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Florida
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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.
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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.
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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.
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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.
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September 24, 2024
Trump Shooting Suspect Indicted For Assassination Attempt
The 58-year-old 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 attempted assassination and assaulting a federal officer, according to an announcement from the U.S. Department of Justice.
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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."
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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."
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September 24, 2024
Fox Exec Must Show Cell Data In Smartmatic Defamation Suit
A Florida state court judge has ordered a Fox News board member to turn over cellphone data in connection to a New York defamation lawsuit over unfounded reports that Smartmatic USA Corp.'s voting systems helped rig the 2020 election, finding the phone may contain relevant information to the case.
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September 24, 2024
Fla. Staffing Co. Owners Charged With Immigration, Tax Fraud
A pair of Ukrainian nationals are charged with immigration fraud and money laundering conspiracy stemming from a yearslong scheme of hiring nonresident aliens ineligible to work in the U.S. to their labor staffing companies, according to an indictment unsealed Monday in Florida federal court.
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September 24, 2024
Red States Back Florida In CWA Permit Program Fight
Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.
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September 24, 2024
Ala. Can Enforce Own Interstate Clean Air Plan, 11th Circ. Told
Alabama told an Eleventh Circuit panel Tuesday that the U.S. Environmental Protection Agency overstepped its authority when denying the state's plan to implement rules limiting harmful interstate emissions under the Clean Air Act, saying the law gives states the "primary" authority to combat air pollution.
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September 24, 2024
11th Circ. Unleashes Swarm Of 'Hypos' In Fla. Pronoun Case
An Eleventh Circuit panel on Tuesday peppered attorneys with hypothetical scenarios as they attempted to hammer out the bounds of public school teachers' free speech protections in the classroom, in a case by transgender and nonbinary Florida educators that could ultimately affect other state employees.
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September 24, 2024
Trio Used Penny Stock Co. For Wide-Ranging Fraud, SEC Says
A trio of defendants faces U.S. Securities and Exchange Commission allegations they orchestrated a wide-ranging investment scheme to illegally profit off of a purported solar company and bogus claims about a rapid COVID-19 test, targeting investors and even the company's own transfer agent to enrich themselves.
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September 24, 2024
11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute
The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.
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September 24, 2024
A Lawyer Promised Clients Fast Action. Then He 'Disappeared'
Dozens of ex-clients of a Florida lawyer have accused him of orchestrating a racketeering scheme in which clients were duped into paying nonrefundable retainer fees for legal services that were never delivered, allegedly causing a couple to lose their home while others lost custody of their children.
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September 24, 2024
Courthouses Begin Shutting Down As Fla. Braces For Storm
Courthouses on Florida's Gulf Coast are beginning to shut down as Tropical Storm Helene — expected to be a major hurricane by the time it makes landfall in the Sunshine State — barrels its way north toward the panhandle.
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September 24, 2024
Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.
A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.
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September 23, 2024
Calif. Schools To Limit Or Ban Cellphones Under New Law
California Gov. Gavin Newsom on Monday signed into law a bill requiring Golden State school districts to limit or ban students from using smartphones during school hours in a bid to address mental health issues among the state's youth.
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September 23, 2024
Judge Grants Ex-Admiral, Contractors Separate Bribery Trials
The Washington, D.C., federal court agreed on Monday to sever a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward.
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
'Ghost Candidate' Testifies In Trial Against Ex-Fla. Sen.
Attorneys for former Florida Senator Frank Artiles tried to poke holes Monday in witness Alex Rodriguez's credibility, painting him as a liar who was trying to scam Artiles instead of an unwitting participant in Artiles' scheme to prop him up as a "ghost candidate" to swing a state senate election to a Republican candidate.
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September 23, 2024
Court Sinks Antitrust Claims Against Suns Owner
A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
US Can't Pin Clean Water Act Violation On Fla. Farmer
A Florida federal judge recommended that a court rule in favor of a landowner sued by the government for allegedly violating the Clean Water Act after polluting wetlands to build a farm, saying a man-made ditch bordering the property isn't technically connected to navigable waters of the United States.
Expert Analysis
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Navigating Harassment Complaints From Trans Employees
The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Parsing Insurance Issues After Mass Shooting 'Occurrences'
A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
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.
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The Art Of Asking: Leveraging Your Contacts For Referrals
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.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
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.
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Series
Being An Equestrian Makes Me A Better Lawyer
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.