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Florida
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October 09, 2024
'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
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October 08, 2024
Genting Unit Used Bahamas Resort To Hide Fraud, Suit Says
A Bahamanian real estate development company on Monday sued a U.S. company organized under destination resorts and casino giant Genting Group, saying in a Florida federal complaint that the Genting company used a resorts in the Bahamas as a "financial wasteland" that obscured fraudulent activities.
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October 08, 2024
$424M Medicare Fraud Suspect Asks NJ Court To Modify Bail
The lead suspect charged in a $424 million international telehealth fraud scheme has asked a New Jersey federal judge for more freedom while out on house arrest in Florida, requesting to attend religious services, go to a gym, have unmonitored communications with his counsel, and to work.
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October 08, 2024
Fla. Court Revives Nursing Home Death Suit
A Florida state appeals court on Tuesday revived a wrongful death suit seeking to hold an assisted living facility liable for a resident's death after she got into an altercation with another resident.
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October 08, 2024
FCC Chair Denounces Fla. Officials' Threat Over Abortion Ads
The head of the Federal Communications Commission on Tuesday blasted Florida officials for suggesting broadcast stations could be unlawfully airing ad claims by an abortion rights group.
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October 08, 2024
Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.
A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.
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October 08, 2024
Avian Orgs Say FWS Unlawfully Tossed Bid To Import Parrots
Two exotic bird nonprofits told the Eleventh Circuit Tuesday that they should have the chance to make their case for importing two parrot species to the U.S. Fish and Wildlife Service, which the nonprofits say unlawfully refused to even consider the petitions.
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October 08, 2024
Fla. Riot Law Targets Only Violent Protesters, 11th Circ. Says
The Eleventh Circuit reversed a lower court's preliminary injunction putting a halt to a recent Florida riot law put in place in the wake of the George Floyd protests, saying the law only targets violent agitators after the state's high court clarified that it doesn't apply to peaceful demonstrations.
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October 08, 2024
11th Circ. Revives Slip-And-Fall Suit Against Sam's Club
The Eleventh Circuit has reinstated a woman's suit against retailer Sam's Club alleging she slipped and fell on water in one of its stores, saying there's evidence creating a dispute about whether the store had constructive notice of the spill.
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October 08, 2024
Convicted Fla. Atty Suspended Over Theft In Court Clerk Post
The Florida Supreme Court has suspended the law license of the onetime clerk of courts for Jefferson County after he was convicted of grand theft and sentenced to 18 months behind bars.
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October 07, 2024
Mednax Gets Final OK For $6M Data Breach Settlement
A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."
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October 07, 2024
Activist Short Seller Blasts 'Preposterous' SEC Fraud Suit
The founder of Citron Research, a newsletter for short sellers, has asked a California federal court to dismiss the U.S. Securities and Exchange Commission's fraud suit against him and his investment advisory firm, arguing the suit "strategically omits" the disclaimers it accused the founder of not making.
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October 07, 2024
Fla. Jury Told Unchecked Plane Fueling Led To Crash Injuries
A professional angler told a Florida federal jury Monday that a Cessna pilot's failure to supervise the refueling of a plane led to the wrong tanks being filled, resulting in his injuries after the aircraft ran out of fuel midair and crashed-landed into the ocean near the Bahamas.
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October 07, 2024
Music Label Says 2 Live Crew Songs Were Works For Hire
The owner of music label Lil' Joe Records took the stand Monday as he began to make the case that the members of hip-hop group 2 Live Crew were employees, not independent contractors, when they produced their hits and therefore cannot claw back their rights to the recordings.
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October 07, 2024
Tribe's 'No Regret' Gaming Ads Misleading, Fla. Residents Say
Ads from the gaming vendor of the Seminole Tribe of Florida promising to give bettors as much as $100 back if they lose their first wager is false, deceptive, misleading and unfair marketing that violates state law, despite the tribe's claims of sovereign immunity, according to an updated proposed class action in federal court.
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October 07, 2024
High Court Doubts States Can Police Federal Rights Claims
The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.
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October 07, 2024
Henderson Franklin Adds Tax Pro To Florida Offices
A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.
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October 07, 2024
11th Circ. Balks At Ex-Braves' $47M Easement Case
Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.
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October 07, 2024
Whistleblower Must Show Docs In Fla. House-Flipping Scheme
A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.
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October 07, 2024
Ga. Asks Justices To Ignore Meadows' Election Removal Bid
Georgia county prosecutors fought a bid by former White House Chief of Staff Mark Meadows to move his election interference case into federal court, telling the U.S. Supreme Court that the legal issues at play require more "percolation" before they are ripe for review.
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October 07, 2024
Winston & Strawn Adds Digital Assets Pro From K&L Gates
Winston & Strawn LLP has hired as a partner for its transactions department and as a member of its digital assets and blockchain technology group an attorney who formerly worked at K&L Gates LLP and co-chaired its digital assets industry group.
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October 07, 2024
Supreme Court Passes On Developer's Takings Case
The U.S. Supreme Court decided Monday not to evaluate an Eleventh Circuit decision in favor of a developer who accused an Alabama county and its zoning board of an unconstitutional regulatory taking after they revoked a permit for a $1 million three-story development and issued a stop-work order.
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October 07, 2024
Justices Seek SG Input On Red State Bid To End Climate Torts
The U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a request by red states to nix climate change torts brought by blue state governments against fossil fuel companies, signaling its growing interest in the future of such cases.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Pa. Noncompete Ban Challenger Drops Case After Stay Denied
A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.
Expert Analysis
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Expect More Restaurant Ch. 11s As COVID Debt Comes Due
The wave of restaurant bankruptcies is likely to continue in the coming months as companies face the looming repayment of COVID-19 pandemic-era government loans, an uncertain economy and increased interest rates, says Isaac Marcushamer at DGIM Law.