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Florida
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July 29, 2025
11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."
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July 29, 2025
Miami Defends Election Delay, Cites State Law Supremacy
The city of Miami on Tuesday defended its decision to push municipal elections back by a year via ordinance, telling a state appeals court that the move is authorized by three state laws that supersede the city and county charters.
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July 29, 2025
Attys Blast 'Chilling Message' Of Judge Shopping Sanctions
Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."
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July 29, 2025
Johnson Pope Grows With Criminal Defense Boutique Tie-Up
Tampa criminal defense boutique Todd Foster Law Group, which was founded by a former FBI special agent, will join Johnson Pope Bokor Ruppel & Burns LLP, according to a Tuesday announcement.
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July 29, 2025
Judge Wants Docs On Feds' Role In Fla. Detention Center Suit
A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.
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July 28, 2025
Tesla Defends Autopilot Technology At Trial Over Fatal Crash
Tesla vehicles with autopilot engaged reported fewer crashes than those without, a Tesla corporate representative told jurors Monday in a trial over a fatal Florida Keys crash.
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July 28, 2025
Pharma Co. Alleges Clinical Trial Data Was Fabricated
A pharmaceutical research and development company sued New Jersey-based research organization Clinilabs LLC and several Florida clinical research firms Friday claiming they fabricated and covered up important clinical trial data for a new Alzheimer's disease treatment, wasting millions of dollars and setting the drug back at least five years.
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July 28, 2025
Florida's AG Announces 'Climate Cartel' Investigation
Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.
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July 28, 2025
11th Circ. Says Woman Must Arbitrate Experian Data Claims
The Eleventh Circuit said a district court should have allowed Experian Information Solutions to compel arbitration in a suit filed by a woman whose identity was allegedly compromised after a data breach, saying the company sufficiently showed she accepted terms of use that require arbitration.
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July 28, 2025
11th Circ. Overturns 15-Year Sentence Over Deportation Error
An Eleventh Circuit panel on Monday vacated a 15-year sentence for a man who pled guilty to drug and gun charges, saying the trial court judge went five years over prosecutors' recommendations based on the erroneous belief that the defendant was previously deported.
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July 28, 2025
Fla. Says Tribe Can't Join Detention Center Row, Feds Shrug
The Florida Division of Emergency Management's chief is objecting to the Miccosukee Tribe of Indians' effort to join green groups' legal fight against an immigration detention center constructed in the Everglades.
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July 28, 2025
Fed. Circ. Vacates Comcast's Mid-Trial Patent Case Win
The Federal Circuit on Monday threw out a Florida federal judge's mid-trial decision that cleared Comcast of allegations it infringed a rival's patent on streaming service technology, saying the lower court needs to take another pass.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
11th Circ. Backs Axing IP Suit Over Russian Band's Songs
The Eleventh Circuit ruled Monday that a Florida federal judge correctly dismissed a copyright complaint from a company that claims to own the rights to audio and video recordings of Russian pop group Tender May, saying the lower court did not have personal jurisdiction over the French digital music company being sued.
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July 28, 2025
Firm Can't Escape Atty's Whistleblower Suit In Fla.
A Florida state judge has rejected Matthiesen Wickert & Lehrer SC's bid to dismiss a whistleblower case by the former leader of its Jacksonville office.
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July 28, 2025
State Justices' Financial Disclosures 'Didn't Get Worse' In '24
Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 25, 2025
11th Circ. Says Court Can't Nix Discovery Evidence In FCA Suit
The Eleventh Circuit on Friday revived a whistleblower lawsuit that said moving companies conspired to defraud the U.S. General Services Administration, saying a lower court can't dismiss an amended complaint while ignoring information obtained through discovery.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
11th Circ. Overturns Funding Model For SEC Database
The Eleventh Circuit sent the U.S. Securities and Exchange Commission back to the drawing board on Friday to chart a path forward for its $500 million market surveillance tool, telling the regulator that it was unreasonable to potentially force broker-dealers to fund the entire project.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Caterpillar Unit Urges 11th Circ. To Revive Loan Default Suit
Caterpillar Inc.'s lending division urged the Eleventh Circuit on Friday to undo a Florida federal judge's dismissal of a suit to recover $4.8 million in loans to a construction machinery seller, arguing its case should go forward even if it hadn't filed "the platonic ideal of a complaint."
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July 25, 2025
Tesla Expert Says Autopilot Was Overridden Before Fatal Crash
An accident reconstruction expert told jurors in Florida federal court Friday that the driver of the Tesla that caused a fatal crash in the Florida Keys had overridden the autopilot and was in control of the vehicle for the 75 seconds before the crash.
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July 25, 2025
Ex-Credit Suisse Client Gets 2½ Years For Hiding Assets
A Florida federal judge on Friday sentenced a Colombian-American businesswoman and former Credit Suisse client to two and a half years in prison for conspiring with family members to hide more than $90 million in assets from the IRS through a series of foreign bank accounts.
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July 25, 2025
Fla. Hospital System Fights Class Cert. In Antitrust Suit
A Florida hospital system is pushing to avoid certification of a class alleging it locked in patients and locked out rivals on the state's Space Coast, telling a federal judge the teachers leading the antitrust suit changed their proposed class definition and can't account for highly individualized medical billing.
Expert Analysis
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.