Try our Advanced Search for more refined results
Florida
-
August 19, 2024
MOVEit MDL Judge's Call For Order Met With Atty Squabbles
A federal judge's effort to streamline multidistrict litigation over a 2022 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.
-
August 19, 2024
Fraud Trial Waylaid By Last-Minute Bid For Remote Testimony
A Florida federal judge on Monday delayed a bench trial in a lawsuit over real estate investment fraud claims after the alleged victims brought an emergency motion to testify remotely from Africa, with the judge saying she'd have to consider whether rules allow the case to proceed despite their absence.
-
August 19, 2024
Buyers Sue Over Unfinished Mandarin Oriental Condo Project
Buyers of a condominium at the planned Mandarin Oriental at the Via Mizner project in Boca Raton, Florida, are suing the developer for the return of their deposit, saying the building that was supposed to be ready years ago is still "just a few steps beyond a concrete shell."
-
August 19, 2024
Prisoner Gets 20 Years For Serial Threats To Federal Judges
A man who sent letters from prison expressing a desire to kill "as many U.S. marshals as possible" and threatening to kill a federal judge got 20 years tacked on to his sentence Monday by a Florida federal judge who said he was troubled by the level of detail in the threats and the recurring nature of the man's actions.
-
August 19, 2024
US Tennis Won't Get New Trial In Sexual Abuse Liability Suit
A Florida federal judge denied the U.S. Tennis Association's request for a new trial in a case that held the organization liable for the sexual assault of player Kylie McKenzie at the hands of her coach, leaving in place a $9 million jury verdict.
-
August 19, 2024
Atty Faces Contempt Bid In Fla. Forex Trading Firm Case
The court-appointed receiver of an investment company at the center of a U.S. Commodity Futures Trading Commission lawsuit over the firm's $75 million foreign currency trading fraud has asked for the company's now imprisoned CEO's appeals attorney to be held in contempt of court for allegedly failing to comply with a subpoena.
-
August 19, 2024
Philip Morris Urges Fla. Court To Toss Zyn Injury Lawsuits
Philip Morris urged a Florida federal court on Monday to dismiss two lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, arguing it had nothing to do with the claims prior to a 2022 acquisition and that it has no business ties to the Sunshine State.
-
August 19, 2024
Voters Fight DeSantis Bid To Toss Prosecutor Suspension Suit
Florida voters and a partisan advocacy group pushed back against Gov. Ron DeSantis' argument that voters have no right to see an elected official serve an entire term in a suit over the suspension of Florida prosecutor Monique Worrell, saying it doesn't matter when interference in an election occurs because the effect on the voters is still the same.
-
August 19, 2024
Florida Judge's Recusal Not Required After Child's Arrest
A Florida judge presiding over the juvenile division in a county where the judge's own child was arrested or charged with a crime need not be recused from juvenile delinquency cases, a state ethics watchdog has found, though the judge must disclose the information to parties in juvenile delinquency matters.
-
August 16, 2024
11th Circ. Partially Reverses Rental Car Co.'s Win In Fee Suit
The Eleventh Circuit has revived a class of consumers' breach of contract claims against a Florida rental car company over allegedly deceptive damaged vehicle costs but affirmed a lower court's finding that the lead plaintiffs did not suffer any actual damages.
-
August 16, 2024
Real Estate Recap: Cases To Watch, DC Flooding, NYC Hotels
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the commercial real estate cases to watch in 2024's second half, one BigLaw attorney's thoughts on new Washington, D.C., flood construction rules and the NYC hotel license bill that has hospitality attorneys rattled.
-
August 16, 2024
Florida Unlikely To Act Quickly On Condo Law Cost Concerns
Florida lawmakers appear unlikely to take preemptive action to modify condominium safety laws enacted after the deadly 2021 building collapse in the town of Surfside, despite concerns that approaching year-end deadlines for mandated structural inspections and reserve studies will lead to overwhelming financial burdens for many residents.
