Case Summaries
Class Actions
[06/09]
Pretka v. Kolter City Plaza II, Inc.
In a class action alleging violations of the Florida Condominium Act as well as breach of contract, the district court's order remanding the action to state court is reversed where: 1) defendant established by more than a preponderance of the evidence that the amount in controversy exceeded $5 million; and 2) the jurisdictional evidence that defendant attached to its opposition to remand should not have been excluded merely because it was submitted in response to the plaintiffs' motion to remand.
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Elder Law
[05/06]
FAL-Meridian, Inc. v. US Dep't of Health & Human Serv.
A nursing home's petition to set aside a final decision by the Department of Health and Human Services, that imposed a civil penalty of $7,100 for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act, is denied as the nursing home failed to tender evidence that would show that it had done everything possible to minimize the risk of an accident to the deceased resident.
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Injury & Tort Law
[06/11]
Waffle House, Inc. v. Williams
In a suit for sexual harassment against an employer under the Texas Commission on Human Rights Act (TCHRA) and common law negligent supervision and retention, judgment of the court of appeals is reversed and remanded as, where the gravamen of a plaintiff's case is TCHRA-covered harassment, the Act forecloses common law theories predicated on the same underlying sexual harassment facts, and here, plaintiff's negligence claim is premised on the same conduct that the TCHRA deems unlawful.
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