Florida

  • November 06, 2024

    Fla. Can't Reclaim Medicaid Payments On Immigrant Care

    A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.

  • November 06, 2024

    Venue For Fla. County Suit Against Funder Getting New Look

    A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.

  • November 06, 2024

    Fla. Union Dues Law Halted For Unexpired Deals, Judge Says

    A Florida law's provision banning the deduction of union dues from public employees' paychecks is unconstitutional as to collective bargaining agreements that are still in effect for two Florida teachers unions, a federal judge ruled Wednesday.

  • November 06, 2024

    Judge Axes NY Claims In Chase Bank Counterfeit Check Row

    A New Jersey federal judge partly granted JPMorgan Chase Bank's bid to toss a tile company's lawsuit over the financial giant's alleged acceptance of $5 million in counterfeit checks drawn from its Valley National Bank account, reasoning that Florida law claims could stand but allegations under New York statutes could not. 

  • November 06, 2024

    Contractor Seeks Redo In Guatemala Power Plant Award Fight

    A contractor on an ill-fated Guatemalan power plant construction project urged the Eleventh Circuit on Wednesday to reconsider its decision refusing to vacate an arbitral award favoring the plant's owner, saying the panel failed to properly consider "clear evidence" of corruption tarnishing the underlying contract.

  • November 06, 2024

    Judge Says Asylum Delays Are Reasonable Given Backlogs

    A Miami federal judge said Tuesday that a backlog of asylum applications is a fair reason for a four-year delay in processing the application of a Russian national who sued over the hold-up.

  • November 06, 2024

    Insurer Must Fully Cover $1.17M Crash Award, Fla. Panel Says

    A Florida state appeals court upheld a directed verdict finding an auto insurer acted in bad faith while attempting to settle a woman's injury claims over a drunken driving crash, affirming Wednesday that the company must fully cover her $1.17 million compensatory damages award, less a prior $25,000 payment.

  • November 06, 2024

    Fla. Judge Invokes Free Speech Protection In Ethics Case

    A Florida state judge facing ethics charges over previous campaign statements has again claimed that authorities should be blocked from presenting evidence or argument that her "philosophical beliefs" and comments violate judicial ethics guidelines, saying they are protected by the First Amendment.

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    Florida, Georgia, Others Peel Back Real Estate Taxes

    Voters in seven states approved a spate of real estate tax ballot initiatives on Election Day, including measures that would curb property taxes for veterans, residential property owners and residents of municipalities that fail to enforce nuisance laws. 

  • November 05, 2024

    Cannabis And Psychedelic Reform Bids Fail In Multiple States

    Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.

  • November 05, 2024

    Florida Justices Who Opposed Abortion Ballot Keep Seats

    Florida voters decided Tuesday to keep state Supreme Court Justices Renatha Francis and Meredith Sasso on the bench, retaining two justices who have taken anti-abortion stances while also rejecting a ballot measure that supported reproductive rights.

  • November 05, 2024

    Former Fla. Prosecutor Ousted By DeSantis Wins Back Seat

    Florida voters Tuesday brought back one of the former state attorneys previously suspended by GOP Gov. Ron DeSantis for neglect of duty and incompetence over policy disagreements in handling prosecutions for certain cases.

  • November 05, 2024

    Fla. Abortion Rights Measure Fails With Support Below 60%

    Florida voters failed to pass an amendment Tuesday that would have enshrined the right to abortion in the state constitution.

  • November 05, 2024

    Fla. Judge Overcomes Loss In Last Election To Win Seat

    Florida voters opted Tuesday to retain an appellate judge who was elevated to the newly created Sixth District Court of Appeal by Gov. Ron DeSantis after being ousted from the trial court bench in Tampa largely thanks to a highly publicized decision to deny a teenager an abortion because of poor grades.

  • November 05, 2024

    FTC Defends Noncompete Ban In 11th Circ. Appeal

    The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.

  • November 05, 2024

    Fla. Agency's Election Fraud Power Needs Review, Court Told

    A man accused of election fraud is asking the Florida Supreme Court to consider whether the Florida Office of Statewide Prosecution has the authority to pursue the claims against him.

  • November 05, 2024

    Fla. Judge Blames Lack Of Training In Fighting Ethics Charges

    A Florida state judge facing ethics charges on allegations she improperly held people in contempt, acted unprofessionally and handcuffed a victim admitted Monday to making mistakes, but attributed many of those mistakes to a lack of training and experience.

  • November 05, 2024

    Dems Push Insurance Regulators To Tackle Hurricane Fraud

    Three Democrats on the U.S. House Committee on Oversight and Accountability, including ranking member Rep. Jamie Raskin, sent letters to insurance regulators in the states hit by hurricanes Helene and Milton urging them to do more to prevent fraud and dishonesty from insurers looking to avoid covering damages.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 05, 2024

    Abortion Ballot Tracker: 7 States Add Protections As Fla. Effort Fails

    Residents in seven states voted to enshrine abortion rights in their state constitutions Tuesday while similar efforts failed in three other states, including Florida, where a closely watched and hotly contested ballot issue couldn't muster enough support.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

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    Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

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