46 Fla. L. Weekly D1795a MARY IWANICKI, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D19-4583. August 11, 2021. Appeal from the Circuit Court for Hillsborough County; Cheryl K. Thomas, Judge. Counsel: Jeffrey S. Pekar of Pekar Law, P.A., Tampa, and Jason A. Herman of Herman & Wells, P.A., Pinellas Park, for Appellant. […]
Articles
Insurance — Bad faith — Third-party bad faith — Contracts — Cunningham agreements — Limitation of actions — Trial court erred in dismissing bad faith action based on conclusion that claim was barred by statute of limitations — Parties’ modified Cunningham agreement, which was intended to serve as the functional equivalent of the excess judgment needed to pursue third-party bad faith claim, did not constitute the functional equivalent of an excess judgment until the court approved it one year after both parties had signed it — Trial court’s conclusion that agreement did not require court approval was not supported by the plain language of the agreement, and was inconsistent with the parties’ stated purpose for entering the agreement — Because bad faith action was filed within four years from date trial court approved parties’ agreement, the action was not barred by statute of limitations
46 Fla. L. Weekly D1796a WRIGHT INSURANCE AGENCY, INC. and ANTHONY WRIGHT, Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D19-1068. August 11, 2021. Appeal from the Circuit Court for Pinellas County; Patricia A. Muscarella, Judge. Counsel: Jason Mulholland of Mulholland Law, P.A., Tampa, for Appellants. Lee W. Marcus of Marcus […]
Torts — Dismissal — Denial of motion — Appeals — Certiorari — Petition seeking review of order denying motion to dismiss complaint for pure bill of discovery and directing petitioner to file an answer is denied because petitioner failed to demonstrate irreparable harm
46 Fla. L. Weekly D1816a IMC MEDICAL CENTERS, LLC and JOSEPH YORK a/k/a JOSEPH ZUMWALT, Petitioners, v. JOHN DELUCA, Respondent. 4th District. Case No. 4D21-853. August 11, 2021. Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Nicholas Richard Lopane, Judge; L.T. Case No. CACE20-16525 (03). Counsel: Richard […]
Civil rights — Racial discrimination in contracting — Section 1981 action against hotel brought by former guest, alleging one of hotel’s employees falsely accused guest of engaging in inappropriate behavior at pool, that employee/towel attendant did so because she harbored animus against Arabs, and that employee’s accusation led to guest’s eviction — District court erred in dismissing case with prejudice for failure to state claim under section 1981 — Plaintiff plausibly alleged circumstantial prima facie case for racial discrimination in contracting sufficient to survive motion to dismiss — Plaintiff adequately alleged that he and his fiancée were treated differently from non-Arab guests who were engaged in the same basic conduct at the pool; that employee intended to cause contractual injury; and that employee’s racial animus in fact caused his contractual injury — Hotel’s liability — “Cat’s paw” theory of liability, pursuant to which a defendant may be held liable for racial animus of non-decisionmaking employee, is not incompatible with section 1981, which requires a plaintiff to show that race was the but-for cause of injury rather than just a motivating factor
29 Fla. L. Weekly Fed. C30a RAMI ZIYADAT, Plaintiff-Appellant, v. DIAMONDROCK HOSPITALITY COMPANY, d.b.a. The Westin Beach Resort Fort Lauderdale, Defendant-Appellee. 11th Circuit. Case No. 20-10485. July 13, 2021. Appeal from the U.S. District Court for the Southern District of Florida (No. 0:19-cv-61374-WPD). (Before JILL PRYOR, NEWSOM and MARCUS, Circuit Judges.) (NEWSOM, Circuit Judge.) This […]
Civil rights — Disabled persons — Americans with Disabilities Act — Exemptions — Private clubs — Member of yacht club sued club for discrimination and retaliation under Americans with Disabilities Act and Florida Civil Rights Act based on club’s refusal to let her bring her service dog into clubhouse and club’s suspension and expulsion of her from its membership after she filed administrative complaint with local civil rights authority — Discrimination — District court erred in granting club summary judgment on discrimination claims based on club’s status as private club exempt from ADA — Record does not establish that club is a “private club” exempt from Title III of ADA or Florida Civil Rights Act — Based on text of statute and binding precedent, Eleventh Circuit derived a general definition of private club: “A ‘private club’ is an organization that uses ‘self-government and member-ownership’ and pursues a ‘plan or purpose of exclusiveness’ by acting to ensure ‘seclusion from others in critical aspects of the relationship[s]’ between members at its facilities” — Club is not entitled to benefit of private-club exception where record does not establish that club acts to ensure “seclusion from others in critical aspects of the relationships between members” at club facilities, and club failed to develop an undisputed record that it pursues a plan or purpose of exclusiveness — Retaliation — District court did not err by granting club summary judgment on retaliation claim under Title V of ADA, alleging club retaliated against its member for filing administrative complaint with local civil rights authority, where club stated that it suspended and expelled member in part because she was living on her boat in violation of city lease and club rules and member failed to rebut club’s proffered nondiscriminatory liveaboard justification for member’s suspension and expulsion either before district court or on appeal
29 Fla. L. Weekly Fed. C23a SAMANTHA RING, Plaintiff-Appellant, v. BOCA CIEGA YACHT CLUB INC., Defendant-Appellee. 11th Circuit. Case No. 20-11571. July 12, 2021. Appeal from the U.S. District Court for the Middle District of Florida (No. 8:19-cv-00772-VMC-JSS). (Before WILLIAM PRYOR, Chief Judge, LUCK, Circuit Judge, and MARKS,* District Judge.) (WILLIAM PRYOR, Chief Judge.) This […]