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Florida
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October 15, 2024
FTC Wants More Info On $1.36B Home Healthcare Deal
The Federal Trade Commission has requested more information about healthcare solutions company Owens & Minor Inc.'s planned $1.36 billion purchase of home-based care business Rotech Healthcare Holdings Inc., extending the agency's merger review.
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October 11, 2024
Real Estate Recap: Rating Climate Risk, Window Tech, Towers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a data-driven look at how climate risk is calculated for property owners, what one proptech company is doing to improve high-rise window-washing, and a new tracker following the tallest tower projects in the United States.
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October 11, 2024
11th Circ. Reinstates, Remands Alabama Burial Ground Fight
An Eleventh Circuit panel on Friday vacated and remanded a lower court's order in a fight between two Alabama tribes over a sacred burial site, saying it failed to review the litigation's sovereign immunity issues on a claim-by-claim basis.
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October 11, 2024
Fla. Suit Over $79M Bezos Property Purchase Moves Forward
A Florida state court judge on Friday denied a motion to dismiss a lawsuit accusing a real estate broker of misrepresenting that Amazon founder Jeff Bezos wasn't the true purchaser of a $79 million property on Miami's exclusive Indian Creek Island, causing the seller to reduce the listing price by millions.
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October 11, 2024
Secret Docs May Delay Foreign Agent Case, Ex-Fla. Rep Says
A former Florida congressman told a Miami federal judge on Friday that he's requested evidence from prosecutors that may exonerate him on criminal charges of failing to register as a foreign agent while lobbying for Venezuela, saying the discovery implicates classified information that may delay proceedings in his case.
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October 11, 2024
Judge OKs Deal In One Of EEOC's First PWFA Suits
A Florida federal judge on Friday approved a nearly $100,000 consent decree between a Florida resort and a line cook fired when she requested time off after a stillbirth, in one of the U.S. Equal Employment Opportunity Commission's first batch of cases accusing employers of violating the Pregnant Workers Fairness Act.
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October 11, 2024
BurgerFi Creditors Blast DIP, Bidding Procedures In Ch. 11
Unsecured creditors of restaurant chain BurgerFi Inc. are challenging the terms of its post-bankruptcy financing package and some of the details of its planned asset sale, saying the provisions will unfairly leave creditors with little to nothing in recoveries.
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October 11, 2024
Nelson Mullins Can't Beat DQ In Foreign Exchange Fraud Suit
A Florida state appeals court panel unanimously sided with a trial court Friday in deciding that Nelson Mullins Riley & Scarborough LLP can't represent the defendant in a lawsuit accusing him of duping the plaintiff into doing business with online foreign exchange platform FxWinning Ltd. because the firm previously represented the plaintiff in a "substantially related" suit against the company.
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October 11, 2024
Dems Ask FTC About Price-Gouging Ban After Hurricanes
The ravaging of the Southeast U.S. by Hurricanes Helene and Milton has left affected communities desperate for basic necessities, leading to concerns of price-gouging, and a group of Democratic lawmakers wants the Federal Trade Commission to weigh in on whether there should be a federal ban on the practice.
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October 11, 2024
Staffing Co. Cuts Deal To End Travel Nurses' Pay Claims
A staffing firm agreed to pay nurses $500 each to end allegations that it lured them to work at COVID-19 testing clinics in Fort Lauderdale, Florida, by making wage promises it never fulfilled, a filing in Georgia federal court said.
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October 10, 2024
Ex-Boxer Slams 'Big Brother' Tactics In $1B Drug Case
The legal team of former heavyweight boxer Goran Gogic criticized the government's attempt to introduce alleged evidence from a massive state-sponsored hack of a messaging app in their client's $1 billion cocaine trafficking case, saying Thursday the use of the data thwarts constitutional protections and could provide an opening to target other encrypted platforms.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Hurricane Delays Key Deadlines In NASCAR Antitrust Suit
A North Carolina federal judge is delaying a key hearing in the ongoing monopoly suit between Michael Jordan's racing team and NASCAR, granting the motorsports league's request for more time as its employees deal with the impact of Hurricane Milton.
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October 10, 2024
Fla. Panel Frees Officials From Suit Alleging Election Meddling
The Florida Supreme Court ruled Thursday that Gov. Ron DeSantis and top state officials didn't unlawfully try to influence voters when they advocated against an upcoming ballot measure that would legalize abortion up to viability, denying a petition brought by an attorney seeking to hold them accountable for improper political interference.
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October 10, 2024
George Foreman Unlikely To Get '70s Sex Assault Suit Trimmed
A California federal judge was skeptical Thursday of boxing legend George Foreman's bid to trim alleged conduct that occurred in Texas and Florida from a lawsuit claiming he groomed and sexually abused a teenage girl in the 1970s.
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October 10, 2024
Gunster Reaches Deal In One Of Two Data Breach Actions
Gunster has struck a settlement agreement in one of the two proposed class actions it faces in Florida federal court over a 2022 data breach, while the plaintiffs in the second case urged the court the same day to reject the law firm's dismissal bid in their suit.
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October 10, 2024
Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami
Quinn Emanuel Urquhart & Sullivan LLP's 3-year-old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.
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October 09, 2024
Court Affirms Waste Management Win In 'Titans Of Trash' Spat
A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.
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October 09, 2024
11th Circ. Told Fla. Venue Can't Show Injury In Drag Show Law
Florida told the Eleventh Circuit on Wednesday that it should be allowed to implement a law prohibiting children from attending drag shows, arguing that an Orlando bar that sued to stop the law's enforcement hasn't met its burden showing an injury traceable to the state.
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October 09, 2024
Payment Processor Accuses Pot Biz Of Ending Contract Early
A Florida-based payment processor accused a cannabis merchant of ending a three-year contract early and blowing off requests for an agreed-upon termination fee, putting the processor out nearly $320,000.
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October 09, 2024
Staffing Biz Deemed A Contractor Can't Get H-2B Workers
A U.S. Department of Labor appeals board rejected a Florida staffing agency's bid to hire 15 food "batchmakers" through the H-2B visa program, ruling on Wednesday that the company failed to provide enough evidence that it's not a contractor.
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October 09, 2024
Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims
A Georgia federal judge on Wednesday granted Morgan & Morgan PA's bid to compel arbitration of a former client's legal malpractice claims, ruling that the state's justices have already rejected his argument that arbitration clauses between attorneys and clients should be unenforceable.
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October 09, 2024
Sullivan & Cromwell Dropped From FTX Investor Suit
FTX customers dismissed Sullivan & Cromwell LLP from ongoing multidistrict litigation over the crypto exchange's collapse on Wednesday, after an investigation by the customers' counsel into the firm and dialogue with the FTX bankruptcy estate and appointed examiner resolved concerns about the law firm's conduct.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 09, 2024
Fla. University Inks $1.5M Deal In 401(k) Mismanagement Suit
A Florida university struck a $1.5 million deal with a class of employees that claimed the school weighed down its $400 million retirement plan with excessive recordkeeping fees and shoddy investment funds.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.