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Florida
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October 30, 2024
Class Asks Court To Revive Claims Against Florida Blue
A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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October 30, 2024
FinCEN Extends BOI Report Deadline For Hurricane Victims
The U.S. Department of the Treasury's Financial Crimes Enforcement Network has extended deadlines for submitting beneficial ownership information for victims of recent hurricanes, offering an additional six months to file or update reports, or to correct prior reports.
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October 30, 2024
Fla. Vax Critic Urges Panel To Revive Advance Auto Injury Suit
A Florida woman Wednesday urged a state appellate panel to revive her personal injury lawsuit against Advance Auto Parts, saying a lower court wrongly tossed it after determining she misrepresented medical problems from a vehicle collision with a company driver based on her internet comments regarding COVID-19 vaccine reactions.
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October 30, 2024
Alleged Kickback Plotters Can Waive Conflict Over Attorney
A Colorado federal judge on Wednesday concluded that a lab testing company owner charged with participating in a kickback scheme to defraud Medicare and a man who pled guilty to participating in a connected conspiracy could waive any conflicts that might arise from both using the same attorney.
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October 30, 2024
Defunct Insurer Says Broker Sabotoged Investment Coverage
A defunct specialty insurer has accused a broker of sabotaging its innovative investment theft protection program, telling a Florida federal court the broker not only failed to sell a single policy but also abruptly canceled its agreement amid negotiations with a separate broker, damaging the insurer's reputation and costing it millions of dollars.
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October 30, 2024
Cigna Wants $16.1M, Florida Labs Seek $5.1M In Benefits Feud
Cigna should pay $5.1 million for harming three Florida laboratories by wrongfully declaring thousands of substance abuse treatment tests medically unnecessary, the labs told a Connecticut jury Wednesday, while Cigna asked to recoup $16.1 million in payouts to the labs for what it called "wasteful" tests.
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October 30, 2024
11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief
A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.
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October 30, 2024
Publix Denied Early Win Over Opioid Coverage Defense
A Florida federal court rejected Publix's bid for defense cost coverage for dozens of public nuisance lawsuits related to the opioid crisis, finding Wednesday that the damages sought are too far removed from particular bodily injuries caused "because of" opioid addiction, as required in Publix's policies.
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October 30, 2024
Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads
A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.
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October 30, 2024
Treasure Hunter Urges Atty DQ In Fla. Shipwreck Suit
A member of an ocean salvage company urged a Florida federal court Wednesday to disqualify counsel applying to represent his opponent in a lawsuit over a claim to a Spanish galleon's sunken treasure, saying the attorney previously represented the company in a separate dispute involving the same wreckage.
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October 29, 2024
Judge Extends Block On Florida's Threats Over Abortion Ad
A Florida federal judge on Tuesday extended a temporary order blocking the state from threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.
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October 29, 2024
Fla. Banker Agrees To Change Plea In Money Laundering Case
A Miami banker who is the son of Ecuador's ex-comptroller on Tuesday agreed to change his plea to guilty in a federal case alleging that he helped launder money for his father, who was convicted for his role in a corruption scandal that involved canceling fines for a hydroelectric dam in exchange for millions in bribes.
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October 29, 2024
Fla. Health Agency's All-Out Battle Against Abortion Measure
Florida's health agencies are testing the limits of their power — and generating plenty of controversy in and outside of court — for their role in an aggressive effort to defeat a ballot measure that would enshrine abortion rights in the state constitution.
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October 29, 2024
Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle
A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.
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October 29, 2024
Feds Tell High Court To Deny Va.'s Bid To Revive Voter Purge
The U.S. Supreme Court must leave in place a court order prohibiting Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, the federal government and advocacy groups argued Tuesday, contending the risk of erroneously stripping eligible voters of their rights outweighs any purported harm to the state.
