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September 10, 2024
Miami-Dade Lied To Get Out Of Deal, Water Park Co. Says
A Florida company claimed a state court lawsuit brought by Miami-Dade County falsely alleges it caused the U.S. National Park Service to skip a required assessment of land owned by the local zoo, saying officials used that as an excuse to rescind a lease for a water park project.
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September 10, 2024
Truth Social Founder Ordered To Disclose Investor Details
A Florida state court judge on Tuesday ordered the founder of former President Donald Trump's Truth Social to turn over investor material in a suit accusing the founder of interfering with the process of taking the company public, holding it's "likely to lead to discovery of relevant and discoverable information."
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 10, 2024
Spencer Fane Keeps Growing, This Time With Tampa Litigator
Spencer Fane LLP has reinforced its Tampa, Florida office with a litigator whom law firm brass touted for her range in representing clients across several industries.
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September 10, 2024
Southwest Plans Board Shakeup Amid Activist Pressure
Southwest Airlines detailed plans Tuesday to overhaul its board of directors but stood by its chief executive, as the company faces pressure from Elliott Investment Management LP to make leadership changes.
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September 10, 2024
FAMU Must Face Law Professor's Race Bias Claims
A Florida federal judge won't toss a Florida A&M University College of Law professor's suit claiming that she was subjected to race-based discrimination, ruling that although her latest complaint could benefit from "significant refinement," it properly alleges her claims.
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September 09, 2024
Klayman's PGA Tour Antitrust Case Tossed By Fla. Court
Conservative legal firebrand Larry Klayman said Friday he will appeal a Florida court's decision to dismiss his lawsuit accusing the PGA Tour of colluding with the Official World Golf Ranking and others to kill the LIV Golf tour and overcharging spectators.
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September 09, 2024
EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
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September 09, 2024
Disability Rights Group Wants In On Ga. Election Law Fight
A Georgia-based disability rights organization asked the Eleventh Circuit on Friday to be let into a legal challenge that successfully blocked two Peach State election law provisions that put additional rules on voting by mail and handing out food and water to voters.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Red States, Industry Look To Sink EPA Vehicle Emissions Rule
The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.
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September 09, 2024
Orrick Trial Pro Jumps To King & Spalding In Miami
A former Orrick Herrington & Sutcliffe LLP partner and trial attorney has made his new home in King & Spalding LLP's product liability and mass torts practice group in Miami, the firm announced Monday.
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September 09, 2024
Judge Settles Suit Over Atty Blackmailing Her With Nude Pics
A Florida state court judge on Monday settled her lawsuit alleging an attorney blackmailed her with nude photos of herself, just weeks before a trial in the case was supposed to begin.
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September 09, 2024
Judge Rejects Ex-Law Prof's Recusal Bid In Retaliation Suit
A Florida federal judge has declined to step away from a retaliation and breach of contract suit brought by a former law professor at Florida A&M University, noting "even if" the professor were correct in asserting the judge had been critical of her, such critiques do not necessitate recusal.
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September 06, 2024
11th Circ. Judge Continues Drum Beat For Bench Use Of AI
An Eleventh Circuit judge who has explored how courts might use artificial intelligence to interpret terms in legal disputes revisited this idea in a recent concurring opinion in a criminal appeal, though he acknowledged the notion is "fairly provocative."
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September 06, 2024
Real Estate Recap: Pol Funding, Investor Angst, Climate Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.
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September 06, 2024
Ft. Lauderdale Must Face 2020 Protest Suit, But Cops Get Win
A Florida federal judge has ruled that several Fort Lauderdale police officers can't be sued by a protester who alleged that her civil rights were violated in a violent response to 2020 demonstrations over the death of George Floyd but said the city itself must still face various claims in her lawsuit.
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September 06, 2024
Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm
The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.
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September 06, 2024
Fla. Hospital Wins Records Fight In Amputation Suit
A Florida appeals court ruled Friday that a hospital need not produce an orthopedic surgeon's "credentialing file" in a suit accusing the surgeon of providing negligent care resulting in a leg amputation, saying the documents are protected under the state's Peer Review Statutes.
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September 06, 2024
11th Circ. Orders New Look At Penalty In SEC Loan Fraud Suit
The Eleventh Circuit on Friday rejected a bid from a couple accused by the U.S. Securities and Exchange Commission of a nearly half-a-billion-dollar fraud to reverse an order expanding a receivership of their merchant loan business, but it vacated $43.7 million in penalties they were ordered to pay on the grounds it was unclear who was liable for what.
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September 06, 2024
11th Circ. Revives Slip-And-Fall Suit Against Westin Hotel
The Eleventh Circuit reversed a win for Westin Hotel in a former guest's suit over injuries sustained in a slip and fall at an Indianapolis hotel, ruling that after the insurer that paid the guest workers' compensation benefits intervened in the suit, the case should have been sent back to state court.
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September 13, 2024
WilmerHale, Hanotiau Duo Launch New Arbitration Boutique
Two international arbitrators from WilmerHale and Hanotiau & van den Berg have left their previous firms after near-20-year stints to set up their own boutique practice.
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September 06, 2024
Jones Foster Notches Fees Win After Beating Malpractice Suit
Jones Foster PA won on a counterclaim for over $100,000 in unpaid legal fees against a pair of former clients this week in Florida federal court, shortly after defeating those clients' malpractice suit last month.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
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.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
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.
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Money Transmitter Licensing: An Issue Too Costly To Ignore
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.
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Employee Experience Strategy Can Boost Law Firm Success
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.
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And Now A Word From The Panel: A Strong Year For MDLs
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.
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Series
Competing In Triathlons Makes Me A Better Lawyer
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.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
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.
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Where Justices Stand On Chevron Doctrine Post-Argument
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.
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Precise Advance Notice Bylaws May Help Prevent Disputes
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.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
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.
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Lessons From Country Singer's Personal Service Saga
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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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.