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Florida
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 20, 2025
Florida Hits Target With New Suit Over Pride Month Merch
The state of Florida's investment management body Thursday became the latest to sue Target Corp. over its Pride-themed merchandise, saying the retail giant "betrayed" investors with its "exceptionally offensive" LGBTQ marketing campaign and product lines.
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February 20, 2025
Calif. Privacy Agency Takes Regulatory Aim At 6th Data Broker
The California Privacy Protection Agency continued to keep the heat on data brokers Thursday, announcing that it's pursuing a monetary penalty against a Florida-based company that allegedly failed to comply with the registration requirements of a groundbreaking state data deletion law.
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February 20, 2025
Fla. Jury Awards $1.2M In Botched Hysterectomy Suit
A Florida state court jury has awarded more than $1.2 million in damages to a man whose 78-year-old wife died following a robotic-assisted hysterectomy surgery, finding that a medical doctor and nurse were negligent in the woman's death from sepsis, a blood infection.
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February 20, 2025
Publix Accused Of Overcharging Discounted Items In Fla. Suit
A customer has brought a proposed federal class-action lawsuit in Florida federal court against Publix Super Markets Inc. over alleged deceptive trade practices, saying the grocery store's point-of-sale system intentionally charged more for discounted items sold by weight.
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February 20, 2025
11th Circ. Asked To Reinstate FCC's One-To-One Consent Rule
A pro-consumer group urged the Eleventh Circuit to revisit a ruling last month that overturned the Federal Communications Commission's requirement that individual businesses obtain each consumer's consent to contact them through comparison shopping sites.
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February 20, 2025
Former Sports Nonprofit Employees Seek Docs In RICO Suit
Two former employees of the United States Specialty Sports Association who are suing the sports nonprofit for allegedly running an illegal sports gambling operation have asked a Florida federal judge to force the organization to hand over key documents regarding the misuse of funds and the firing of whistleblowers.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
After Trump's Firing Vow, Last Biden US Attys In Fla. Are Out
Just days after President Donald Trump said on social media that he would terminate all remaining U.S. attorneys named by former President Joe Biden, the last two remaining Biden-era U.S. attorneys in Florida are out of their positions.
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February 20, 2025
Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit
A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.
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February 20, 2025
Spirit Airlines' Bankruptcy Plan Approved With Opt-Outs Intact
A New York bankruptcy judge said Thursday he will greenlight budget air carrier Spirit Airlines' Chapter 11 plan to hand control of the business to creditors and approve third-party releases that prompted objections from the U.S. Securities and Exchange Commission and others, setting up Spirit to exit bankruptcy and wipe out almost $800 million of debt.
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February 20, 2025
Bilzin Sumberg Adds Ex-KPMG Tax Pro In Miami
Miami-based Bilzin Sumberg Baena Price & Axelrod LLP announced Thursday that it has hired an experienced tax attorney who previously worked as a managing director with Big 4 accounting firm KPMG as a partner.
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February 19, 2025
Trump Wants Birthright Citizenship EO Enacted Amid Appeal
The Trump administration on Wednesday urged a Massachusetts federal judge to set aside his preliminary injunction blocking the president's executive order limiting birthright citizenship, arguing that the federal government should be permitted to implement it while the First Circuit considers its appeal.
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February 19, 2025
Fla. Court Tosses Suit Against Hospital Over Patient's Death
A Florida appeals court ruled Wednesday that a trial court should have dismissed a suit seeking to hold a hospital liable for the death of a mental health patient, finding that the claims are not simple negligence but medical negligence, which require pre-suit requirements that were not met.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
COVID Fraudsters Get Prison For Trying To 'Make A Buck'
Two Florida men who pled guilty to running a scheme that defrauded businesses of millions during the pandemic by bilking them on orders of face masks and other protective equipment were sentenced to prison by a Georgia federal judge Wednesday.
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February 19, 2025
NBA Teams Urge Justices To Take Up 'Discovery Rule' Case
Eight NBA teams facing copyright lawsuits for songs used in promotional videos without permission have filed a brief supporting a petition asking the U.S. Supreme Court to review the so-called discovery rule, a judicially created doctrine that allows claims to be brought outside the three-year statute of limitations.
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February 19, 2025
Fla. Court Won't Revive Property Manager's COVID Claims
A Florida state appeals court on Wednesday said a lower court correctly ruled that a Miami property management company's insurance policy did not cover losses caused by COVID-19 closures because government shutdown orders were not specific to the business.
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February 19, 2025
NBA Star's Charity Says Tourney Promoters Owe $400K
A nonprofit founded by San Antonio Spurs player Chris Paul says it and the Massachusetts-based Naismith Basketball Hall of Fame have been stiffed by a promoter and sponsor out of nearly $400,000 in proceeds for tournaments intended to showcase basketball players from historically Black colleges and universities, in a complaint unsealed Tuesday in Connecticut state court.
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February 19, 2025
WaPo Can't Blame Source In Libel Suit, Trump Media Says
Trump Media & Technology Group Corp. has told a Florida federal court that the Washington Post can't blame a source for providing false information published in a story alleging the company committed securities fraud, saying that reason isn't sufficient to dismiss a $3.8 billion defamation lawsuit against the newspaper.
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February 19, 2025
Chilean Nationals Charged With Burgling Pro Athletes' Homes
Federal prosecutors in Florida have unveiled charges against seven Chilean men for operating a burglary ring that targeted the homes of several high-profile athletes and stole more than $2 million worth of valuable goods.
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February 19, 2025
McCarter & English Adds Shutts & Bowen Latin America Head
The former chair of the Shutts & Bowen LLP's Latin America practice group and co-chair of its tax and international law practice group jumped to McCarter & English LLP in Miami, the firm announced Wednesday.
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February 19, 2025
Peanut Truck Co. Exempt From Excise Tax, Justices Told
A Georgia maker of special trucks for peanut farming was denied an excise tax exemption for off-road highway vehicles because the IRS interpreted the law too narrowly, the company argued while urging the U.S. Supreme Court to overturn the Eleventh Circuit on the question.
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February 19, 2025
Judge Won't Narrow Injunction In Birthright Citizenship Case
A Maryland federal judge declined to narrow an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying a nationwide injunction is appropriate given the Asylum Seeker Advocacy Project's 680,000-person membership across all 50 states.
Expert Analysis
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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.
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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.