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October 29, 2024
Building Co. Cops To Worker Scheme Tied To Tax Fraud
A truss building company pled guilty to conspiring to hide its employment of dozens of unauthorized workers from the U.S. Department of Homeland Security with a former employee, who admitted to filing false tax returns as part of the scheme, according to Florida federal court documents.
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October 29, 2024
Cannon Won't Recuse In Trump Shooting Suspect's Fla. Case
U.S. District Judge Aileen Cannon declined Tuesday to recuse herself from overseeing the case of a man charged with attempting to shoot former President Donald Trump, saying Trump's praise of her and reports that he would consider her for attorney general if elected are not enough to disqualify her.
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October 29, 2024
Fla. Judge Modifies Order Requiring News Articles Takedown
A Florida state judge on Monday revised an order requiring the deletion of various online news stories about a real estate dispute after a constitutional law scholar, who had written about the case, told the court he would not comply with what he called an unconstitutional order.
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October 29, 2024
Court Closure Sought Over Taunts By Florida Gun Shop Owner
The Connecticut Attorney General's Office urged a state judge to protect the identity of its investigator in filings and to close the courtroom during their testimony at trial in a lawsuit alleging a Florida company deceptively sold do-it-yourself gun kits, saying anonymity is needed because of the owner's online taunts.
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October 29, 2024
Warren Pushes FTC Chair To Probe Oncology Acquisitions
Massachusetts Sen. Elizabeth Warren on Tuesday urged the Federal Trade Commission to scrutinize McKesson Corp.'s proposed $2.49 billion acquisition of a controlling stake in Core Ventures, and Cardinal Health's proposed $1.12 billion purchase of a controlling stake in Integrated Oncology, saying the deals would further consolidate the "already highly consolidated" oncology market.
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October 29, 2024
PE-Owned Implant Maker Plagued By Lawsuits Hits Ch. 11
Joint implant maker Exactech Inc. on Tuesday filed for Chapter 11 protection in Delaware bankruptcy court with an offer from its lenders to take over the company, as a wave of lawsuits tied to product recalls weighs on the private equity-owned firm.
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October 28, 2024
Casinos End Dispute With Fla. Tribe, Agree To Partner
Several Florida casino operators have promised to end litigation against Seminole Tribe of Florida over an agreement with the state government allowing the tribe to receive online sports bets, instead agreeing to partner with the tribe to offer and promote gambling through an app, the tribe announced Monday.
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October 28, 2024
Tech Groups Target Fla. Law To Restrict Kids On Social Media
A pair of tech industry trade associations are pressing a Florida federal court to strike down a new state law that would ban children under 13 and restrict 14- and 15-year-olds from social media, arguing that the measure would unconstitutionally stifle free speech and create new "honeypots" of personal data for hackers to exploit.
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October 28, 2024
Philip Morris Nicotine Pouch Suit Not About Labels, Court Told
A lawsuit accusing Philip Morris International of misleading customers of its ZYN nicotine pouches asserts claims under business practices and false advertising statutes, but not the federal labeling law the tobacco giant is invoking in its dismissal bid, the suing consumer told a Connecticut federal court.
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October 28, 2024
Fla. Condo Sues Flood Insurer Over Undervalued Storm Claim
A Florida condominium association damaged by a 2022 hurricane has alleged its insurance company failed to provide adequate compensation under the terms of a $13 million policy in accordance with its mandate with the National Flood Insurance Porgram.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims
While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
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.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
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.
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The Strategic Advantages Of Appointing A Law Firm CEO
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.
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Navigating Fla.'s Shorter Construction Defect Claim Window
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.
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Series
Beekeeping Makes Me A Better Lawyer
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.
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What To Know About New Employment Laws In Fla.
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.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
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.
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How Cos. Can Build A Strong In-House Pro Bono Program
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.
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Series
Home Canning Makes Me A Better Lawyer
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.
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An Update On Legal Issues In The Drone Market
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.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
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.
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Navigating FEMA Grant Program For Slope Fixes After Storms
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.
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Smith's New Trump Indictment Is Case Study In Superseding
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.