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Florida
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February 04, 2025
11th Circ. Urged To Adopt 'Consensus' On Officers' Immunity
A Georgia woman who was subjected to a strip and cavity search while visiting her husband in prison urged the full Eleventh Circuit on Tuesday to build on its prior ruling that her rights had been violated and to sweep away the prison officials' defenses of qualified immunity.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
Ex-Celsius VP Cops To Insider Trading In Florida Case
A former vice president and head accountant of Celsius Holdings Inc. pled guilty to insider trading Tuesday in Florida federal court, admitting that he used confidential information about sales expectations to buy securities in the energy drink company and sold them a month later at a profit.
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February 04, 2025
Walmart Gets Arbitration In Fla. Delivery Fee Tax Fight
An accusation that Walmart unlawfully charged Florida customers sales tax on delivery fees will go to arbitration, a federal judge ruled Tuesday, saying shoppers agreed to arbitration when they accepted the terms of use of the retailer's website.
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February 04, 2025
FBI Agents, Workers Sue To Stop Trump's Threatened Purge
FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.
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February 04, 2025
Trans Deputy's Bias Case Hits Headwinds At 11th Circ.
The full Eleventh Circuit grappled Tuesday with whether a county health plan's coverage exclusions for gender-affirming surgery conflicted with a 2020 U.S. Supreme Court decision, with several judges taking issue with a panel's ruling that found coverage denials for a transgender employee's vaginoplasty amounted to unlawful discrimination.
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February 04, 2025
Late Developer's Atty Asks For Help To Determine Privilege
The attorney of Sergio Pino, the late founder and CEO of Century Homebuilders Group LLC, asked a Florida judge Tuesday to appoint a special master to review privileged documents requested by Pino's estate regarding entities the attorneys helped Pino set up and asset transfers he worked on.
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February 03, 2025
PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says
The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.
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February 03, 2025
11th Circ. Weighs Future Of SEC's Market Surveillance Tool
The Eleventh Circuit on Monday questioned whether brokerage firms were being unfairly burdened with the cost of building up a U.S. Securities and Exchange surveillance tool known as the consolidated audit trail while appearing unmoved by arguments that the surveillance tool should never have been built.
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February 03, 2025
11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits
The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.
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February 03, 2025
Red States Back Trump On Birthright Citizenship Limits
Iowa and 17 other Republican-led states backed the U.S. Department of Justice on Monday in urging federal judges on both coasts to allow enforcement of President Donald Trump's order limiting birthright citizenship, contending the 14th Amendment's citizenship clause has been misconstrued to spur "illegal immigration."
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February 03, 2025
Army Corps Can't Prove $4M Contractor Negligence Claim
The Armed Services Board of Contract Appeals has sustained an engineering contractor's appeal over a $4.2 million claim by the U.S. Army Corps of Engineers, saying the Corps hadn't shown negligence in an allegedly faulty dam drain design.
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February 03, 2025
Fla. Police Pension Sues Target Over 'Woke Capitalism' Losses
A Florida police department's pension fund sued Target Corp. in federal court in a proposed class action over alleged securities violations, saying the company lost billions of dollars in value after experiencing a sustained backlash from customers due to "woke capitalism" initiatives meant to promote sustainable business practices and diversity.
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February 03, 2025
Feds Back Out Of Trans Ga. Deputy's 11th Circ. Rehearing
The U.S. Department of Justice said Friday that it was pulling out of supporting a Georgia transgender sheriff's deputy's bid to have gender-affirming surgery covered by her county government, just days before her case is set to be reheard by the full Eleventh Circuit.
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February 03, 2025
Utah Court Urged To Preserve $8.3M In Messner Reeves Funds
Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.
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January 31, 2025
Artist Says Fraudsters Peddled Access To Musk
A digital artist filed a lawsuit Thursday against several individuals, including one described as a "serial informant for the Justice Department," claiming they fraudulently peddled access to boxer Floyd Mayweather and Elon Musk under the guise of high-profile marketing services for the artist's collection.
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January 31, 2025
Real Estate Recap: Data Centers, Trump, Prepack Bankruptcy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the way law firms are evolving alongside the data center boom, immediate reactions to the Trump administration's policy shakeup, and two Big Law real estate leaders' enthusiasm for prenegotiated bankruptcies.
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January 31, 2025
NCAA Settles States' Suit Challenging NIL Restrictions
The NCAA has reached a settlement with a coalition of states, led by Tennessee and Virginia, that's been challenging its ban on name, image and likeness compensation for student athletes being recruited by institutions, according to a notice filed Friday in Tennessee federal court, exactly one year after the suit was filed.
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January 31, 2025
Pharmacy Escapes Novo Nordisk's Suit Over Ozempic
A Florida federal judge has tossed a lawsuit by Novo Nordisk trying to stop a compounding pharmacy from dispensing drugs with the same active ingredient as Nordisk weight loss and diabetes drugs, finding that the drugmaker's claims are preempted by federal law.
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January 31, 2025
Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge
A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.
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January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit
A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
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January 31, 2025
Red States Back Trump Against 'Distracting' Truth Social Suit
Fifteen Republican-led states have joined President Donald Trump's fight against a lawsuit filed by early investors in his social media platform, with the states on Friday urging a Delaware state court to dismiss the case so as not to "distract" Trump from his presidential duties.
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January 31, 2025
Jet Co. Can't Escape Suits Over Producer's Death In Crash
A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.
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January 31, 2025
Royal Caribbean Escapes 401(k) Mismanagement Suit
A Florida federal judge tossed a suit Friday claiming Royal Caribbean allowed an investment manager to load its $500 million retirement plan with underperforming proprietary funds, ruling the plan participant behind the class action failed to put forward proof of objective imprudence.
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January 31, 2025
Split 11th Circ. Rejects Citizenship Bid Over Remarriage
A divided Eleventh Circuit has rejected a Jamaican national's petition claiming citizenship due to his mother's naturalization before his 18th birthday, saying his parents would have needed to remain legally separated by the time his mother became a U.S. citizen.
Expert Analysis
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.