Florida

  • August 19, 2024

    Florida Judge's Recusal Not Required After Child's Arrest

    A Florida judge presiding over the juvenile division in a county where the judge's own child was arrested or charged with a crime need not be recused from juvenile delinquency cases, a state ethics watchdog has found, though the judge must disclose the information to parties in juvenile delinquency matters.

  • August 16, 2024

    11th Circ. Partially Reverses Rental Car Co.'s Win In Fee Suit

    The Eleventh Circuit has revived a class of consumers' breach of contract claims against a Florida rental car company over allegedly deceptive damaged vehicle costs but affirmed a lower court's finding that the lead plaintiffs did not suffer any actual damages.

  • August 16, 2024

    Real Estate Recap: Cases To Watch, DC Flooding, NYC Hotels

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the commercial real estate cases to watch in 2024's second half, one BigLaw attorney's thoughts on new Washington, D.C., flood construction rules and the NYC hotel license bill that has hospitality attorneys rattled.

  • August 16, 2024

    Florida Unlikely To Act Quickly On Condo Law Cost Concerns

    Florida lawmakers appear unlikely to take preemptive action to modify condominium safety laws enacted after the deadly 2021 building collapse in the town of Surfside, despite concerns that approaching year-end deadlines for mandated structural inspections and reserve studies will lead to overwhelming financial burdens for many residents.

  • August 16, 2024

    Customer Says AAA Must Improve Oversight Of Arbitrators

    The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.

  • August 16, 2024

    Shaq Must Face Trimmed Suit Over Astrals Project NFTs

    Basketball Hall of Famer Shaquille O'Neal can escape some, but not all, claims in a proposed class action alleging his promotion of Astrals Project nonfungible tokens violated securities laws by marketing unregistered digital assets, a Florida federal judge ruled Friday.

  • August 16, 2024

    Birth Control Cos. Say Conn. Injury Suit Must Be Tossed

    Several birth control companies have urged a Connecticut state court to toss a lawsuit brought by a woman alleging she was injured by the Filshie Clip contraceptive device, saying there is no jurisdiction because the parties involved in the case have no ties to Connecticut.

  • August 16, 2024

    Developer's Widow Sues For Control Of Century Homebuilders

    The widow of Sergio Pino, the late founder and CEO of Century Homebuilders Group LLC, has filed suit asking a Florida state court to declare her the sole owner of the company and "to finally put an end to unlawful efforts" by his estate and his brother to claim otherwise.

  • August 16, 2024

    Trump Media Sued In Del. After New Fla. Share-Sale Challenge

    Citing "contemptuous disregard" for Delaware Court of Chancery orders, two co-founders of Trump Media & Technology Group have sought a temporary restraining order to block the social media venture from seeking a Florida court order to stop their sale of some 18 million shares.

  • August 16, 2024

    Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services

    A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.

  • August 16, 2024

    Fla. Atty Gets Second Look At Sanctions Ruling Over Mistrial

    A Florida attorney and his law firm, Garrison Yount Forte & Mulcahy LLC, will get the sanctions against them reconsidered by a state trial court after a three-judge panel for Florida's Fifth District Court of Appeal found they were denied a necessary hearing prior to receiving the penalties after the attorney's actions led to a mistrial in a personal injury case. 

  • August 16, 2024

    Gunster Aims To Erase Data Breach Suit In Florida

    Gunster Yoakley & Stewart PA has asked a Florida federal court to toss a proposed class action related to a data breach in 2022, arguing that the former client failed to state actual damages sustained by the potential class due to the cybersecurity incident.

  • August 16, 2024

    Taxation With Representation: Cleary, Kirkland, Skadden

    In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.

  • August 15, 2024

    Trump's $100M Tort Claim Against DOJ Faces Uphill Climb

    Experts say Donald Trump's $100 million claim against the federal government for the search of his Mar-a-Lago estate and the prosecution of the allegedly illegal retention of classified documents there will be an uphill climb for the former president because of the limited application of the Federal Tort Claims Act.

  • August 15, 2024

    You Can Drive 100 Miles, Albright Tells Texas Instruments

    Dallas-based Texas Instruments Inc. failed Thursday to persuade U.S. District Judge Alan Albright of the Western District of Texas to let a patent lawsuit leave his jurisdiction, in part because of the "less than 100 miles" between Waco and the federal courthouse in Dallas.

  • August 15, 2024

    SEC Nabs $5.75M Judgment Against Unregistered Broker

    A Florida man and his business have agreed to pay the U.S. Securities and Exchange Commission $5.75 million to end claims they operated as unregistered broker-dealers for at least four years.

  • August 15, 2024

    Fla.'s The Villages Exempted From FTC Noncompete Ban

    A Florida retirement community's real estate broker will be exempt when the Federal Trade Commission's noncompete ban goes into effect next month, under a limited injunction imposed by a federal judge who recognized the agency's rulemaking powers but said they go too far here.

  • August 15, 2024

    Fla. Court Wrongly Blocked Health Report Without Evidence

    A Florida state appeals court has reversed a state court order blocking the release of an investigative report related to a man's suicide after he was discharged from a mental health center, saying the circuit court shouldn't have denied a request by the man's father for the report based on an argument from the center's managing entity without evidence.

  • August 15, 2024

    Fla. Judge Rules Miami Official's Salary Can't Be Garnished

    A Florida federal judge recommended the dissolution of a garnishment levied against the salary of a Miami elected official who a jury said owes $63.5 million for civil rights violations, saying the evidence shows that he qualifies for a head-of-household exemption.

  • August 15, 2024

    Developer Loses Attempt To Get Damages From Carlton Fields

    A Miami developer suing the Carlton Fields law firm for $10 million can't recover damages arising from an underlying finding of civil theft against him, a Florida state judge ruled Thursday.

  • August 15, 2024

    Levi & Korsinsky To Lead Hertz EV Cost Shareholder Suit

    Levi & Korsinsky LLP will represent a proposed class of investors in car rental giant Hertz Global Holdings Inc. in litigation alleging it exaggerated demand for electric cars, then took a $200 million earnings hit as it worked to offload those cars.

  • August 15, 2024

    Pharma Co. TM Dispute Doesn't Belong In Florida, Judge Says

    A trademark lawsuit between two drug companies with similar names does not belong in a Florida federal court, a judge in West Palm Beach has ruled.

  • August 15, 2024

    Delta Facing Second Customer Suit Over IT Outage Response

    A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.

  • August 14, 2024

    Fla. Gratuity Platform Alleges Toast Stole Trade Secrets

    Gratuity Solutions LLC accused Boston-based Toast Inc. of misappropriating trade secrets in a lawsuit brought Wednesday in Florida federal court, alleging that executives from the point-of-sale software company stole confidential information after a failed bid to merge the two companies.

  • August 14, 2024

    Harley-Davidson Liable For $287M In 'Trike' Crash Verdict

    A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Money Transmitter Licensing: An Issue Too Costly To Ignore

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    Money transmitter licensing has become particularly relevant in recent years as digital currencies and payment technologies have piqued regulator interest, and companies should consider whether they need to be licensed to avoid disruption of operations, as well as significant fines and penalties, says Clayton Swears at Hudson Cook.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Precise Advance Notice Bylaws May Help Prevent Disputes

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    While the Chancery Court's December decision in Kellner v. AIM Immunotech shows that Delaware courts won't always uphold advance notice bylaws, and its willingness to selectively enforce or invalidate individual provisions doesn't create an incentive for companies to be surgical in their drafting, companies should nonetheless be precise when drafting such bylaws to avoid unnecessary disputes, say attorneys at Debevoise.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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