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Elder Law

[11/12] James v. Richman
In a suit seeking Medicaid benefits, an injunction preventing defendant-Department of Public Welfare from denying benefits is affirmed where: 1) equitable relief was appropriate where plaintiff would be barred by the Eleventh Amendment from seeking monetary damages from the state; 2) plaintiff was not required to exhaust his state-level administrative remedies before seeking federal relief; and 3) a non-revocable, non-transferable annuity purchased by plaintiff's wife did not fit the statutory definition of an "available resource" for purposes of calculating Medicaid eligibility.

[10/23] People v. Slattery
Sentence of time in state prison and payment of restitution to the hospital that treated defendant's mother, for elder abuse, is stricken where the hospital is not a direct victim of the offense, as required by section 1202.4(k)(2).

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Evidence

[12/03] US v. Lee
Convictions for murder for hire conspiracy and a separate conviction for being a felon in possession of a firearm are vacated in part, affirmed in part, and remanded in part where: 1) the district court's erroneous admission of detective's testimony recounting statement made by an alleged participant in the conspiracy who did not himself testify at trial was not harmless beyond a reasonable doubt; 2) the evidence presented at trial to support the conspiracy conviction, including the improperly admitted statement, was legally sufficient; and 3) the district court did not err with respect to the felon in possession of a firearm count.

[12/02] Brumfield v. Hollins
In a 42 U.S.C. 1983 suit brought by survivors of a man who hung himself while being held in a county jail, summary judgment for individual defendants on qualified-immunity grounds, and directed verdict in favor of defendant-county and individual defendants in their official capacity, are affirmed where: 1) defendant-sheriff was not subject to liability on theories of failure to promulgate policies on medical care or failure to supervise; 2) expert medical testimony was reasonably excluded; and 3) defendant-county was not liable as a municipality on either policy or deliberate-indifference theories.

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Injury & Tort Law

[12/02] Greystone Homes, Inc. v. Midtec, Inc.
In an action brought by plaintiff-home builder against defendant-manufacturer for damage caused by plumbing fittings manufactured by defendant, summary judgment for defendant is reversed and remanded where: 1) a builder may recover from a product manufacturer for economic losses caused by the manufacturer's violation of the standards set forth in the Right to Repair Act through an equitable indemnity action; but 2) a builder may not recover for these losses through a direct negligence claim against the manufacturer.

[12/02] Java Oil Ltd. v. Sullivan
In a case brought by plaintiff-corporation pursuant to the Uniform Foreign Money-Judgments Recognition Act (UFMJRA) against attorney who represented client in a personal injury claim, judgment against attorney is affirmed over claims of error that the attorney fee awards entered by a court in Gibraltar: 1) constituted a penalty; 2) violated state public policy; and 3) should not have been recognized.

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Insurance Law

[12/02] Love v. Dell Inc.
In a suit arising from the denial of health benefits under a plan subject to ERISA, summary judgment for defendants is affirmed where two separate decisions by defendant-plan administrator to deny coverage as not medically necessary were supported by substantial evidence in the record, and were therefore not abuses of discretion.

[12/02] U.S. Fidelity & Guaranty Co. v. Liberty Surplus Ins. Corp.
In a per curiam decision related to a commercial general liability insurance policy taken out by a general contractor, the following question is certified to state supreme court: Does the doctrine of Lex Loci Contractus apply to a dispute about coverage that involves a policy for comprehensive general liability insurance, made outside of Florida, that insure the operations of a contractor on a project located in Florida?

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Workers' Comp

[11/21] Lewis v. Workers' Comp. Appeals Bd.
In a worker's compensation issue concerning whether the 2005 Permanent Disability Rating Schedule (2005 Schedule) or the previous 1997 Permanent Disability Rating Schedule (1997 Schedule) applied to the determination of plaintiff-employee's permanent disability, decision by defendant-appeals board finding that the 2005 Schedule applied is annulled and the matter is remanded where: 1) in accordance with legal precedence, an injured worker's condition need not be permanent and stationary for the section 4660(d) comprehensive medical-legal report or treating physician's report to indicate the existence of permanent disability; and 2) if the existence of a permanent disability was indicated in the doctor's treating physician's report of December 17, 2004, in light of the entire record, then the 1997 Schedule applied.

[11/12] Pratt v. Union Pac. R.R. Co.
In a suit against defendant-employer brought under the Federal Employers' Liability Act and the Locomotive Inspection Act for personal injuries suffered at work, a court order prohibiting defendant-railroad company from compelling plaintiff-employee to attend a medical examination or conducting a disciplinary hearing to terminate plaintiff's employment for refusing to provide it with medical evidence justifying his continued absence from work is affirmed where: 1) the trial court had jurisdiction to prohibit extra-judicial discovery because the civil rules of discovery provide independent authority to grant a protective order for misuse of the discovery process; and 2) the trial court did not abuse its discretion by awarding monetary sanctions where the sanctions served not to punish but rather to encourage voluntary compliance with the discovery procedures.

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