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FLSA

Current Florida Litigation Trends (July 2010)

By: Vincent Lynch, Managing Partner of Lynch & Robbins, P.A.

In up to date court case filings in Federal and state courts and administrative tribunals across Florida, Lynch & Robbins, our Florida lawyers repetitively scrutinize trends. We center our attention and our do research and counsel to clients on the most prolific 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 keep an eye on positive developments in our other core practice areas including Commercial Litigation, Product Liability, Franchise, and administrative law cases. Lynch & Robbins has law firms in Tampa, St. Petersburg, Orlando and Miami.

Florida Court Dockets Stay Flooded

The tidal wave of foreclosure and eviction cases coupled with the reduction in the Florida State Court funds have to a great extent impacted the number of cases on the dockets of the state court judges in Florida. Conversely, many Florida judges and their organization are working hard to direct their dockets and we have seen unforeseen progress on state court cases we handle for clients throughout the Circuit Courts of Florida.

The Federal Courts in Florida

FLSA, ADA, Fair Debt Collection Practices Act (FDCPA) and intellectual property law cases are among the most filed lawsuits in the Federal Courts in Florida-that encompasses the Southern, Middle and Northern District Courts. So far over 20% of all FLSA lawsuits filed in Federal Court are filed in Florida and approximately 150 FLSA cases were filed against Florida companies in Federal Court in June of 2010 alone. 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.

Concern in special scheduling orders to manage and develop cases quickly in retort to the exceptionally high volume of filings in certain areas including the FLSA and ADA, many Federal Judges across Florida including in Tampa, Orlando, Miami and Jacksonville. Some Judges, particularly in the Southern District Courts in Miami and Fort Lauderdale enter orders allowing for shortened discovery periods and setting cases for a trial date a somewhat rapid period of time from the date the case was filled-otherwise 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. In June, 2010, 30 FDCPA cases were filed in Florida Federal Court.

Employment Litigation

Employment litigation consistently remains one of the most fruitful areas of litigation in Florida and across the U.S. Over 220 employment related litigation lawsuits were filed against employers in federal court in Florida in June, 2010 including 150 FLSA and 75 employment discrimination cases.

Our Experience

Whether 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 implicated in commercial litigation, the lawyers of Lynch & Robbins can help you. We are commited to providing our clients the most current methods for stopping and defending litigation efficiently and effectively. For more info, please visit our website @ www..floridalawyer.com.

Lynch & Robbins, Vincent Lynch is the Managing Partner. Mr. Lynch represents businesses, employers and individuals in complex federal and state court litigation, arbitration and administrative matters. Mr. Lynch served as a state and Federal Court law clerk for 4 years before entering private practice and has over 18 years of legal experience. Member of The Florida Bar since 1992.

Tags: ADA, Florida Attorneys, Florida Lawyers, FLSA