Cases
The following are some of the cases handled by the firm. If you believe that you are affected by any of the practices described in the cases below or have similar issues please contact the firm:
Talbott et al. v. Lakeview Center, Inc., case number 3:06CV378/MCR/MD, United States District Court, Northern District of Florida.
In this case, eight current and former child protective services and foster care case managers sued their employer, the Lakeview Center, for denying them overtime under the federal wage and hour laws. The employer claimed the employees were exempt from the overtime laws under what is called the “professional” employee exemption. The federal court rejected this defense. It ruled that case managers are not “professionals” under the wage and hour laws and must be paid overtime. After this case, numerous other case managers around the state filed similar class actions, demanding they be paid overtime for hours worked in excess of 40 in a work week. Click here to see the court's February 2, 2010 judgment.
Rudolph v. Florida Department of Corrections, case number 67-02-CA-178, Washington County, Florida, Circuit Court.
Kathy Rudolph and 28 other non-security employees of the Florida Department Corrections brought this class action lawsuit as a class action to correct sexual harassments they have been subjected to by the Department’s failure to stop and minimize sexual harassment of them and the class. Ms. Rudolph and others were repeatedly subjected to harassment by inmates, in particular, the practice of “gunning” or masturbating at them, and with full knowledge the Department did nothing to protect them or train them in how to deal with the harassment. The trial court certified the case as a class action on December 30, 2003. The Court of Appeals affirmed that ruling in September 2004. The case later split up the court in three separate cases. The court tried one of the case with thirteen nurses in Panama City and the jury's verdict was for the nurses awarding substantial damages. Another involving a single nurse, was tried in Ocala, Florida, and the jury ruled that the DOC had sexually harassed her, but did not award any damages. Another with 14 nurses was tried in Ft. Pierce, Florida, and the jury ruled for the nurses and again awarded substantial damages. That case was appealed and the federal court of appeal affirmed the jury's verdict in 2011 in the case of Beckford v. Department of Corrections, 605 F.3d 951 (11th Cir. 2011).
Brillinger v. City of Lake Worth, case number 02-008931 AE, Palm Beach County, Florida, Circuit Court.
Ralph Brillinger, a sergeant with the Lake Worth Police Department, brought this case together with another employee and civilian, against the City based on its blanket policy of recording all incoming and outgoing telephone calls at its Communications Center. The Florida Security of Communications Act makes it illegal for law enforcement agencies to record telephone calls except to 911 lines and published non-emergency numbers.
Cooke v. Merck & Co., case number 5:05-CV-056, United States District Court, Northern District of Florida.
Mary Cooke has brought this case along with five other individuals who were prescribed and purchased Vioxx. The case seeks to recover from the manufacturer of Vioxx damages including a refund of the purchase price paid for Vioxx based on the manufacturer’s failure to warn consumers of the known health dangers posed by the drug. The case is in its early stages.
Chapman and Macon v. Butler & Hosch P.A., C. Victory Butler, Jr., and Robert H. Hosch, Jr., case number 2000-2879, Leon County, Florida, Circuit Court.
Mr. Chapman and Ms. Macon brought this class action suit against the attorney’s Bulter and Hosch and their law firm based on their demanding and collecting illegal attorney’s fees and costs in mortgage foreclosure actions against consumers. The case is brought under Florida Consumer Collection Practices Act, which prohibits illegal debt collection practices. The court certified the case as a class action on May 18, 2005.