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Florida
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March 06, 2025
Feds Say 11th Circ. Should Affirm Value Of Ex-Braves' Farm
Despite dropping a bid for civil fraud penalties this week against two former Atlanta Braves players accused of overvaluing a conservation easement donation, the federal government has told the Eleventh Circuit it still stands by a U.S. Tax Court ruling that the players' valuation of the property was "firmly planted in the realm of fantasy."
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March 06, 2025
Fla. Court Told Cannabis Biz Investor Agreed Not To Sue
The CEO of an Arizona-based cannabis business on Thursday urged a Florida federal court to toss a securities fraud lawsuit brought by an investor alleging an undisclosed $13 million tax liability, saying the investor agreed not to bring claims based on whether critical nonpublic information may have been withheld.
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March 06, 2025
Diverse Judiciary Is Crucial, Justice Jackson Tells Attys
U.S. Supreme Court Justice Ketanji Brown Jackson told attorneys in Miami on Thursday at the American Bar Association's annual White Collar Crime Institute that her judicial philosophy is "still under development" and said diversity in the judiciary is necessary to help instill confidence in the judicial branch of government.
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March 06, 2025
The Antitrust Litigation Surrounding NAR's Industry Rules
A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.
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March 06, 2025
Judges Urge Attys To Help Restore Confidence In Judiciary
Federal district judges at the American Bar Association's white collar conference Thursday decried threats and attacks on judges and urged attorneys to help them restore public confidence in the judiciary.
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March 06, 2025
IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told
Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.
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March 06, 2025
Dems Intro Their Own Version Of The JUDGES Act
Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.
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March 06, 2025
Senate Panel Advances Trump's Pick For DOL Deputy
A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.
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March 05, 2025
Fla. Chiropractor Bilked State Farm For $2.7M, 11th Circ. Told
State Farm urged an Eleventh Circuit panel on Wednesday to find that it had shelled out $2.7 million to an unscrupulous Florida chiropractor who paid kickbacks for medically unnecessary claims, arguing that the provider should be held liable for fraud under a theory that he violated a state licensure exemption.
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March 05, 2025
DOJ's Absence Felt At ABA Conference On White Collar Crime
Officials from the U.S. Department of Justice were conspicuously absent Wednesday from the American Bar Association's annual white collar crime conference, leaving organizers scrambling to fill empty panel seats and practitioners guessing as to what the Trump administration's enforcement priorities will be.
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March 05, 2025
Boy Band, Music Exec Hit With $3.4M Verdict In Fla. Trial
A Florida state court jury has awarded an entertainment company $3.4 million in a lawsuit that accused a former California boy band manager of tortuously interfering with the contracts of individual band members, and also accused the members of defamation for remarks that they were abused and held hostage in their own homes.
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March 05, 2025
Revived Bill To Add Judges Teed Up For Another House Vote
The House Judiciary Committee voted out of committee three bills on Wednesday along party lines, including legislation to add more federal judgeships that the federal judiciary says are needed desperately but has become subject to partisan fighting.
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March 05, 2025
Law Firm Beats Malpractice Suit From Ex-Fla. School Official
A Florida state appeals panel refused to revive a onetime school district superintendent's complaint against the district's former counsel from a Florida law firm, alleging the firm improperly used confidential information she provided as part of a report that found she committed misconduct.
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March 04, 2025
Gov't Says 2 Lab Owners Billed $40M In COVID Test Scheme
Federal prosecutors opened their case Tuesday against two laboratory owners, telling jurors in Florida that they ran a more than $40 million scheme to submit medically unnecessary COVID-19 testing claims to healthcare benefit programs.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
Fla. Art Gallery Accused Of Stonewalling In Fake Warhol Suit
A group of amateur art collectors alleging they were conned into buying $6 million of fake Andy Warhol paintings told a Florida state court judge Tuesday that a Miami gallery and its dealer stonewalled financial records requests, saying the objections cited to block their subpoenas are meant for crime victims.
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March 04, 2025
ACC, Clemson And FSU End Legal Fight Over Revenues, Fees
Florida State University and Clemson University will stay in the Atlantic Coast Conference under a new athletic revenue distribution model that would resolve the multistate court battles over media rights and exit fees, the parties said Tuesday in announcing a settlement of their disputes.
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March 04, 2025
IRS Drops Push To Penalize Ex-Braves Players For Fraud
The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.
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March 04, 2025
Taft Eyes Florida Debut With Litigation Boutique Tie-Up
Taft Stettinius & Hollister LLP announced Tuesday it plans to make its first foray into the Florida market this summer through a merger with litigation boutique Mrachek Law, which is based in West Palm Beach and Stuart.
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March 04, 2025
Judge Says Flooring Co. Failed To Justify H-2B Worker Need
A U.S. Department of Labor appeals board judge affirmed the denial of a Florida-based flooring company's application for 10 foreign workers to help with installations, ruling that it failed to establish a temporary employment need or a need for that number of workers.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 03, 2025
Ex-Jaguars Worker Tells FanDuel Arbitration Isn't Enforceable
A former Jacksonville Jaguars employee urged a New York federal court to deny FanDuel's bid to arbitrate his claims in a lawsuit that alleges the company facilitated a gambling addiction, saying the company aggressively lured him with predatory tactics and must be held accountable.
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March 03, 2025
Eckert Seamans Will Pay $38M To Par Funding Investors
A Florida federal judge has signed off on a $38 million deal resolving legal malpractice claims against Eckert Seamans Cherin & Mellott LLC by investors who fell victim to a Ponzi scheme carried out by Par Funding, which enlisted the firm to help create the business model the lender ultimately used in the scheme.
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March 03, 2025
Fla. Judge Admits To Improper Remarks About Prosecutors
A Florida state judge could receive a public reprimand after admitting to ethics charges for calling an assistant state attorney an "ass" and other inappropriate remarks directed toward prosecutors.
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March 03, 2025
Defendant Admits To 'Shell Factory' Pump-And-Dump Scheme
The final defendant rounded up in the "Shell Factory Fraud" prosecution of a group that created fake shell companies as part of a pump-and-dump scheme pled guilty Monday in Miami to one count of securities fraud.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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What To Know About Fla. Civil Procedure Rule Revisions
While some may be apprehensive about the looming changes coming to Florida’s Rules of Civil Procedure on Jan. 1, these essential modifications that affect tenets of civil litigation long taken for granted will increase efficiency and streamline the litigation process, say attorneys at Farah & Farah.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
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.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
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.
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Series
Flying Makes Me A Better Lawyer
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.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
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.
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Series
Circus Arts Make Me A Better Lawyer
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.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
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.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
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.