Florida Law Firm
FLORIDA LAW FIRM AND TV STATION SUED FOR VIOLATION
OF THE FEDERAL STORED COMMUNICATIONS ACT
A
Florida Law Firm was sued by {a website|your website|an online site|an internet site.} {owner|proprietor|landlord|title-holder} under the Stored Communications Act (SCA), 18 U.S.C.S. 2701 et seq. {in the|within the|inside the|within a} United States District Court {for the|in the|with the|of the} Middle District of Florida. The lower court dismissed the {complaint|objection} {as to|regarding|about|concerning} a co-defendant {out of|from} state firm for lack {of personal|of private|of non-public} jurisdiction and dismissed {the entire|the whole|the complete} action for failure to state a claim. {The website|The web site} owner appealed.
{To gain|To realize|To achieve} {access to|having access to} {the website|the web site} owner's {website|web site|internet site}, one {needed to|necessary to|required to} register, {create a|build a|develop a|produce a} password, and {agree to|comply with|conform to} additional terms that affirmed the non-association with {the television|the tv} company. {The website|The web site} owner alleged that employees {of the|from the|with the|within the|for this}
Florida Law Firm and the other defendants accessed his website's electronic bulletin board without authorization. The Washington firm occasionally represented {the television|the tv} company in Florida courts alongside local counsel. The appellate court determined {that the|how the} Washington firm was properly dismissed for {lack of|insufficient|deficit of|deficiency of} jurisdiction under Fla. Stat. 48.193 (2006), the Florida long-arm statute, because (1) {there was|there is|it has} no allegation of {an agency|workplace|office|place of work} relationship where the Washington firm was the principal {and the|as well as the|along with the|plus the}
Florida Law Firm was its agent, (2) {the website|the web site} owner {did not|didn't} allege that he sustained any personal injury or damage to his physical property, and (3) {there were|there have been} no "continuous and systematic" contacts sufficient to subject the Washington firm to general jurisdiction in Florida. The website owner's SCA claims failed {because the|since the|the} complaint {did not|didn't} allege that {the website|the web site} was configured {to not|not to} be readily accessible by {the general|the overall} public. See Snow v. DirecTV, Inc., 450 F.3d 1314 (11th Cir. Fla. 2006).
Current Florida Litigation Trends (July 2010)
By: Vincent Lynch, Managing Partner of Lynch & Robbins, P.A.At Lynch & Robbins, our Florida lawyers {continually|repeatedly|frequently|constantly|persistently|repetitively} {monitor|observe|scrutinize|examine} {trends|developments} in {recent|current|up to date|latest} {lawsuit|court case} filings in Federal and state courts and administrative tribunals across Florida. We {focus|concentrate|target} our {research|study|do research} and {advice|recommendation|counsel|guidance} to clients on the most {prolific|productive|creative|inexhaustible|fruitful} areas of the moment such as the Fair Labor Standards Act (FLSA), Fair Debt Collections Practices Act (FDCPA), Americans with Disabilities Act (ADA), securities, partnerships, and intellectual property law. We also track {favorable|positive|constructive} developments in our other core practice areas including Commercial Litigation, Product Liability, Franchise, and administrative law cases. Lynch & Robbins has offices in Tampa, St. Petersburg, Orlando and Miami.Florida Court Dockets {Remain|Stay} FloodedThe tidal wave of {foreclosure|foreclosures} and eviction cases coupled with the {reduction|decrease|lessening|drop|decline} in the Florida State Court {budget|financial plan|finances|funds|resources} have {greatly|very much|to a great extent|seriously|significantly} impacted the number of cases on the dockets of the state court judges in Florida. {However|But|Yet|Nevertheless|Conversely}, many Florida judges and their {staff|employees|personnel|workers|workforce|organization} are working hard to {manage|run|direct|administer|supervise} their dockets and we have seen {surprising|astonishing|astounding|unforeseen} progress on state court cases we handle for clients throughout the Circuit Courts of Florida.The Federal Courts in FloridaFLSA, ADA, Fair Debt Collection Practices Act (FDCPA) and intellectual property law cases are among the most filed lawsuits in the Federal Courts in Floridathat encompasses the Southern, Middle and Northern District Courts. Approximately 150 FLSA cases were filed against Florida companies in Federal Court in June of 2010 alone and over 20% of all FLSA lawsuits filed in Federal Court are filed in Florida. Over 50 intellectual property law cases were filed in Federal Court in Florida in June of 2010 including Patent Litigation, Trademark Infringement, and alleged Copyright violations. FLSAIn {response|answer|retort|reaction} to the {extremely|very|tremendously|particularly|exceptionally|exceedingly} high volume of filings in certain areas including the FLSA and ADA, many Federal Judges across Florida including in Tampa, Orlando, Miami and Jacksonville {issue|concern|problem} special scheduling orders to manage and {progress|move forward|advance|proceed|develop} these cases quickly. Some Judges, particularly in the Southern District Courts in Miami and Fort Lauderdale enter orders {allowing|permitting|enabling} for shortened discovery periods and setting cases for a trial date a {relatively|comparatively|somewhat|reasonably} {short|diminutive|brief|rapid} period of time from the date the case was filledotherwise known as a "Rocket Docket." These Judges know that nothing disposes of cases more efficiently than a firm and early trial date.Over 750 lawsuits are filed monthly under the Federal Fair Debt Collection Practices Act and other Consumer Protection Laws in Federal Courts in the United States. At least 30 FDCPA cases were filed in Federal Court in Florida in June, 2010.Employment LitigationEmployment litigation consistently remains one of the most {prolific|productive|fertile|fruitful} areas of litigation in Florida and across the U.S. Over 220 employment {related|connected|associated|interrelated|interconnected} lawsuits were filed against employers in federal court in Florida in June, 2010 including 150 FLSA and 75 employment discrimination cases.Our ExperienceWhether you need an employment lawyer (to defend and FLSA or discrimination case under Title VII, the Florida Civil Rights Act or the ADA), an intellectual property attorney or are {involved|concerned|implicated} in commercial litigation, the lawyers of Lynch & Robbins can help you. We are {committed|fully commited} to providing our clients the most current methods for {preventing|stopping} and defending litigation efficiently and effectively. For more information, please visit us by clicking this link: Florida Lawyers.Vincent Lynch is the Managing Partner of Lynch & Robbins. Mr. Lynch represents businesses, employers and individuals in {complex|multifaceted} federal and state court litigation, arbitration and administrative matters. Mr. Lynch has over 18 years of legal experience, and served as a state and Federal Court law clerk for 4 years before entering private practice. He has been a member of The Florida Bar since 1992. Florida Law FirmBy: Vincent Lynch
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