JOSEPH Y. KONIKOV, AKA YOSEF KONIKOV AND CHANA KONIKOV, APPELLANTS,

v.

SANDLAKE HILLS, SECTION II, HOMEOWNERS' ASSOCIATION, INC., APPELLEE

Citator

Cited By (19 total)

• R.J. Reynolds Tobacco Co. v. Jimmie Lee Brown to the Estate of Roger Brown, 70 So. 3d 707 (Fla. 4th DCA 2011)
  …ed. In Phase I of Engle, “common issues” relating to “the defendants’ conduct and the general health effects of smoking” were litigated, not the entire causes of action. Engle III, 945 So. 2d at 1256; see also Rice-Lamar v. City of Fort Lauder-dale, 853 So. 2d 1125, 1131 (Fla. 4th DCA 2003) (stating that issue preclusion “does not require prior litigation of an entire claim, only a particular issue”). Therefore, we conclude, as Martin did, that individual post-Engle plaintiffs need not prove the conduct elemen…
• Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013)
  …. 4th DCA 1997) (citations omitted). As a statute that serves a remedial purpose, the FWA “should be construed liberally in favor of granting access to the remedy so as not to frustrate the legislative intent.” Rice-Lamar v. City of Fort Lauderdale, 853 So. 2d 1125, 1132 (Fla. 4th DCA 2003). Moreover, due to similarities in application, the Eleventh Circuit has recognized that “retaliation claims under the [FWA] are analyzed in the same manner as Title VII retaliation claims.” U.S. ex rel. Vargas v. Lackmann F…
• Fla. Dep't of Child. & Families v. Gerolyn Shapiro, 68 So. 3d 298 (Fla. 4th DCA 2011)
  …1895, Florida Statutes (2007), a plaintiff must demonstrate: (1) he engaged in protected activity; (2) he suffered an adverse employment action; and (3) there is a causal [*306] relation between the two events. Rice-Lamar v. City of Fort Lauderdale, 853 So. 2d 1125, 1132-33 (Fla. 4th DCA 2003) (quoting Olmsted v. Taco Bell Corp., 141 F. 3d 1457, 1460 (11th Cir.1998)). To establish a causal connection, “ ‘a plaintiff need only show that the protected activity and the adverse action were not wholly unrelated.’…