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Florida
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July 11, 2024
Celebrity Cruises Settles Suit Over Ship Morgue Failure
The family of a man who died aboard a Celebrity Cruises ship and whose body decomposed after being stored in an ill-equipped cooler told a Florida federal court Wednesday that they had settled their dispute with the cruise line, just days before the case was set to go to trial.
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July 11, 2024
Florida Slams Racial Gerrymandering Suit
Florida's secretary of state and House of Representatives have asked a federal court to dismiss a lawsuit challenging four congressional districts and seven House districts as racially gerrymandered, arguing that the challengers failed to show that race was the predominant factor in how the districts were drawn.
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July 11, 2024
Clemson Can't Toss ACC's Media Rights Suit From NC Court
Clemson University has come up short in its attempt to end the Atlantic Coast Conference's suit over media rights and conference exit fees after a North Carolina state judge ruled that as an ACC member, the university had given conference leaders the right to sue in the state.
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July 11, 2024
Fla. Ex-Judge Who Inflated Campaign Finances Disbarred
The Florida Supreme Court on Thursday disbarred a former county court judge for various ethical violations, including inflating campaign finances, making misrepresentations in his application for a judicial nominating commission seat and misconduct during the disciplinary proceedings.
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July 11, 2024
Cruise Ship Co. Sanctioned With Fees In Sexual Assault Suit
Carnival Corp. will have to pay fees related to a discovery dispute stemming from a $10.2 million sexual assault personal injury lawsuit, a Florida federal judge has ruled in a sanctions order, finding that the cruise company must pay a portion of the legal bills of a female passenger after "clear" discovery violations occurred.
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July 11, 2024
Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail
A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.
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July 11, 2024
GM's $50M Faulty Fuel Pump Deal Gets Early OK
A Michigan federal judge on Thursday indicated he would give the initial approval to a $50 million settlement to end class claims that General Motors LLC sold trucks with faulty fuel pumps, clearing the way for GM to drop a Sixth Circuit appeal.
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July 10, 2024
Acquitted Fla. Atty's Bankruptcy Case Converted To Ch. 7
A Florida federal bankruptcy judge denied a request Wednesday by an attorney who was acquitted last year in a billion-dollar medical fraud scheme to dismiss his Chapter 11 case and instead converted it to Chapter 7 proceedings, saying the debtor has no job and no way to pay creditors.
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July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
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July 10, 2024
Florida Court Overturns $2M Med Mal Arbitration Award
A Florida appeals court on Wednesday effectively vacated an arbitration award of more than $2 million in a suit accusing a hospital of causing a stroke patient's death due to alleged malpractice, saying proposed expert testimony regarding the patient's life expectancy should've been admitted.
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July 10, 2024
Ex-VP Of Fla. Aerospace Co. Sentenced To Prison For Fraud
The former vice president of a Miami-based aerospace company was sentenced to just over a year in federal prison after he pled guilty to fraud-related charges in connection to a scheme that involved embezzling millions of dollars and splitting the proceeds with a co-conspirator.
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July 10, 2024
Fla. Judge Will Issue Sanctions For Delay In Tesla Crash Suit
A Florida state judge said Wednesday he will issue sanctions over a failure by a biomechanics expert to timely produce data requested by Tesla in a suit over a Model S crash that killed two teenagers.
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July 10, 2024
'Wrong In Every Way': 11th Circ. Judges Rip VRA Ruling
A trio of Eleventh Circuit judges castigated their colleagues Wednesday for refusing to revisit a decision upholding an allegedly discriminatory Georgia electoral system, charging that their "novel, dramatic, and wrong" conclusions have made Section 2 of the Voting Rights Act "a dead letter" within the circuit.
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July 10, 2024
Bang Energy Drink Co. Ex-CEO Urges DQ Of Ch. 11 Judge
The former CEO of the company that makes Bang energy drinks urged the disqualification of a Florida federal bankruptcy judge and called for an investigation, alleging that the judge committed misconduct in the company's Chapter 11 case, according to a complaint filed with the Eleventh Circuit.
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July 10, 2024
Kirkland, Skadden Steer $1.8B Honeywell Natural Gas Biz Deal
Kirkland & Ellis LLP-led Honeywell said Wednesday it has agreed to acquire Air Products' liquefied natural gas process technology and equipment business for $1.81 billion in an all-cash transaction, with Skadden Arps Slate Meagher & Flom LLP sitting on the other side of the bargaining table.
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July 09, 2024
With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk
The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.
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July 09, 2024
Chase Bank Reaches Deal In Data Security Patent Suit
JPMorgan Chase Bank NA indicated Tuesday that it has settled a lawsuit in Texas federal court over data security patents developed by a former Israeli air defense officer who worked on technological solutions for "survivability capabilities against systemic failures."
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July 09, 2024
Fla. Judge Won't Nix Antitrust Claims Against Alcon
The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.
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July 09, 2024
Disbarred Ohio Atty Cops To Landing Law Jobs With Fake IDs
A disbarred Ohio attorney admitted Tuesday to using false identities — including information belonging to his father, girlfriend and a dead man — to snag high-paying gigs or job offers from at least seven different law firms, the U.S. Department of Justice said in a statement.
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July 09, 2024
Glocal Says UpHealth Coerced Acquisition In Ch. 11 Suit
Indian healthcare network Glocal said its majority owner, bankrupt telemedicine tech company UpHealth, lied about business delays and exaggerated its finances as leverage in a 2020 acquisition, alleging in a Delaware bankruptcy court lawsuit that UpHealth and its executives eroded $200 million in value and failed to uphold their end of a share purchase agreement.
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July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced
Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
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July 09, 2024
CNA Seeks Toss Of Lockheed's Contamination Coverage Suit
A CNA Financial unit urged a Maryland federal court to toss Lockheed Martin's suit accusing the insurer of wrongfully refusing coverage for underlying contamination suits, saying the very same issues are already pending before a New York federal court.
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July 09, 2024
Tampa Atty Accused Of Fraud In Long-Running House Dispute
A Tampa-area estate lawyer has been accused of fraud conspiracy in a state court lawsuit brought by a former tax attorney who alleges that her house was taken to collect fees stemming from a false guardianship case, saying a court order that revoked possession of the property violated the Florida Constitution.
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July 09, 2024
Ousted Fla. Atty Pushes 11th Circ. To Speed Up Review
Suspended Florida prosecutor Andrew Warren is once again asking the Eleventh Circuit to expedite a mandate to a lower court to reconsider his case against Gov. Ron DeSantis, arguing that a single judge has stopped it from moving forward for nearly six months.
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July 09, 2024
DOL Says It Can Regulate Foreign Farmworkers' Wages
The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.
Expert Analysis
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Opinion
Activist Short-Sellers Are The Dark Knights Of Wall Street
While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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A Year-End Look At Florida's Capital Investment Tax Credit
Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.