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Florida
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August 08, 2024
Fla. Judge Dismisses Sex Abuse Suit, Blaming Lies By Atty
A Florida state judge has thrown out a suit by a Palm Beach real estate developer's daughter who alleges her father sexually abused her, ruling that her attorney's misrepresentations about an expert and why he withdrew from the case are fraud against the court.
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August 08, 2024
Debby Dampens Court Operations In Southeastern States
Tropical Storm Debby altered court operations in the Carolinas, Florida, Georgia and Virginia as it swept through the southeastern United States this week, with some judiciaries extending early or total closure plans to Friday.
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August 08, 2024
Ex-Morgan & Morgan Client Wants Malpractice Case In Court
A Georgia deputy sheriff suing Morgan & Morgan PA's office in Jacksonville, Florida, for malpractice has urged a Georgia federal court not to send his case to arbitration, as he claimed the firm effectively bullied him into signing a contract with an arbitration clause.
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August 08, 2024
Deals Rumor Mill: Roche, Thoma Bravo, Klarna
Roche is considering divesting cancer data specialist Flatiron Health, Thoma Bravo is exploring a sale of compliance software maker Cority, and fintech startup Klarna is preparing a secondary-share sale ahead of a planned IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 07, 2024
Hemp Cos. Owner Says Cousin Ripped Off Formula, Trademarks
The owner of Florida-based CBD and hemp companies White Lab LLC and GS Distribution LLC is suing a company owned by his cousin, saying the cousin has failed to pay up on a distribution agreement and is now trying to steal the trademarks to one of White Lab's product lines.
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August 07, 2024
DOD Contractor Wants No Prison For Parts Sales From Turkey
A Florida defense contractor who admitted to using a front company to supply critical military components that were made in Turkey asked Tuesday for a non-prison sentence, arguing that her participation in the scheme to defraud the U.S. Department of Defense was driven by financial desperation and a misplaced trust in those who ran the operation.
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August 07, 2024
OnlyFans Claims Immunity In Suit Over Alleged Rape Video
The London-based parent company of OnlyFans urged a Florida federal court to toss a lawsuit brought by a woman alleging the internet content provider profited off a video that she says shows her being raped, saying the Communications Decency Act precludes liability for material uploaded by third parties.
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August 07, 2024
Insurer Wants Bad Faith Claim Tossed In Russian Planes Suit
HDI Global and underwriters of insurance policies on airplanes stranded in Russia have asked a Florida court to toss a bad faith claim by aircraft leasing company Avmax, arguing that bad faith only applies to coverage denials without a reasonable basis and that in this case there has been no denial, and it is "fairly debatable" whether coverage applies.
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August 07, 2024
Fla. Bank Shareholders Lose Bid To Stop Recapitalization Deal
A Florida federal judge has denied a post-trial bid by Eastern National Bank NA shareholders to halt a recapitalization deal and stop the bank's board from implementing an equity compensation plan following claims that the bank didn't have proper authorization from the U.S. government to implement the plan.
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August 07, 2024
11th Circ. Affirms Unapportioned Wood-Theft Settlement
The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.
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August 07, 2024
Chancery Urges Bickering Journey Bandmates To Open Arms
Attorneys for deadlocked Journey band members Jonathan Cain and Neal Schon should keep the focus on "counseling rather than litigating" and go to trial in September only if they can't find another way to resolve their dispute over company management, a Delaware Chancery Court judge said Wednesday.
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August 07, 2024
Former Tampa Bay Buccaneers Associate GC Returns As CLO
The Tampa Bay Buccaneers of the National Football League have welcomed a new top lawyer, a seasoned attorney who was most recently general counsel for the National Hockey League's San Jose Sharks and who previously spent close to two years with the Buccaneers near the start of her career.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 06, 2024
Florida Asks 11th Circ. To Let Gender Law Take Effect Now
Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.
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August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 06, 2024
Japanese Restaurant In Aspen Sued For TM Infringement
A Florida restaurateur's intellectual property company has filed a trademark infringement lawsuit in Colorado federal court against a Japanese restaurant and its interim manager in Aspen, claiming they continued without permission to use the name and logo the IP company created.
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August 06, 2024
11th Circ. Won't Let Chubb Unit Ax $13.8M Appraisal Award
A Florida condo association's insurer waived its ability to challenge an over $13.8 million storm damage appraisal award by only arguing in court that the association's appraiser had a conflict of interest, the Eleventh Circuit affirmed Tuesday, finding the insurer could've lodged a challenge during the appraisal process itself.
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August 06, 2024
Fifth Third Bank Faces MDL Bid Over Allegedly Hidden Costs
A group of consumers is urging the Judicial Panel on Multidistrict Litigation to centralize in New Jersey five proposed class actions alleging Fifth Third Bank NA's solar panel financing business hid loan costs from consumers.
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August 06, 2024
Legal Service Co.'s Template Misused Identity Of Fla. Atty
Tampa Bay attorney Matthew Weidner has shared his work online before to help self-represented litigants, but a copy-paste error following a legal service company using his old pleading as a template recently led to his identity being misused in a Sixth Circuit case.
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August 06, 2024
Fla. Judicial Ethics Panel Sets Parameters For Elections
Florida's Judicial Ethics Advisory Committee has handed down a pair of opinions for judges navigating elections involving a judicial assistant and a judge's spouse.
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August 06, 2024
Atty Rips Lawyer's Suit Over $30K Law School Loan Judgment
A Florida employment lawyer's "absurdly long" federal complaint alleging his onetime romantic partner and her attorneys conspired with a Wells Fargo consultant to concoct a vexatious lawsuit against him should be trimmed, one defendant argued Tuesday, noting that an underlying judgment was entered against the plaintiff.
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August 06, 2024
World Of Beer Latest Dining Chain To Tap Ch. 11 Post-COVID
World of Beer Bar & Kitchen, a restaurant chain known for its craft beer selection, filed for bankruptcy in Florida citing a pandemic hangover and outlining plans to close unprofitable locations and restructure some of its $30 million in debt while in Chapter 11.
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August 05, 2024
CFPB's Buy-Now, Pay-Later Policy In House GOP Crosshairs
Republican members of Congress have taken aim again at the Consumer Financial Protection Bureau's recent guidance requiring that some of the protections provided to credit card users be applied to buy-now, pay-later loans, putting forward a new measure that would overturn what the lawmakers argue is a "destructive," overreaching policy.
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August 05, 2024
SEC Nabs $1M Default Win Against Fuel Tech Co.
A fuel and gas company previously known as Taronis Technologies Inc. must pay a $1 million civil penalty after disregarding U.S. Securities and Exchange Commission allegations it touted nonexistent or exaggerated customer relationships with big customers, including Turkey's government and food processor Smithfield.
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August 05, 2024
Italian Restaurant Chain Hits Ch. 11 With At Least $10M In Debt
Buca di Beppo filed for Chapter 11 protection in Texas bankruptcy court Monday, with the Italian restaurant chain citing at least $10 million in debt just days after shuttering more than a dozen locations.
Expert Analysis
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Series
Fla. Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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What Rescheduling Could Mean For Cannabis Bankruptcies
Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.