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Florida
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch
A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.
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November 08, 2024
Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach
Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.
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November 08, 2024
Water Utility Hits PVC Pipe Makers With Price-Fixing Suit
A public water utility on Friday hit some of the nation's largest PVC pipe manufacturers with a class action accusing them of using a commodity pricing service to exchange information and illegally fix prices, claiming the companies reaped "historic profits" at the expense of public utilities.
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November 08, 2024
Shaq Reaches Settlement With Astrals NFT Buyers
The mediator overseeing the dispute between buyers of the Astrals LLC nonfungible token project and basketball Hall of Famer and promoter Shaquille O'Neal told a Florida federal judge that the parties reached a settlement in their most recent session.
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November 08, 2024
NFT Buyers Drop OpenSea Suit In Face Of Arbitration Demand
Users of nonfungible token platform OpenSea have dropped their proposed securities class action after the NFT marketplace held firm on its demand that the claims be arbitrated.
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November 08, 2024
Kustom Entertainment's $222M SPAC Merger Goes Kaput
Blank-check company Clover Leaf Capital is terminating its planned merger with live entertainment organizer Kustom Entertainment Inc., according to a Friday announcement.
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November 08, 2024
Attys Ask 11th Circ. To Affirm Arbitration Denial In ERISA Case
The American Association for Justice has urged the Eleventh Circuit to find that a legal technology company's arbitration clauses are unenforceable, arguing that the company should face workers' Employee Retirement Income Security Act suit in court.
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November 08, 2024
How Trump Could Turn The Government Against Jack Smith
Special counsel Jack Smith and his team of prosecutors could face politically motivated retribution by President-elect Donald Trump and his allies in the form of a congressional investigation, a U.S. Department of Justice probe and even criminal prosecution, according to experts.
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November 08, 2024
Florida Voters Fail To Show Injury From Prosecutor Suspension
A Florida good-government group's lawsuit challenging Gov. Ron DeSantis' suspension of a local prosecutor was dismissed on Friday, after a federal judge found that voters don't have a constitutional right to see elected officials serve out their full terms.
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November 08, 2024
DC Judge Freezes Election Subversion Case Against Trump
A D.C. federal judge on Friday wiped out the schedule in the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, granting a postelection request from the special counsel's office prosecuting the case.
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November 07, 2024
Trans Patients Say Fla. Ban On Care Should Be Bias Tested
A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."
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November 07, 2024
11th Circ. Affirms Judgment Against Fired Ga. Tech Coach
The Eleventh Circuit declined to revive longtime women's basketball coach MaChelle Joseph's discrimination and retaliation claims against Georgia Tech, concluding Thursday that Title IX does not provide an implied right of action for sex discrimination in employment.
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November 07, 2024
ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win
The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.
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November 07, 2024
Privilege Overruled In Firm's Suit Against Drinks Co. Founder
A Florida state court judge Thursday ordered the founder of the company that makes Bang Energy drinks to sit for a deposition in a lawsuit over unpaid fees brought by counsel who formerly represented him in a bankruptcy case, overruling attorney-client privilege asserted in a previous attempt to depose him.
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November 07, 2024
Fla. Counties Say Notice Was Insufficient In $5B Bond Deal
A group of Florida counties and tax collectors asked the Florida Supreme Court Thursday to reverse a decision that found they could not reopen a bond validation judgment issuing $5 billion in bonds for renewable energy and hurricane mitigation projects, arguing they were not given proper notice of the bond validation hearing.
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November 07, 2024
DOL Board Kills Foreign Worker Bid Over Insufficient Docs
A U.S. Department of Labor board affirmed a federal government official's decision denying a company's bid to hire 185 foreigners for seasonal farmwork in Florida under the H-2A nonimmigrant visa program, ruling that the certification application lacked required information.
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November 07, 2024
Truth Social Tipper Gets 28 Mos. In Trump SPAC Insider Case
A Manhattan federal judge hit a career securities trader from Florida with a 28-month prison sentence Thursday after a jury convicted him of conveying tips that fueled a $23 million insider trading scheme exploiting plans to take Truth Social public.
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November 07, 2024
11th Circ. Revives Project Veritas' CNN Defamation Suit
The Eleventh Circuit reversed the dismissal of Project Veritas' defamation lawsuit against CNN on Thursday, saying the group's claim was plausibly alleged against the news network over an anchor's on-air characterization of why the organization was suspended from Twitter, the social media website now named X.
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November 07, 2024
FINRA Grants Client Poach Injunction To TD Bank
The Financial Industry Regulatory Authority has issued a permanent injunction against Raymond James Financial and its subsidiary Crescent Point Private Wealth that bars their solicitation of certain TD Bank clients until April 2025, according to a status report filed in a federal lawsuit in the District of Connecticut.
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November 07, 2024
11th Circ. Backs Bombardier In Mechanic's Race Bias Suit
The Eleventh Circuit upheld a Bombardier unit's win Thursday in a retired Black worker's suit claiming he was forced to leave his mechanic role because of the racism he experienced on the job, finding he hadn't alleged any mistreatment serious enough to sustain his case.
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November 07, 2024
Feds Say Fla. Atty Can't Shake COVID Relief Fraud Conviction
In a case involving a Florida lawyer serving a 75-month sentence for a COVID-19 loan fraud scheme, federal prosecutors are arguing that the trial judge was correct to allow a witness to testify that the defendant had talked about having another co-conspirator killed.
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November 07, 2024
Fla. Law Firms Accused Of Mishandling Brain Injury Case
Three Florida law firms are facing a malpractice suit by the victim of a car accident who claims his attorney blew his chance at a $2.5 million recovery by failing to respond to at least nine discovery requests and repeatedly missing court deadlines.
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November 06, 2024
LGBcoin Trustee Can't Get SEC Subpoena Stayed Amid Appeal
A hedge fund manager associated with the political-meme-inspired digital asset LGBcoin can't get an administrative subpoena from the U.S. Securities and Exchange Commission stayed while he seeks an appeal, a Miami federal judge has decided.
Expert Analysis
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach
The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims
While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.