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Florida
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December 16, 2024
11th Circ. Appears Wary Of Doc's New Trial Bid In $27.5M Case
The Eleventh Circuit on Monday questioned whether a Georgia doctor and his medical practice should get a new trial in a $27.5 million False Claims Act case on the basis that he and an expert who wasn't allowed to testify at trial believed the thousands of treatments he billed for were medically necessary and could be covered by Medicare, saying that contention seems to contradict the doctor's prior statements.
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December 16, 2024
Ecuador Banana Co. Prez Ordered To Jail Over $6.9M Award
A Miami federal judge issued an arrest order for the president of an Ecuadorian banana company that ignored court orders to turn over financial information at the request of Chiquita Brands International, which is trying to enforce a $6.9 million arbitration award.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Honeywell Pollution Suit Belongs In Ga. Court, 11th Circ. Told
A Georgia city suing Honeywell International Inc. over the company's alleged pollution of coastal waterways told the Eleventh Circuit Monday that the Environmental Protection Agency's supervision of remediation efforts can't transform Honeywell into a federal officer, thus denying the company the jurisdiction it needs to move the case into federal court.
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December 16, 2024
Honeywell May Split Aerospace Biz Amid Activist Pressure
Honeywell International Inc. on Monday said it is mulling a separation of its aerospace business, after activist investment firm Elliott Investment Management LP in November pushed for the industrial conglomerate to separate itself into two independent companies.
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December 16, 2024
11th Circ. Won't Kick Starbucks Benefits Case To Arbitration
The Eleventh Circuit affirmed Monday that Starbucks can't force a former employee's husband to arbitrate a proposed class action claiming the coffee giant unlawfully failed to tell him about continuing health benefit options after his wife was fired, saying he wasn't bound by the terms of his spouse's employment agreement.
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December 14, 2024
ABC News Agrees To Pay $16M To End Trump Defamation Suit
ABC News has agreed to pay $16 million to end Donald Trump's defamation suit over George Stephanopoulos' on-air description of rulings in favor of writer E. Jean Carroll in her sexual abuse and defamation suits against Trump, according to a settlement filed Saturday in Florida.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
Cardi B Tries To Sink Ch. 11 Of YouTuber Who Owes Her $3.8M
Cardi B has asked a Florida bankruptcy court to dismiss the Chapter 11 case of YouTuber Tasha K, saying she deliberately hid her assets to frustrate the rapper's efforts at collecting on a $3.8 million defamation verdict.
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December 13, 2024
Publix Dodges Punitive Damages Claim In Store Injury Suit
A Florida appeals court on Friday tossed a punitive damages claim in a suit accusing Publix of causing a vendor worker's injuries when a display full of soda cases fell over, saying such a claim requires sufficient allegations of gross negligence.
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December 13, 2024
Duke Energy Accused Of Negligence Ahead Of Data Breach
Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.
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December 13, 2024
Kluger Kaplan Shifting To Bigger Space In Miami Office Tower
Kluger Kaplan Silverman Katzen Levine PL renewed its lease for the 34-story Citigroup Center in downtown Miami, and also plans to move to a new 17,757-square-foot office space within the Class A office tower in the second quarter of 2025, the Citigroup Center announced Friday.
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December 13, 2024
Bipartisan Bills Target US Dependence On Chinese Minerals
A bipartisan group of lawmakers introduced three new pieces of legislation aimed at helping address what it said was America's "deep reliance" on the Chinese Communist Party for critical minerals, after spending months evaluating the issue.
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December 13, 2024
Holland & Knight Beats Malpractice Suit Over College Buy
A Florida state appeals court has refused to revive a malpractice suit against Holland & Knight LLP over its representation of an education investment company in the acquisition of a now-shuttered college.
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December 13, 2024
Fla. Woman Says PI Firm Botched Daughter's Death Suit
A Florida woman has launched a suit against the personal injury firm that represented her in a case targeting the apartment complex where her daughter was shot and killed, alleging that the firm's negligence resulted in her suit being dismissed twice.
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December 13, 2024
Construction Co. Fights Stay In Small Biz Qui Tam Suit
The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.
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December 13, 2024
Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On
In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.
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December 13, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Google and TPG Rise Climate partner with Intersect Power, Gen Digital Inc. acquires MoneyLion Inc., Patient Square Capital acquires Patterson Companies Inc., and the Buffalo Bills and Miami Dolphins sell minority ownership shares to private equity firms.
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December 13, 2024
11th Circ. Won't Revive Cop's Bias Case Over COVID Policies
The Eleventh Circuit backed a win for Birmingham, Alabama, in a lawsuit claiming it assigned a police officer to the city jail as punishment for requesting an exemption from pandemic face mask policies because of his anxiety, finding he hadn't shown the city was motivated by bias.
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December 12, 2024
'Housewives' Figure Touts Social Media Posts In Leniency Bid
Former "Real Housewives of Atlanta" cast member Peter Anthony Thomas asked a North Carolina federal judge on Thursday to give him a prison sentence below federal guidelines for not paying $2.5 million in employment taxes, stating he has used his public platform to encourage his followers to pay their own taxes.
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December 12, 2024
Fla. Judge Awards $114M To Crypto-Forex Exchange Investors
A Florida judge issued a directed verdict Thursday against absent foreign exchange currency broker FxWinning Ltd. awarding investors more than $114 million after they told the court how they were swindled out of their investments when the company abruptly stopped honoring withdrawal requests.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
Insurer Owes Defense In Faulty Landscaping Row, Court Told
A contractor facing claims it did faulty irrigation and landscaping work told a Florida federal court that its commercial general liability insurer must defend it, saying while the insurer declined additional insured coverage to the underlying claimant, it still hasn't communicated a coverage position with the contractor.
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December 12, 2024
TD Bank Sued Over AML Controls After Ex-Employee's Arrest
Toronto-Dominion Bank and its top brass concealed and downplayed issues with the bank's anti-money laundering controls, according to a class action filed one day after a former employee was arrested and charged with assisting in a money laundering scheme that sent millions of dollars in narcotics proceeds from the U.S. to Colombia.
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December 12, 2024
Cooley Wins Bid To Arbitrate Fla. Malpractice Suit
A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.
Expert Analysis
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.