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Florida
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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June 12, 2024
Microsoft, OpenAI Call Papers' Suit A 'Copycat' Of NYT's Case
OpenAI and Microsoft Corp. have asked a New York federal court to toss the bulk of a copyright complaint from eight newspapers that accuses the companies of stealing their content to develop versions of ChatGPT, contending the lawsuit is modeled after one from The New York Times and saying the allegations mischaracterize the technology.
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June 12, 2024
11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit
An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.
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June 12, 2024
League's Antitrust Case Against US Soccer, MLS Survives
Major League Soccer and the sport's U.S. governing body must face allegations that they colluded to impose standards in a lopsided manner in order to hamper the North American Soccer League, after a New York federal judge refused to toss the claim.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
Loan Co. Owners Say SEC Improperly Expanded Receivership
A couple accused of scamming 1,200 investors out of nearly half a billion dollars asked the Eleventh Circuit on Wednesday to reverse an order expanding a receivership of their merchant loan business, arguing their due process rights were violated when their personal assets were added to the receivership.
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June 12, 2024
Dershowitz Wants Jury To Decide Defamation Suit Against CNN
An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.
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June 12, 2024
Pleading Flaw Sinks $1.5M Malpractice Award In Miami
A Miami appeals court on Wednesday vacated a $1.5 million legal malpractice arbitration award against The Ferraro Law Firm, finding the arbitrator had not followed pleading guidelines fairly in awarding the seven-figure award to the firm's ex-client, Royal Merchant Holdings LLC.
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June 12, 2024
Saul Ewing, Atty Allowed 'Unconscionable' Lease, Suit Says
A former Saul Ewing LLP client who is considered a vulnerable adult is suing the firm and one of its partners, claiming the lawyer failed to negotiate the "unconscionable terms" of a lease that required the client to take out a $400,000 loan and allowed his stepbrother tenant to pay rent one-seventieth the property's market value.
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June 11, 2024
Fed's New Internal Trading Policy Full Of Loopholes, Sens. Say
Sens. Elizabeth Warren, D-Mass., and Rick Scott, R-Fla., have called on Federal Reserve Board Chair Jerome Powell to repeal what they say is a "failed approach" to addressing allegedly illicit trading by Fed officials, saying the long-awaited policy is riddled with loopholes, contains weak penalties and requires no transparency for officials who violate the trading rules.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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State Privacy Laws: Not As Comprehensive As You May Think
As more U.S. states enact privacy laws, companies must be aware that these laws vary in scope and content, meaning organizations should take a stringent approach to compliance by considering notice, choice and data security obligations, among other requirements, says Liisa Thomas at Sheppard Mullin.
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Circuit Rulings Confirm Ch. 11 Trustee Fee Refund Trend
Recent Ninth and Eleventh Circuit rulings that Chapter 11 debtors are entitled to refunds for unconstitutional bankruptcy trustee fees paid under the Bankruptcy Judgeship Act support a developing trend in debtors' favor, making it likely that courts considering the same question will follow suit, says Adam Herring at Nelson Mullins.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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The 7 Most Notable FCRA Cases Of 2023 So Far
Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.
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3 Factors That May Complicate Jury Selection In Trump Trials
As former President Donald Trump prepares to face four trials in Georgia, Florida, New York and Washington, D.C., judges and attorneys in these venues may find it challenging to seat fair and impartial juries for several key reasons, says Richard Gabriel at Decision Analysis.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.