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Florida
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April 04, 2025
Real Estate Recap: 'Gold Card,' ESG, Tokenization
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the latest EB-5 investment rush, the tightrope real estate companies are walking with environmental, social and governance factors, and how tokenization can apply to the real estate sector.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
11th Circ. Revives Aircraft Co.'s Deal Suit Against Boeing
The Eleventh Circuit on Friday revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowed the company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the $2.1 million jury award it won at trial in 2020 for its breach of contract claims.
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April 04, 2025
HHS Drops 11th Circ. Fight Over ACA Trans Rule Freeze
The U.S. Department of Health and Human Services agreed to drop its bid to overturn an order blocking it from enforcing regulations that extend the Affordable Care Act's anti-discrimination provisions to transgender individuals against Florida organizations, according to filings with the Eleventh Circuit.
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April 04, 2025
11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article
A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
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April 04, 2025
Death Row Case May Test Limits Of Federal Habeas Review
Michael Wayne Reynolds, who was convicted of a triple murder in 2007, maintains his innocence and is asking the U.S. Supreme Court for another chance to argue that his prosecution in his trial hid potentially exculpatory evidence — in a case that strikes at the core of the ability of prisoners to bring habeas corpus challenges.
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April 04, 2025
11th Circ. Told Omitted Issues Void UBS Arbitration Award
A Puerto Rican man urged the Eleventh Circuit on Friday to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. stemming from a long-running account contract dispute, arguing he didn't receive a fair hearing and because key issues to be resolved weren't identified in the award.
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April 04, 2025
Fla. House Bill Would Cut General Sales Tax Rate, Other Rates
Florida would reduce the state's general sales tax rate and other sales tax rates, including the rates imposed on commercial rent, electricity and sales of new mobile homes, by three-quarters of a percentage point under a bill introduced in the state House of Representatives.
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April 04, 2025
GSK Inks $67M Deal To Resolve Zantac Cancer Risk FCA Suit
GlaxoSmithKline PLC cut a $67.5 million deal to resolve allegations that it defrauded federal health insurance programs by hiding that its heartburn drug Zantac can decompose into a carcinogen while still in the bottle, ending a case that began in 2019 and was unsealed last year.
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April 04, 2025
11th Circ. Tosses Former Atty's Extortion Conviction
The Eleventh Circuit on Friday overturned the conviction of a former criminal defense attorney for extorting a client for cash, finding in a published opinion that there was insufficient evidence.
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April 04, 2025
Holtzman Vogel Expands In Fla., DC With Trio Of Attys
Holtzman Vogel had a busy week of growth, announcing three lateral hires in Florida and Washington, D.C., to enhance the firm's land use, environmental, nonprofit and tax-exempt organizations, and political law practice groups.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 03, 2025
Civil Liberties Org. Sues To Block Trump's China Tariffs
The New Civil Liberties Alliance on Thursday filed what it says is the first lawsuit challenging President Donald Trump's February and March tariffs on all imports from China, saying the president doesn't have the authority to impose emergency tariffs without congressional approval.
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April 03, 2025
CFPB Says It Will Reopen Small-Biz Lending Rule
The Consumer Financial Protection Bureau said Thursday that it will reopen its Biden-era rule requiring financial institutions to report data on their small business lending activity, the latest policy pivot for the agency under its new Trump-appointed leadership.
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April 03, 2025
Carnival Knew Of Assault Risks In Teen's Case, 11th Circ. Told
An attorney representing a Canadian woman who was sexually assaulted aboard a Carnival ship as a teenager in 2019 urged the Eleventh Circuit on Thursday to reinstate her lawsuit against the cruise company, arguing that the incident was foreseeable given dozens of reports received years prior documenting similar events.
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April 03, 2025
Former Admiral Loses Bid To Escape Bribery Case
A D.C. federal judge refused to dismiss charges the U.S. government brought against former Navy Admiral Robert P. Burke for allegedly steering a contract to a company in exchange for a lucrative post-retirement position, calling his attempt to escape the charges "meritless."
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April 03, 2025
$2M Limits Off Table In Construction Defect Row, Insurer Says
An insurer for a waterproofing consultant and architecture firm said its policy's $2 million aggregate limit does not apply to a condo association's underlying construction defect claims, telling a Florida federal court that the claims count as a single occurrence subject to a $1 million limit.
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April 03, 2025
Ex-Cop Asks 11th Circ. To Revive Bias Suit Against Fla. City
A former Opa-Locka, Florida, police officer has urged the Eleventh Circuit to revive her gender and age discrimination suit against the city over her termination after she filed a complaint with the U.S. Equal Employment Opportunity Commission.
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April 03, 2025
Feds Say Cash Advance Biz Owner Ran $40M Ponzi Scheme
Federal prosecutors said Thursday that a Miami man ran a $40 million Ponzi scheme through a company that purported to make money through quick loans to small businesses.
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April 03, 2025
$10M Heritage Pharma Price-Fixing Deal Gets Final OK
A Connecticut federal judge granted final approval to a $10 million deal between Heritage Pharmaceuticals Inc., its parent company Emcure Pharmaceuticals Ltd. and Emcure's founder Satish Mehta to resolve claims from a coalition of states accusing them of conspiring with other companies to inflate generic drug prices.
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April 03, 2025
Newark Says New ICE Facility Lacks Proper Permits
The city of Newark has sued the company behind a new immigrant detention center in New Jersey state court, claiming it failed to obtain construction permits and refused to submit to local inspections in violation of city and state laws.
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April 03, 2025
Echoing EEOC, Red State AGs Target Law Firms Over DEI
A dozen Republican state attorneys general on Thursday urged 20 law firms to fork over information the U.S. Equal Employment Opportunity Commission requested last month about their workplace diversity practices, doubling down on the acting EEOC chair's claim that those practices may be unlawful.
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April 03, 2025
Fla. Atty Cites Law School Debt In Bid To Skip Conn. Oral Args
A Florida employment attorney embroiled in state and federal proceedings over a judgment requiring him to repay his ex's $30,000 contribution toward his law school loans says he can't afford to travel to Connecticut to argue an appeal because his debts and lack of income while traveling make in-person attendance difficult.
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April 03, 2025
Law Firm Says Insurer Shorted On Defense Of Blackmail Suit
A law firm accused by a Florida state judge of causing her emotional distress via blackmail is suing its insurer, alleging the insurer underpaid the firm's defense counsel by nearly $600,000 in connection with the settled underlying lawsuit she filed.
Expert Analysis
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Pending FCPA Trials Suggest About DOJ Priorities
Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.