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Florida
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November 26, 2024
Surgeon Acquitted Of Wire Fraud In Case Over $60M Fla. Hotel
A Florida federal jury has acquitted a Colombian surgeon of wire fraud conspiracy following a trial over the government's allegations that he defrauded investors through a Ponzi-like scheme involving a $60 million luxury hotel project in one of Miami-Dade County's high-end neighborhoods.
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Jackson Lewis Adds Attorney From FordHarrison In Tampa
Jackson Lewis PC has expanded its counseling and litigation offerings in Florida with the addition of an attorney from FordHarrison LLP.
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November 26, 2024
Adult Day Care Tries To Duck Suit Over Autistic Man's Death
An adult day care center urged a Florida court on Monday to dismiss a lawsuit over the death of an autistic man who was left alone in a hot transport van for hours, arguing that the man's sister does not qualify as his survivor for a wrongful death claim.
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November 26, 2024
Giuliani's New Atty Faults Previous Counsel As NY Trial Nears
A Manhattan federal judge declined Tuesday to delay a January trial over whether Rudy Giuliani must turn over his Florida condo and World Series rings to fund a $148 million defamation judgment, after the former New York City mayor's new lawyer criticized outgoing counsel.
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November 25, 2024
Fla. IT Worker Gets 4 Years In Chinese Spying Case
An information technology worker who pled guilty to working as a "cooperative contact" for the Chinese government was sentenced in Florida federal court Monday to four years behind bars, the U.S. Department of Justice said.
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November 25, 2024
Texas AG Loses 'Unserious' Bid For Jack Smith Doc Order
A Texas federal judge refused Monday to enter an emergency order preserving special counsel Jack Smith's records, saying there is no reason to think the U.S. Department of Justice will not follow document retention laws and slamming Texas Attorney General Ken Paxton's allegations to the contrary as "unserious."
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November 25, 2024
Fla. Man Wants New Trial Over $1M Cash-To-Bitcoin Scheme
A financial services provider convicted of facilitating fraud through $1 million worth of cash-to-bitcoin conversions told a Boston federal judge he deserves a new trial, saying the exclusion of a key expert hamstrung his defense.
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November 25, 2024
Red Cross Misused $500M Haiti Earthquake Aid, Fla. Suit Says
The Red Cross misused more than $500 million in donations intended to help Haiti recover following the country's 2010 earthquake, instead spending the money on covering a financial deficit and unrelated projects, according to a proposed class action filed Monday in Florida federal court.
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November 25, 2024
Conn. Athlete Training Firm Ends Feud With Ohio Ex-Worker
A Connecticut company that orchestrates military-style team-building events for corporations and university athletic teams on Monday settled a short-lived employment lawsuit with an Ohio man it had accused of attempting to poach or meddle with its collegiate accounts in at least seven states.
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November 25, 2024
Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case
The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.
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November 25, 2024
Legal YouTuber Files FOIA Suit To Get Trump Cases Docs
Popular legal YouTuber Legal Eagle has filed a Freedom of Information Act lawsuit asking for a court order forcing the federal government to expeditiously process requests for documents related to the prosecutions of Donald Trump in Washington, D.C., and Florida that special counsel Jack Smith is now seeking to dismiss.
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November 25, 2024
FCC To Bar Fla. Telecom From Aid After Fraud Conviction
The Federal Communications Commission is looking to block a Florida-based wireless service provider from participating in any universal service programs for at least three years after it was convicted of conspiring to defraud the federal government through the agency's Lifeline Program for low-income phone users.
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November 25, 2024
Spirit's Cayman Units To Hit Ch. 11 As Airline Eyes Swift Reorg
Four Spirit Airlines subsidiaries in the Cayman Islands were expected to file for bankruptcy protection Monday and ask a New York federal court to join the company's main Chapter 11 case, a move that Spirit says will help keep the debtor on course to confirm a reorganization plan.
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November 25, 2024
Jury Finds Sex-Specific Customs Officer Shifts Legally Sound
A Florida federal jury backed the U.S. Department of Homeland Security in a lawsuit claiming it unlawfully created three women-only assignments at the Port of Tampa, finding the agency had a legitimate reason based on a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Feds Violated Atty-Client Rules, Tax Evasion Defendant Says
A Brazilian-American businessman accused of using Swiss bank accounts to hide $20 million from the Internal Revenue Service asked a Florida federal court to dismiss all the charges against him, saying federal prosecutors improperly gained access to information protected by attorney-client privilege.
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November 25, 2024
Jack Smith Drops Trump's Federal Cases
Special counsel Jack Smith on Monday moved to drop the federal prosecutions of President-elect Donald Trump in D.C. and Florida, citing long-standing Justice Department policy barring the prosecution of a sitting president while insisting that the government "stands fully behind" the merits of the charges.
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November 25, 2024
Insurance Mogul Denied 'Custom Detention' After Plea Deal
A convicted insurance mogul who pled guilty to a $2 billion fraud scheme has lost his bid for a temporary reprieve from county jail after turning himself in, with a federal magistrate judge citing concerns about equity if he were to grant such a "custom detention order" for the billionaire.
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November 25, 2024
Fla. Judge Won't Toss Banker's Suit Over $1.7M Stolen Funds
A Florida judge said Monday he would not dismiss a lawsuit by a Miami banker who is the son of Ecuador's former comptroller accusing his company's ex-CFO of embezzling $1.7 million to invest in a condominium unit, but the judge ordered the banker to provide a more specific breakdown of the allegedly misused funds.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Taco Bell's 'Inconsistent' Stance Revives Fla. Fall Suit
A Florida state appellate court on Friday reversed a ruling that tossed a slip-and-fall injury lawsuit against Taco Bell, citing the restaurant's "logically inconsistent" position admitting that a customer ignored a freshly mopped restroom floor but proceeded to dispute that the floor was actually wet.
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November 22, 2024
11th Circ. Panel Weighs Remanding Florida Trans Health Fight
The Eleventh Circuit on Friday appeared unlikely to affirm a lower court's ruling to invalidate a Florida state law banning Medicaid payments for gender-affirming medical care, with two judges on the panel asking attorneys for specifics about additional analysis of discriminatory factors on a potential remand.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.
In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.