Florida

  • September 26, 2024

    NFL QB Haskin's Widow Defamed Dog Breeder, Suit Says

    Current Kansas City Chiefs defensive tackle Mike Pennel Jr. and his dog breeder girlfriend are suing the widow of late Pittsburgh Steelers quarterback Dwayne Haskins for defamation after she allegedly publicly accused them of being frauds and stealing her dogs.

  • September 26, 2024

    Causation Claim Came Early, BP Spill Workers Tell 11th Circ.

    Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.

  • September 26, 2024

    Fla. Court Affirms Loss For Boies' Film Co. In $20M Spat

    A Florida appeals court on Thursday affirmed a private judge's decision siding with an investment firm accused by Boies Schiller & Flexner LLP Chairman David Boies' film development company of making misrepresentations to secure a $20 million investment in a movie starring Natalie Portman that later flopped at the box office.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    Bakery Wants Out Of $16M Payment To Pension Fund

    An Indiana wholesale bakery company asked the Eleventh Circuit on Thursday to reverse an order for the bakery to pay a union pension fund $15.6 million, arguing that the pension fund's interpretation of the Multiemployer Pension Plan Amendments Act conflicts with the plain text of the statute.

  • September 26, 2024

    11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team

    An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.

  • September 26, 2024

    FTX Strikes Deal With MDL Counsel For Ch. 11 Plan Support

    FTX Trading Ltd. has asked a Delaware bankruptcy judge for permission to enact a settlement with plaintiffs and counsel it's facing in multidistrict litigation in Florida, saying the proposed deal would prevent potentially costly legal tussles and bring the plaintiffs on board to support FTX's Chapter 11 plan.

  • September 26, 2024

    Atty Sheehan Owes $144K Fees For 'Frivolous' Big Lots Suit

    Prolific New York-based consumer advocate attorney Spencer Sheehan of Sheehan & Associates PC must cover the approximately $144,000 tab for attorney fees incurred amid the "frivolous" coffee labeling suit he brought against national retailer Big Lots Inc., a Florida federal judge has ordered.

  • September 26, 2024

    Southwest Airlines Touts Big Changes Amid Activist Pressure

    Southwest Airlines on Thursday revealed a number of developments key to a "transformational" plan meant to drive revenue growth as the airline faces pressure from activist investor Elliott Investment Management, including the appointment of a new director and a $2.5 billion repurchase program.

  • September 26, 2024

    Fla. Bar Says Atty's 'False Narrative' Warrants Suspension

    The Florida Bar has fired back at a Georgia-based attorney's bid to avoid a suspension for disparaging an opponent running for 20th Judicial Circuit state attorney in 2018, urging the state Supreme Court to reject his First Amendment defense in the disciplinary matter.

  • September 26, 2024

    MLB Fan Gets Chance To Prove Ohtani Home Run Ball Is His

    A Florida state judge will allow Friday's auction of the ball Major League Baseball superstar Shohei Ohtani hit for a historic home run to begin, but will not let it be sold before an October hearing on whether an 18-year-old fan had the ball snatched from him at the ballpark that night.

  • September 25, 2024

    8th Circ. Told Student Debt Relief Should Remain Blocked

    Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.

  • September 25, 2024

    11th Circ. Reverses DOJ Defeat In $400M Kickback Case

    The Eleventh Circuit on Wednesday held that a lower court should've admitted prosecutors' evidence of alleged co-conspirators in a $400 million health insurance fraud case, finding that an exclusion to the hearsay rule was misapplied by the district court in the closely watched Anti-Kickback Statute litigation.

  • September 25, 2024

    Suit Over Fla. Law Restricting Foreign Land Buys Paused

    A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.

  • September 25, 2024

    Fla. Condo's Irma Suit Dismissed After Settlement With Insurer

    A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.

  • September 25, 2024

    Power Plant Insurers Take GE Arbitration Fight To 11th Circ.

    Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.

  • September 25, 2024

    11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight

    An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.

  • September 25, 2024

    Slovenian Plane Parts Maker Escapes Fla. Fatal Crash Suit

    A Florida appeals court on Wednesday threw out a wrongful death suit against a Slovenian aircraft parts manufacturer, saying an uncontroverted affidavit from the company showing it has no connections to the Sunshine State warrants dismissal for lack of jurisdiction.

  • September 25, 2024

    DACA Intervenors In ACA Suit Resist Stay Of Dismissal Bid

    Recipients of the Deferred Action for Childhood Arrival program seeking to defend their access to Affordable Care Act coverage pressed a North Dakota federal judge to decide if a lawsuit, filed by Republican states, should be dismissed or moved to Washington, D.C., saying their motion to intervene in the suit doesn't have to be decided first.

  • September 25, 2024

    Helene Forcing Shutdown Of Almost Every Courthouse In Fla.

    The vast majority of courthouses in Florida will be closed on Thursday in preparation for the arrival of Hurricane Helene, in the largest shutdown since Hurricane Irma in 2017.

  • September 25, 2024

    St. Thomas Law School Hit With Law Prof's Defamation Suit

    A professor at Miami's St. Thomas Law School has sued the institution in Florida state court, claiming it disseminated defamatory statements about her to a reporter for a story about her reinstatement following a wrongful termination.

  • September 25, 2024

    State Telecom Roundup: States Pass Their Own 'Mini-TCPAs'

    Not content to let the federal government do all the legislating when it comes to telemarketing, states have spent the last couple of years crafting their own "mini-TCPAs" that expand liability beyond the parameters of the federal Telephone Consumer Protection Act and provide private rights of action for their citizens under state laws.

  • September 24, 2024

    Trump Shooting Suspect Indicted For Assassination Attempt

    The 58-year Hawaii man accused of attempting to shoot former President Donald Trump at a golf club earlier this month was indicted Tuesday and is facing several charges including assassination and assaulting a federal officer, according to an announcement from the U.S. Department of Justice.

  • September 24, 2024

    11th Circ. Weighs 'Good Cause' In Franchise Termination Suit

    The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."

  • September 24, 2024

    Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row

    The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."

Expert Analysis

  • What To Know As Children's Privacy Law Rapidly Evolves

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    If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.

  • How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics

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    College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.

  • The Rise Of State And Local Environmental Leadership

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    While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Accidental Death Ruling Shows ERISA Review Standard's Pull

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    The Eleventh Circuit’s recent accidental death insurance ruling in Goldfarb v. Reliance Standard Life Insurance illustrates how an arbitrary and capricious standard of review in Employee Retirement Income Security Act denial-of-benefits cases creates a steep uphill battle for benefit claimants, says Mark DeBofsky at DeBofsky Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

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