Florida

  • September 27, 2024

    Gunster Says Absence Of Damages Sinks Data Breach Case

    Gunster Yoakley & Stewart PA wants a proposed class action lawsuit against it tossed in Florida federal court, arguing plaintiffs who had their personal information compromised when the law firm fell victim to a cyberattack can't show any harm was done.

  • September 27, 2024

    Philip Morris Says Nicotine Pouch Suit Is Preempted

    Philip Morris International Inc. and a subsidiary are urging a Connecticut federal judge to throw out claims that they falsely advertised nicotine pouches as safe and healthy and marketed them to adolescents, saying the claims are preempted by federal law.

  • September 27, 2024

    Medical Equipment Co., Founder Settle FCA Suit For $20M

    A Florida-based medical equipment company and its founder will pay $20 million to settle claims under the federal False Claims Act that they improperly billed government healthcare plans for duplicated and unnecessary sales of devices meant to offer pain relief through electrical stimulation, Pennsylvania prosecutors said Friday.

  • September 26, 2024

    11th Circ. Affirms Convictions In Fla. Shark Rescue Case

    The Eleventh Circuit upheld felony theft convictions for two Florida tour boat divers who were prosecuted for freeing sharks they believed were illegally poached, but turned out to be part of a research project conducted with a permit granted by the National Oceanic and Atmospheric Administration.

  • September 26, 2024

    FCC Hits Alleged Pirate Radio Operators With $1.8M In Fines

    The Federal Communications Commission on Thursday slapped more than $800,000 in fines on three alleged pirate radio operators in the Miami area and proposed $1 million in forfeitures against three others in the New York City area.

  • September 26, 2024

    Feds Rip Railroads' 11th Circ. Bid To Void Train Crew Size Rule

    The U.S. Department of Transportation has told the Eleventh Circuit that its new train crew size rule is intended to promote rail safety, yet railroads have misconstrued the requirement and overblown their purported cost burdens in an effort to torpedo the rule.

  • September 26, 2024

    NFL QB Haskin's Widow Defamed Dog Breeder, Suit Says

    Current Kansas City Chiefs defensive tackle Mike Pennel Jr. and his dog breeder girlfriend are suing the widow of late Pittsburgh Steelers quarterback Dwayne Haskins for defamation after she allegedly publicly accused them of being frauds and stealing her dogs.

  • September 26, 2024

    Causation Claim Came Early, BP Spill Workers Tell 11th Circ.

    Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.

  • September 26, 2024

    Fla. Court Affirms Loss For Boies' Film Co. In $20M Spat

    A Florida appeals court on Thursday affirmed a private judge's decision siding with an investment firm accused by Boies Schiller & Flexner LLP Chairman David Boies' film development company of making misrepresentations to secure a $20 million investment in a movie starring Natalie Portman that later flopped at the box office.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    Bakery Wants Out Of $16M Payment To Pension Fund

    An Indiana wholesale bakery company asked the Eleventh Circuit on Thursday to reverse an order for the bakery to pay a union pension fund $15.6 million, arguing that the pension fund's interpretation of the Multiemployer Pension Plan Amendments Act conflicts with the plain text of the statute.

  • September 26, 2024

    11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team

    An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.

  • September 26, 2024

    FTX Strikes Deal With MDL Counsel For Ch. 11 Plan Support

    FTX Trading Ltd. has asked a Delaware bankruptcy judge for permission to enact a settlement with plaintiffs and counsel it's facing in multidistrict litigation in Florida, saying the proposed deal would prevent potentially costly legal tussles and bring the plaintiffs on board to support FTX's Chapter 11 plan.

  • September 26, 2024

    Atty Sheehan Owes $144K Fees For 'Frivolous' Big Lots Suit

    Prolific New York-based consumer advocate attorney Spencer Sheehan of Sheehan & Associates PC must cover the approximately $144,000 tab for attorney fees incurred amid the "frivolous" coffee labeling suit he brought against national retailer Big Lots Inc., a Florida federal judge has ordered.

  • September 26, 2024

    Southwest Airlines Touts Big Changes Amid Activist Pressure

    Southwest Airlines on Thursday revealed a number of developments key to a "transformational" plan meant to drive revenue growth as the airline faces pressure from activist investor Elliott Investment Management, including the appointment of a new director and a $2.5 billion repurchase program.

  • September 26, 2024

    Fla. Bar Says Atty's 'False Narrative' Warrants Suspension

    The Florida Bar has fired back at a Georgia-based attorney's bid to avoid a suspension for disparaging an opponent running for 20th Judicial Circuit state attorney in 2018, urging the state Supreme Court to reject his First Amendment defense in the disciplinary matter.

  • September 26, 2024

    MLB Fan Gets Chance To Prove Ohtani Home Run Ball Is His

    A Florida state judge will allow Friday's auction of the ball Major League Baseball superstar Shohei Ohtani hit for a historic home run to begin, but will not let it be sold before an October hearing on whether an 18-year-old fan had the ball snatched from him at the ballpark that night.

  • September 25, 2024

    8th Circ. Told Student Debt Relief Should Remain Blocked

    Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.

  • September 25, 2024

    11th Circ. Reverses DOJ Defeat In $400M Kickback Case

    The Eleventh Circuit on Wednesday held that a lower court should've admitted prosecutors' evidence of alleged co-conspirators in a $400 million health insurance fraud case, finding that an exclusion to the hearsay rule was misapplied by the district court in the closely watched Anti-Kickback Statute litigation.

  • September 25, 2024

    Suit Over Fla. Law Restricting Foreign Land Buys Paused

    A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.

  • September 25, 2024

    Fla. Condo's Irma Suit Dismissed After Settlement With Insurer

    A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.

  • September 25, 2024

    Power Plant Insurers Take GE Arbitration Fight To 11th Circ.

    Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.

  • September 25, 2024

    11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight

    An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.

  • September 25, 2024

    Slovenian Plane Parts Maker Escapes Fla. Fatal Crash Suit

    A Florida appeals court on Wednesday threw out a wrongful death suit against a Slovenian aircraft parts manufacturer, saying an uncontroverted affidavit from the company showing it has no connections to the Sunshine State warrants dismissal for lack of jurisdiction.

  • September 25, 2024

    DACA Intervenors In ACA Suit Resist Stay Of Dismissal Bid

    Recipients of the Deferred Action for Childhood Arrival program seeking to defend their access to Affordable Care Act coverage pressed a North Dakota federal judge to decide if a lawsuit, filed by Republican states, should be dismissed or moved to Washington, D.C., saying their motion to intervene in the suit doesn't have to be decided first.

Expert Analysis

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Money Transmitter Licensing: An Issue Too Costly To Ignore

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    Money transmitter licensing has become particularly relevant in recent years as digital currencies and payment technologies have piqued regulator interest, and companies should consider whether they need to be licensed to avoid disruption of operations, as well as significant fines and penalties, says Clayton Swears at Hudson Cook.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

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