terry's takes
Filtered by category: motion to dismissJune 7, 2023
4th dca, motion to dismiss, sovereign immunity florida, writ of prohibitionSeminole Tribe of Florida v. Manzini
manzini is the plaintiff in a negligence action against the seminole tribe of florida. the tribe is federally recognized, so it is entitled to sovereign immunity over all claims that are not abrogated by congress or waived by the tribe itself.
read moreMay 26, 2023
6th dca, motion to dismiss, personal jurisdictionTraveler Insurance Facilities, PLC v. Naples Community Hospital, Inc.
the underlying action involves a dispute over allegedly unpaid or underpaid claims for emergency medical services rendered to several foreign patients by naples community hospital, inc. (nch)
read moreMay 24, 2023
4th dca, motion to dismiss, personal jurisdictionLornamead, Inc. v. Fleemin
In this case, the Fleemins filed a product liability suit against Lornamead, claiming Joanne Fleemin developed mesothelioma from using Yardley talcum powder. The trial court initially denied Lornamead’s motion to dismiss, believing it sold the product in Florida. On appeal, the DCA found that Lornamead’s limited distribution to Walgreens in the U.S.—and lack of Florida-specific business operations—did not establish sufficient contact with Florida to meet personal jurisdiction requirements. The DCA ruled that mere placement of a product in the general market, without targeted efforts toward the state, does not fulfill jurisdictional standards. Lornamead was dismissed from the case.
read moreMay 10, 2023
1st dca, defamation, internet service provider liability, libel, motion to dismiss, personal jurisdiction, summary judgement standardWhite v. Discovery Communications, LLC
okay, here’s a fun one. nathaniel white shares a name with a serial killer from new york. a reality/crime tv show entitled “evil lives here” aired an episode called “i invited him in” that featured the serial killer, mr. white. but—doh!--the show actual...
read moreMay 10, 2023
3rd dca, class actions, motion to dismiss, standingPet Supermarket, Inc. v. Eldridge
eldridge visited a pet supermarket store in december 2017 in miami, florida. during the visit, eldridge learned about the store’s promotion in which customers could text the word “pets” to the short code “65047” and be entered into a contest to win free...
read moreFebruary 11, 2023
2nd dca, medical malpractice, motion to dismiss, petition for certiorari, writ of certiorariHalsey v. Hoffman
ms. hoffman sued dr. halsey and two medical businesses for defamation per se, slander per se, and negligent and intentional infliction of emotional distress. hoffman alleged that dr. halsey, an asthma, allergy, and immunology specialist, falsely and mal...
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