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Florida
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October 18, 2024
Timeshare Co. Preyed On Fla. Servicemember, High Court Told
A Florida U.S. Army soldier and his wife petitioned the U.S. Supreme Court on Friday to review their case against Bluegreen Vacations Unlimited Inc., disputing that his contract isn't legal under the Military Lending Act because the company used predatory tactics to sell him a timeshare.
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October 18, 2024
Cigna Says Florida Labs Owe $16M After 'Cheating' For Benefits
Three Florida substance abuse laboratories wrongly filed $16 million in claims for medically unnecessary tests and doubled their scheme by failing to seek patient payments, Cigna attorneys told a federal jury on Friday. The labs, however, accused the insurer of breaching policy agreements by failing to pay for services rendered.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
Suit Wants Fla. Abortion Measure Struck Over Fraud Claims
A group of Florida voters represented by former Florida Supreme Court Justice Alan Lawson have filed suit to invalidate an abortion rights ballot measure over allegations of wide-scale fraud by the initiative's sponsor during the signature gathering process.
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October 18, 2024
Miami Heat Player Settles With Driver Who Lost Leg In Crash
Miami Heat forward Haywood Highsmith Jr. has struck a deal with a man whose leg was amputated after the athlete allegedly hit him with his car, ending the personal injury suit brought in Florida state court.
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October 18, 2024
Pro Angler Awarded $3M For Injuries In Plane Crash
A Florida federal jury has awarded a professional fisherman nearly $3 million for injuries he sustained after the plane he was flying in allegedly ran out of fuel and crash-landed on the water while en route to the Bahamas, finding the pilot and the charter company mostly responsible for the incident.
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October 18, 2024
Fla. Atty Accused Of Trust Violations Faced Losing Her Home
The Florida Supreme Court on Friday gave an Orlando attorney accused of misusing client funds — which she said kept her out of homelessness — extra time to comply with a suspension order after she said hurricanes Helene and Milton displaced her from her home and her law office, complicating her ability to communicate with clients and access records.
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October 18, 2024
Florida Legal Aid Groups On Front Lines Of Hurricane Relief
Amid the devastation caused by Hurricane Helene and Hurricane Milton in recent weeks, legal aid workers in the Sunshine State are on the ground to assist vulnerable Floridians and ensure they get a fair shake.
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October 18, 2024
Fla. Judge Reprimanded For Opining In DQ Approvals
The Florida Supreme Court has reprimanded a state judge who admitted to making improper comments in orders of recusal that he granted in two separate criminal cases.
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October 18, 2024
Tax Court Gave Short Shrift To Land Donors, 11th Circ. Told
The owners of a waterfront property in Georgia who protected 500 acres for conservation told the Eleventh Circuit that the U.S. Tax Court drastically undercut the value of their gift and its corresponding tax deduction by accepting flawed evidence provided by the government's sole witness.
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October 17, 2024
Trump Media Investors Get Prison For Insider Trading
A New York federal judge on Thursday sentenced a Florida venture capitalist to over two years in prison for insider trading on confidential plans to take the media company behind former President Donald Trump's Truth Social network public, a scheme that netted the investor and his brother nearly $23 million.
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October 17, 2024
'It's The First Amendment, Stupid': Judge Blasts Fla.'s Threats
A Florida federal judge on Thursday blocked the state from threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative, calling the ads political speech that "is at the core of the First Amendment."
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October 17, 2024
DOL, Red States Spar Over Loper Bright Impact On ESG Rule
Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.
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October 17, 2024
Miami Bar's Security Failed To Stop Mass Shooting, Suit Says
The estate of a man killed in a mass shooting at a Miami-area martini bar has sued the companies that handled the security of the shopping center, in addition to real estate company Avison Young, claiming they were negligent in keeping the area safe.
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October 17, 2024
Contractor Tells Fed. Circ. Navy Improperly Canceled Deal
A contractor urged the Federal Circuit to abandon a lower court finding that the U.S. Navy reasonably canceled an agreement for it to provide engineering services for a Florida naval air station, saying in a filing Wednesday that a termination memorandum the government submitted to the court appears to be "fraudulent."
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October 17, 2024
Feds Drop Marketing Exec's Tricare Fraud Case In Florida
A Florida marketing executive previously convicted in a healthcare fraud scheme and then granted a new trial has had his criminal case dismissed by U.S. attorneys after he alleged prosecutorial misconduct, saying federal officials violated his constitutional rights and fed lies to a grand jury in order to secure an indictment.
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October 17, 2024
Fla. Supreme Court Suspends Atty Over 'Punitive' Fee Hike
A Florida attorney has been suspended from practicing law for a year after he lashed out at a client by sending a new bill for $126,650 — a figure derived by retroactively jacking up his rates more than fourfold for a year of legal work, the state Supreme Court ruled Thursday.
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October 17, 2024
Fla. Says DHS Hiding Immigration Data Needed For Elections
Florida accused the U.S. Department of Homeland Security on Wednesday of withholding critical data necessary to verify voter eligibility, arguing that the agency's online service for verifying immigration status is inadequate and that the federal government has more information it refuses to disclose.
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October 17, 2024
Health Co. Must Face State Farm Settlement Interpretation Suit
An automobile-accident-focused healthcare company can't escape State Farm's lawsuit claiming the facility breached a settlement agreement by failing to drop hundreds of personal injury protection suits, a Florida federal court ruled.
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October 17, 2024
States, Industry Urge DC Circ. To Scrap Truck GHG Rule
Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.
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October 17, 2024
Feds Say Accused Embezzler Used Company Card After Arrest
Boston federal prosecutors say a Florida man awaiting trial on charges he embezzled nearly $6 million from his former employer held onto a corporate American Express card and used it for personal items including 14 bottles of pricey Veuve Clicquot champagne.
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October 16, 2024
11th Circ. Won't Nix OK Of Guatemalan Power Plant Award
The Eleventh Circuit refused Wednesday to vacate an arbitral award issued following a dispute over 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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October 16, 2024
11th Circ. Says No Claim For Taking Until Permit Is Denied
The Eleventh Circuit ruled Wednesday that Fane Lozman — houseboat owner, activist and thorn in the side of the Riviera Beach, Florida, city government — cannot yet bring his claims for a regulatory taking of his property against the city because he has not applied for a permit or zoning variance.
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October 16, 2024
En Banc DC Circ. Will Revisit Campaign Finance Appeal
The full D.C. Circuit will revisit an appeal implicating the court's authority to review the Federal Election Commission's decisions on campaign finance complaints when those decisions rest on commissioners' so-called prosecutorial discretion.
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October 16, 2024
Ga. DA Wants Nixed Charges Restored In Trump Election Suit
The Fulton County District Attorney's Office asked the Georgia Court of Appeals on Tuesday to reinstate six criminal charges against former President Donald Trump and five of his co-defendants in the Georgia election interference case.
Expert Analysis
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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The Clock Is Ticking For Fla. Construction Defect Claims
Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.