Florida

  • December 03, 2024

    Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight

    Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.

  • December 03, 2024

    Fla. High Court Takes Up Ex-Marvel Exec's Hate Mail Dispute

    The Florida Supreme Court agreed Tuesday to take up the question of whether former Marvel Entertainment chair Ike Perlmutter can request punitive damages in a case against his neighbor in a long-running defamation dispute over hate mail.

  • December 03, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.

  • December 03, 2024

    Fla. Vape Maker Sues Colo. Rival Alleging Infringed Patent

    Florida-based VPR Brands LP sued O.Pen Vape LLC in Colorado federal court on Tuesday, alleging that the Colorado-based seller is distributing electronic cigarettes that infringe a VPR patent.

  • December 03, 2024

    Walgreens Settles Call Center Workers' Unpaid OT Suit

    An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.

  • December 03, 2024

    Fla.'s 'Mother Teresa' Gets 20 Years For Ponzi Scheme

    A Florida federal judge on Tuesday accused the U.S. attorney's office of "abdicating its responsibility" by agreeing to a maximum of 20 years in prison for Johanna Garcia, the former MJ Capital CEO known as "Mother Teresa" who pled guilty to running a $190 million Ponzi scheme.

  • December 03, 2024

    Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11

    A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.

  • December 02, 2024

    11th Circ. Axes Failed Med Student's Disability Suit

    The Eleventh Circuit on Monday affirmed a win for Florida International University in a dispute with a disabled medical student, ruling that the student's removal was not due to disability discrimination but rather to his failure to meet the minimum academic standards even with accommodations.

  • December 02, 2024

    Judge OKs Fla. Law Firm's $229K Fee In Chiquita MDL

    A Florida federal judge on Monday approved a fee of more than $229,000 to a law firm for its work in reaching a settlement in the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries following a recommendation from a magistrate.

  • December 02, 2024

    Fla. Tribe Sues Eli Lilly, CVS, Others Over Insulin Price-Fixing

    The Miccosukee Tribe in Florida is alleging drugmakers like Eli Lilly & Co. and pharmacy benefit managers like CVS illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a new lawsuit filed in New Jersey federal court.

  • December 02, 2024

    Trial Date Set In 3-Way Fight Over Historic Ohtani Baseball

    A trial is now scheduled for one of two Florida state lawsuits to decide which of three baseball fans legally owns a home run ball hit by superstar Shohei Ohtani that was later auctioned off for $4.39 million.

  • December 02, 2024

    Top Promoter Of $58M IcomTech Crypto Ponzi Gets 10 Years

    A Manhattan federal judge hit a Florida cryptocurrency salesman on Monday with a 10-year prison sentence for his role in promoting the $58 million IcomTech Ponzi scheme, saying he victimized others in a "get rich quick" scam and may do so again.

  • December 02, 2024

    Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK

    A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.

  • December 02, 2024

    EB-5 Visa Scam Suit Against Fla. Immigration Atty Ends

    A Florida federal judge on Monday dismissed with prejudice a lawsuit against an immigration attorney over a $500,000 visa scam after the two parties filed a stipulation of dismissal.

  • December 02, 2024

    Fla. Judge Suspended For Pro-Cop Campaign Remarks

    A Florida state judge will face a 25-day suspension without pay for showing bias in favor of law enforcement during his campaign by making or approving statements such as, "Criminals won't be happy to see me on the bench."

  • December 02, 2024

    Miss America CEO Files $500M Suit Alleging Bankruptcy Fraud

    The producer of the Miss America pageant and its related entities have filed a $500 million racketeering suit in Florida accusing developer Glenn Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.

  • November 27, 2024

    Starbucks, Baker Botts Partner Accused Of Defaming Inventor

    An executive for a patent-licensing company that's pursuing infringement litigation against numerous restaurants over a patent that lets customers place mobile orders using a real-time menu that can make personalized suggestions accused Starbucks and its Baker Botts LLP attorney in a lawsuit Wednesday of making defamatory statements about him.

  • November 27, 2024

    Fla. Judge Halts School Board Depos In Book Ban Suit

    A Florida federal judge ordered a partial stay that temporarily halts depositions of Escambia County School Board members in a First Amendment challenge to a ban on certain books, but deferred staying the entire case until an appeal before the Eleventh Circuit is resolved.

  • November 27, 2024

    A Look Back At Years Of Zantac Litigation: Timeline

    After the U.S. Food and Drug Administration raised a red flag five years ago that heartburn drug Zantac and its generics contained levels of a chemical that could cause cancer, litigation kicked off in federal and state courts. Here, Law360 presents a timeline of the lawsuits, trials and settlements that ensued.

  • November 27, 2024

    Ex-Disney Cruise Line Employee's Claim Sent To London

    A Florida federal judge has ordered a former Disney Cruise Line employee to arbitrate in London his claim that the company wrongly fired him after he twice tested positive for marijuana, disagreeing with the man that Disney had waited too long to file its bid for arbitration.

  • November 27, 2024

    Dad Can Sue Over Atty Sons' Alleged Fraud In Death Deal

    A Florida appeals court reinstated Wednesday a suit seeking to change terms of a trust agreement regarding a multimillion-dollar wrongful-death settlement amid claims that a Miami attorney and his Morgan & Morgan attorney brother defrauded their father of his rightful share, holding that a fraud claim warrants a second look.

  • November 27, 2024

    Miss America Ch. 11 Dismissal Hearing To Wait For Event

    A hearing on a motion to dismiss the Chapter 11 case of an entity tied to the Miss America pageant will wait until after the competition wraps up in January, a Florida bankruptcy judge ruled Wednesday, allowing for discovery among two parties disputing the proper ownership of the organization.

  • November 27, 2024

    City Golf Course Exempt From Property Tax, Fla. Justices Say

    A municipal golf course in Florida is exempt from property taxes despite a management agreement with a for-profit company, the state Supreme Court ruled Wednesday, reversing an appeals court decision.

  • November 27, 2024

    Up Next At The High Court: Transgender Care, Holocaust Art

    The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.

  • November 27, 2024

    Fla. Atty Vows To Fight Litigation Funder's Law Firm Stock Win

    A Florida attorney is planning to challenge a state appellate decision issued Wednesday that he must turn over stock interest in his law firms to a litigation finance company to help cover tobacco settlement funds, asserting that the ruling must be vacated in light of a recent Texas appellate decision that invalidated an underlying judgment.

Expert Analysis

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.

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    In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Trump Faces Uphill Battle If He Tries To Target Prosecutors

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    On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Video Privacy Law Claims After 2nd Circ. NBA Ruling

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    The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

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