237 results for 'court:"USDC Southern District of Florida"'.
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J. Bloom grants clothing manufacturer Adidas final default judgment in trademark infringement claims by permanently prohibiting listed entities from future advertising, marketing, manufacturing, or selling of merchandise bearing the company's logo.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 27, 2024, Case #: 0:23cv62191, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Altonaga largely denies the employer's motion to dismiss the employee's complaint alleging race, sex and disability discrimination, unlawful termination and retaliation for reporting discrimination. The employee has failed to exhaust her administrative remedies as to her unlawful-termination claim, but has adequately stated all of her other claims.
Court: USDC Southern District of Florida, Judge: Altonaga, Filed On: February 26, 2024, Case #: 1:23cv22590, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Altman grants the copyright holder's motion for entry of a default final judgment in its suit against the Instagram poster alleging that the poster used the copyright holder's video of a tornado hitting a truck without authorization. The court has jurisdiction over the case, the holder has sufficiently pleaded copyright infringement, and its requests for $30,000 in statutory damages and injunctive relief are appropriate. Attorneys' fees and costs are also awarded.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: February 22, 2024, Case #: 1:23cv22903, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
J. Rosenberg grants the employer's motion for summary judgment in the employee's suit alleging that she was terminated for complaining about pay disparities. The employee has not provided sufficient evidence for her claims. The emails she presents, in which she contended that women were paid less than men by her employer, are not sufficient to support the claims because they note that the employer's most highly paid senior manager was a woman, they were sent shortly after the employee received criticism about her job performance, and the employee's own words evidence that she was aware her job was at risk before she sent the emails.
Court: USDC Southern District of Florida, Judge: Rosenberg, Filed On: February 22, 2024, Case #: 9:23cv80196, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Bloom dismisses the Commission's appeal of a magistrate judge's denial of its application of an order requiring compliance with an administrative subpoena in its investigation of suspected insider trading in connection with the acquisition of Office Depot by Staples. The magistrate judge did not clearly err in finding that the subpoena was testimonial in nature and therefore subject to fifth-amendment privilege, nor in finding that it had failed to satisfy the "foregone conclusion" test under which otherwise testimonial acts of production may be compelled because the government is already aware of the produced material.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 15, 2024, Case #: 1:23cv22764, NOS: Other Statutory Actions - Other Suits, Categories: Securities, Discovery, Privilege
J. Altman dismisses the former employee's complaint alleging racial discrimination by her onetime employers. One of the entities listed as a defendant is not an actual legal entity, and the employee's complaint is a "shotgun pleading" which provides no specific allegations as to the nature of her allegedly unfair treatment and does not explain which defendant is responsible for which alleged harm. The employee has also failed to timely serve one of the remaining parties and to exhaust her administrative remedies.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: February 14, 2024, Case #: 0:22cv60361-RKA, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Bloom denies the cruise ship operator's motion to dismiss the passenger's slip-and-fall suit. Negligent maintenance, failure to correct and failure to warn claims may be brought under a theory of vicarious liability, and doing so is not, in this case, an attempt to circumvent notice requirements since those causes of action are also alleged under a theory of direct liability. Difficulties in identifying the specific employees responsible for maintaining the deck where the passenger slipped are also not a basis for dismissal.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 14, 2024, Case #: 1:23cv23275-BB, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort
J. Gayles dismisses the medical clinics and professionals' suit against the insurance underwriters seeking a declaration that the underwriters have a duty to defend and indemnify them in actions alleging that they engaged in a scheme to collect personal injury protection benefits for services that were either not medically necessary or not provided to patients involved in auto accidents. The plain language of the providers' insurance policy excludes all of the claims in the underlying suit from coverage.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: February 14, 2024, Case #: 1:20cv23592-DPG, NOS: Insurance - Contract, Categories: Insurance, Indemnification