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Florida
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 19, 2024
Flooring Co. Asks 11th Circ. To Back 'Inebriated' CEO's Ouster
Flooring manufacturer Interface Inc. told the Eleventh Circuit Tuesday it stands by its decision to fire its CEO after he allegedly got drunk and berated a subordinate at a company function, urging a three-judge panel to affirm a summary judgment ruling that put an end to the former executive's $100 million suit.
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November 19, 2024
Netflix Hit With Suit Over Tyson-Paul Fight Streaming Issues
A man has filed a proposed class action in Florida state court over the streaming glitches during the recent boxing bout between Mike Tyson and Jake Paul, claiming that Netflix owes every affected customer restitution for failing to deliver promised services.
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November 19, 2024
Poll Workers Fight Giuliani Attys' Bid To Exit Collection Cases
Two of Rudy Giuliani's attorneys doubled down Tuesday on their attempt to withdraw as counsel in the $148 million defamation case against him, saying in a redacted letter that the two Georgia poll workers hoping to stop their withdrawal are unaware of the facts that led up to the request.
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November 19, 2024
Nonpracticing Doc Can't Testify In Med Mal Case, Court Says
A Florida state appeals court has affirmed the dismissal of a case accusing a doctor of botching two shoulder surgeries, agreeing with a lower court's findings that a physician-turned-legal-consultant wasn't qualified to testify as the plaintiff's medical expert under the law.
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November 18, 2024
Senate Confirms Fla. Magistrate Judge To 11th Circ.
The Senate voted 49-45 on Monday to confirm U.S. Magistrate Judge Embry J. Kidd of the Middle District of Florida to the U.S. Court of Appeals for the Eleventh Circuit.
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November 18, 2024
Clemson, Florida State Ask NC Top Court To Toss ACC Suits
Florida State and Clemson universities urged the North Carolina Supreme Court to toss lawsuits brought by the Atlantic Coast Conference over grant of rights contracts, saying the institutions' sovereign immunities aren't waived just because they've agreed to be members of the conference.
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November 18, 2024
StraightPath Execs Must Face $386M IPO Fraud Charges
A New York federal judge denied a bid Monday by three principals of Florida-based private equity firm StraightPath Venture Partners to dismiss an indictment accusing them of raising $386 million by defrauding over 2,000 investors through false promises about purchases of pre-IPO shares in private companies.
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November 18, 2024
SEC Sued Over FINRA's One-Day Bond Reporting Timeline
The U.S. Securities and Exchange Commission has been hit with a lawsuit seeking to overturn a newly adopted rule that will require brokerage firms to report bond transactions more quickly, with the suing organization previously claiming there was no evidence justifying a need for such a change.
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November 18, 2024
Chiquita Wants New Bellwether Trial In $38M Paramilitary Case
Chiquita told a Florida federal court that a landmark $38 million bellwether loss to the families of victims of Colombian right-wing paramilitaries was the "product of numerous legal and evidentiary errors" that handicapped the banana company, which now wants a new trial.
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November 18, 2024
HUD Ducks Homeowner's Insurance Overpayment Suit
A Florida federal judge dismissed a homeowner's proposed class action alleging the U.S. Department of Housing and Urban Development failed to refund mortgage insurance premium overpayments, finding the suit seeks sweeping relief that exceeds the court's power.
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November 18, 2024
State Bar Can't Set Limits To Atty Speech, Fla. Justices Told
A Georgia-based attorney doubled down on his First Amendment argument against the Florida Bar's attempt to have him suspended for disparaging an opponent in a 2018 state attorney race, arguing that freedom of speech protections aren't whittled down when someone becomes a lawyer.
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November 18, 2024
11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund
The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 18, 2024
Spirit Airlines Files For Ch. 11 With Equity-Swap Plan
Budget air carrier Spirit Airlines filed for Chapter 11 protection in a New York bankruptcy court Monday with $3.6 billion in funded debt and a preapproved equity swap restructuring plan.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Court Urged To Find OnlyFans Promoted Alleged Rape Video
A Florida woman whose alleged rape video was posted to OnlyFans asked a federal court on Friday to reject a report recommending dismissal of her lawsuit because the company can't be held liable under the Communications Decency Act, saying she never approved the video's upload.
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November 15, 2024
Giuliani Gets New Atty As Poll Workers Seek To Collect $148M
Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.
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November 15, 2024
Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap
A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.
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November 15, 2024
Fla. Health Co. Owner Pleads Guilty In $11M Payroll Tax Case
A Florida healthcare business owner who caused a tax loss to the IRS of nearly $11 million pled guilty in a Miami federal court to failing to pay employment taxes and not filing his income tax returns, the U.S. Department of Justice said Friday.
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November 15, 2024
Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster
Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.
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November 15, 2024
Pharma Biz To Pay $47M To Settle Feds' Kickback Claims
A Florida pharmaceutical company and its chief executive have agreed to pay $47 million to settle claims that their practice of paying for certain patient tests crossed the line into being an illegal kickback to increase prescriptions of an enzyme replacement therapy, Boston federal prosecutors said on Friday.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
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November 14, 2024
Florida AG Says FEMA Failed Trump Supporters After Storms
The Florida Attorney General's Office announced Thursday it has launched a federal lawsuit against the Federal Emergency Management Agency's administrator and a fired agency official over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of President-elect Donald Trump.
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November 14, 2024
'Undead' NFT Maker Cites Discord Messages In New Trial Bid
The developer of the "Undead" series of non-fungible tokens who was convicted of conspiracy to commit money laundering and wire fraud urged a Florida federal court to grant him a new trial, saying that messages from the Discord social media messaging platform undermine allegations that he intended to scam investors.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.