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Florida
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November 19, 2024
Nonpracticing Doc Can't Testify In Med Mal Case, Court Says
A Florida state appeals court has affirmed the dismissal of a case accusing a doctor of botching two shoulder surgeries, agreeing with a lower court's findings that a physician-turned-legal-consultant wasn't qualified to testify as the plaintiff's medical expert under the law.
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November 18, 2024
Senate Confirms Fla. Magistrate Judge To 11th Circ.
The Senate voted 49-45 on Monday to confirm U.S. Magistrate Judge Embry J. Kidd of the Middle District of Florida to the U.S. Court of Appeals for the Eleventh Circuit.
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November 18, 2024
Clemson, Florida State Ask NC Top Court To Toss ACC Suits
Florida State and Clemson universities urged the North Carolina Supreme Court to toss lawsuits brought by the Atlantic Coast Conference over grant of rights contracts, saying the institutions' sovereign immunities aren't waived just because they've agreed to be members of the conference.
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November 18, 2024
StraightPath Execs Must Face $386M IPO Fraud Charges
A New York federal judge denied a bid Monday by three principals of Florida-based private equity firm StraightPath Venture Partners to dismiss an indictment accusing them of raising $386 million by defrauding over 2,000 investors through false promises about purchases of pre-IPO shares in private companies.
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November 18, 2024
SEC Sued Over FINRA's One-Day Bond Reporting Timeline
The U.S. Securities and Exchange Commission has been hit with a lawsuit seeking to overturn a newly adopted rule that will require brokerage firms to report bond transactions more quickly, with the suing organization previously claiming there was no evidence justifying a need for such a change.
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November 18, 2024
Chiquita Wants New Bellwether Trial In $38M Paramilitary Case
Chiquita told a Florida federal court that a landmark $38 million bellwether loss to the families of victims of Colombian right-wing paramilitaries was the "product of numerous legal and evidentiary errors" that handicapped the banana company, which now wants a new trial.
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November 18, 2024
HUD Ducks Homeowner's Insurance Overpayment Suit
A Florida federal judge dismissed a homeowner's proposed class action alleging the U.S. Department of Housing and Urban Development failed to refund mortgage insurance premium overpayments, finding the suit seeks sweeping relief that exceeds the court's power.
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November 18, 2024
State Bar Can't Set Limits To Atty Speech, Fla. Justices Told
A Georgia-based attorney doubled down on his First Amendment argument against the Florida Bar's attempt to have him suspended for disparaging an opponent in a 2018 state attorney race, arguing that freedom of speech protections aren't whittled down when someone becomes a lawyer.
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November 18, 2024
11th Circ. Shelves Peanut Truck Co.'s Excise Tax Refund
The Eleventh Circuit has overturned a decision awarding an excise tax refund to a manufacturer for selling wagons that dry and carry peanuts, saying the refund is reserved for vehicles that are specially designed for off-highway transportation — a test the peanut wagons failed.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 18, 2024
Spirit Airlines Files For Ch. 11 With Equity-Swap Plan
Budget air carrier Spirit Airlines filed for Chapter 11 protection in a New York bankruptcy court Monday with $3.6 billion in funded debt and a preapproved equity swap restructuring plan.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Court Urged To Find OnlyFans Promoted Alleged Rape Video
A Florida woman whose alleged rape video was posted to OnlyFans asked a federal court on Friday to reject a report recommending dismissal of her lawsuit because the company can't be held liable under the Communications Decency Act, saying she never approved the video's upload.
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November 15, 2024
Giuliani Gets New Atty As Poll Workers Seek To Collect $148M
Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.
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November 15, 2024
Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap
A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.
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November 15, 2024
Fla. Health Co. Owner Pleads Guilty In $11M Payroll Tax Case
A Florida healthcare business owner who caused a tax loss to the IRS of nearly $11 million pled guilty in a Miami federal court to failing to pay employment taxes and not filing his income tax returns, the U.S. Department of Justice said Friday.
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November 15, 2024
Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster
Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.
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November 15, 2024
Pharma Biz To Pay $47M To Settle Feds' Kickback Claims
A Florida pharmaceutical company and its chief executive have agreed to pay $47 million to settle claims that their practice of paying for certain patient tests crossed the line into being an illegal kickback to increase prescriptions of an enzyme replacement therapy, Boston federal prosecutors said on Friday.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
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November 14, 2024
Florida AG Says FEMA Failed Trump Supporters After Storms
The Florida Attorney General's Office announced Thursday it has launched a federal lawsuit against the Federal Emergency Management Agency's administrator and a fired agency official over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of President-elect Donald Trump.
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November 14, 2024
'Undead' NFT Maker Cites Discord Messages In New Trial Bid
The developer of the "Undead" series of non-fungible tokens who was convicted of conspiracy to commit money laundering and wire fraud urged a Florida federal court to grant him a new trial, saying that messages from the Discord social media messaging platform undermine allegations that he intended to scam investors.
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November 14, 2024
MDL Counsel Present Deal With FTX Estate To Fla. Court
Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.
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November 14, 2024
Emergency Medical Providers Oppose $2.8B BCBS Deal
A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.
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November 14, 2024
Red State AGs Sue SEC Over Crypto Policy
A coalition of 18 Republican attorneys general led by Kentucky sued the U.S. Securities and Exchange Commission on Thursday for allegedly treading on the states' authority through a "regulatory landgrab" into the cryptocurrency industry.
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November 14, 2024
AutoNation Affiliate Worker's Harassment Suit Heads To Trial
A Florida federal judge on Wednesday trimmed a lawsuit by a former employee of an AutoNation affiliate who says he was sexually harassed on the job by a co-worker, but agreed to send negligence and hostile work environment claims to a jury in January.
Expert Analysis
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What Fla. Ruling Means For Insurer Managed Repair Programs
A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.