Florida

  • June 14, 2024

    Fla. Court Says Navy Vet Can Sue CNN For Punitive Damages

    A Florida state appellate court has ruled that a Navy veteran turned private contractor can include punitive damages in his defamation lawsuit against CNN, saying he made a "sufficient preliminary evidentiary showing" of malice over the network's reporting on evacuating citizens of Afghanistan in 2021.

  • June 14, 2024

    11th Circ. Shows Insurers Preference In D&O Coverage Row

    The Eleventh Circuit appeared poised to affirm a Florida district court's finding that the successor of an insurance services firm is not owed coverage for underlying shareholder-related litigation under 2017 claims-made policies because the claims are connected to ones made under a 2016 policy.

  • June 14, 2024

    Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.

  • June 14, 2024

    Fla. Says Justices' Ruling Dooms Suit Against State Law

    Florida tried Friday to bolster its arguments against a farmworker group challenging a state law that criminalizes the transportation of unauthorized immigrants, arguing that the U.S. Supreme Court's decision Thursday over access to an abortion medication undercuts the group's quest for standing.

  • June 14, 2024

    GOP AGs Demand Stay For DOL's H-2A Protections Rule

    Seventeen Republican attorneys general requested a pause on the effective date for the U.S. Department of Labor's final rule covering foreign farmworkers within the H-2A visa program, telling the court that the rule provides protections that U.S. citizen agricultural workers lack under federal labor law.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

  • June 14, 2024

    SEC Says Bahamas Firm Was Set Up To Skirt Day Trading Rules

    The U.S. Securities and Exchange Commission opened its case Friday against high-frequency trading expert — and former government informant — Guy Gentile, telling jurors in Florida federal court that he set up a broker-dealer in the Bahamas specifically to evade U.S. day trading regulations designed to protect American investors.

  • June 14, 2024

    Mistrial Declared In Florida Student Debtor Lawsuit

    A Florida federal judge on Friday declared a mistrial in the lawsuit against a Boca Raton-based law firm accused of falsely promising to eliminate student loan debts in exchange for a fee following testimony from a former client.

  • June 14, 2024

    Florida Says It Can Control Own Speech In 'Stop WOKE' Suit

    Florida officials urged an Eleventh Circuit panel on Friday to unblock a state law known as the Stop WOKE Act that restricts classroom discussion of race and gender, saying it does not violate the First Amendment because government should be allowed to "freely select the views it wants to express."

  • June 14, 2024

    Steakhouse Can't Shake Off $2.5M Verdict In NJ Injury Suit

    A New Jersey federal judge has denied Outback Steakhouse's bid for a new trial after a jury awarded $2.5 million to a woman who slipped and broke her hip and femur in one of its Garden State restaurants, stating the company was late with some arguments and unconvincing with others.

  • June 14, 2024

    Trucking Co. Whittles $11.5M Suit Over Stolen Cellphones

    A North Carolina federal court pared an $11.5 million lawsuit brought by a cellphone dealer and its insurer after a truckload of devices was stolen, reasoning that a negligence claim was preempted.

  • June 14, 2024

    Fla. Bar, State High Court Beat Atty's Racketeering Suit

    A Florida attorney who faces disbarment for "brandishing a dangerous weapon" was not wrongfully prevented from changing his status to "permanent retirement" instead, a federal judge has ruled, dismissing the disgruntled attorney's lengthy racketeering lawsuit against the Supreme Court of Florida and the Florida Bar.

  • June 14, 2024

    Florida Attorney, Philly Firm Settle Pay Dispute

    A Florida-based attorney who ran a side business as a litigation fee expert while also working for a Philadelphia-based personal injury law firm has settled her allegations that the firm stiffed her on a referral fee.

  • June 14, 2024

    Former IT Worker Wants Outright Win In FMLA Suit

    A former information technology worker asked a Florida federal court Friday to reconsider a win it denied him in his lawsuit alleging he was fired after he took medical leave to treat anxiety, arguing the court should have found his company acted illegally.

  • June 13, 2024

    Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP

    A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."

  • June 13, 2024

    Paralyzed Motocrosser Fights To Keep Negligence Suit Afloat

    A motocross rider paralyzed during a practice run at the 2020 Supercross Championship pushed back against the American Motorcycle Association's bid to toss his negligence claim against it, arguing that the waiver the event organizer says relieves it of liability is not enforceable.

  • June 13, 2024

    Theater Co. Cites Prior Ruling Against Cruise Biz In IP Suit

    A Louisiana theatrical production company is urging a Florida state court to rule in its favor on damages in a lawsuit alleging Celebrity Cruises Inc. continued to use intellectual property beyond licensing agreements, saying the issue was already ruled on in a previous lawsuit between the same parties.

  • June 13, 2024

    Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told

    A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.

  • June 13, 2024

    Data Center Developer Secures Upsized $9.2B Investment

    Hyperscale data center campus company Vantage Data Centers said it has secured a $9.2 billion equity investment from DigitalBridge Group Inc. and Silver Lake, which is nearly $3 billion more than anticipated when the investment was first announced back in January.

  • June 13, 2024

    Fisher Phillips Adds Ex-Weiss Serota Employment Atty In Fla.

    Employer-side labor and employment firm Fisher Phillips is continuing its Florida growth with a new of counsel in Fort Lauderdale who is a former partner at Weiss Serota Helfman Cole & Bierman PL.

  • June 13, 2024

    Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'

    The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.

  • June 13, 2024

    Rains, Flooding Shut South Florida Courthouses

    Heavy rains that brought flash flooding to South Florida and prompted local leaders to declare states of emergency shut down courthouses throughout the area on Thursday because of concerns about safe access to flooded downtown areas.

  • June 12, 2024

    Fla. Court Revives Student Pilots' Deceptive Claims Suit

    A Florida appeals court on Wednesday revived a deceptive and unfair practices claim against the owner of a flight school contractor after finding that the former students suing him had presented enough evidence to support their claim.

  • June 12, 2024

    DeSantis Doesn't Have To Turn Over Judicial Advisers' Info

    A Florida appeals court on Wednesday affirmed the dismissal of a petition to force Gov. Ron DeSantis to turn over information about the conservative advisers he consults to vet judicial nominees, but refused to affirm the lower court's conclusion that executive privilege shielded the governor from producing the documents.

  • June 12, 2024

    Prosecutor Drops Extortion Case Against Fla. Securities Atty

    A Florida state prosecutor on Wednesday dropped a felony extortion charge against a securities litigation attorney who was accused of threatening to expose an accuser's criminal past if she didn't resign from their condominium board, saying an investigation revealed that there wouldn't be a reasonable likelihood of conviction.

Expert Analysis

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Opinion

    The Case For Overturning Florida Foreclosure Ruling

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    A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Reverse Veil-Piercing Ruling Will Help Judgment Creditors

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    A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.

  • Ensuring Nonpublic Info Stays Private Amid SEC Crackdown

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    Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

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