-
August 16, 2024
Customer Says AAA Must Improve Oversight Of Arbitrators
The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.
-
August 16, 2024
Shaq Must Face Trimmed Suit Over Astrals Project NFTs
Basketball Hall of Famer Shaquille O'Neal can escape some, but not all, claims in a proposed class action alleging his promotion of Astrals Project nonfungible tokens violated securities laws by marketing unregistered digital assets, a Florida federal judge ruled Friday.
-
August 16, 2024
Birth Control Cos. Say Conn. Injury Suit Must Be Tossed
Several birth control companies have urged a Connecticut state court to toss a lawsuit brought by a woman alleging she was injured by the Filshie Clip contraceptive device, saying there is no jurisdiction because the parties involved in the case have no ties to Connecticut.
-
August 16, 2024
Developer's Widow Sues For Control Of Century Homebuilders
The widow of Sergio Pino, the late founder and CEO of Century Homebuilders Group LLC, has filed suit asking a Florida state court to declare her the sole owner of the company and "to finally put an end to unlawful efforts" by his estate and his brother to claim otherwise.
-
August 16, 2024
Trump Media Sued In Del. After New Fla. Share-Sale Challenge
Citing "contemptuous disregard" for Delaware Court of Chancery orders, two co-founders of Trump Media & Technology Group have sought a temporary restraining order to block the social media venture from seeking a Florida court order to stop their sale of some 18 million shares.
-
August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
-
August 16, 2024
Fla. Atty Gets Second Look At Sanctions Ruling Over Mistrial
A Florida attorney and his law firm, Garrison Yount Forte & Mulcahy LLC, will get the sanctions against them reconsidered by a state trial court after a three-judge panel for Florida's Fifth District Court of Appeal found they were denied a necessary hearing prior to receiving the penalties after the attorney's actions led to a mistrial in a personal injury case.
-
August 16, 2024
Gunster Aims To Erase Data Breach Suit In Florida
Gunster Yoakley & Stewart PA has asked a Florida federal court to toss a proposed class action related to a data breach in 2022, arguing that the former client failed to state actual damages sustained by the potential class due to the cybersecurity incident.
-
August 16, 2024
Taxation With Representation: Cleary, Kirkland, Skadden
In this week's Taxation with Representation, Mars Inc. sets a 2024 record with its $36 billion acquisition of Kellanova, Carlyle inks a $3.8 billion purchase with Baxter International Inc., and Performance Food Group Co. agrees to a $2.1 billion cash deal with Cheney Bros. Inc.
-
August 15, 2024
Trump's $100M Tort Claim Against DOJ Faces Uphill Climb
Experts say Donald Trump's $100 million claim against the federal government for the search of his Mar-a-Lago estate and the prosecution of the allegedly illegal retention of classified documents there will be an uphill climb for the former president because of the limited application of the Federal Tort Claims Act.
-
August 15, 2024
You Can Drive 100 Miles, Albright Tells Texas Instruments
Dallas-based Texas Instruments Inc. failed Thursday to persuade U.S. District Judge Alan Albright of the Western District of Texas to let a patent lawsuit leave his jurisdiction, in part because of the "less than 100 miles" between Waco and the federal courthouse in Dallas.
-
August 15, 2024
SEC Nabs $5.75M Judgment Against Unregistered Broker
A Florida man and his business have agreed to pay the U.S. Securities and Exchange Commission $5.75 million to end claims they operated as unregistered broker-dealers for at least four years.
-
August 15, 2024
Fla.'s The Villages Exempted From FTC Noncompete Ban
A Florida retirement community's real estate broker will be exempt when the Federal Trade Commission's noncompete ban goes into effect next month, under a limited injunction imposed by a federal judge who recognized the agency's rulemaking powers but said they go too far here.
Expert Analysis
-
Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
-
How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
-
Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
-
Loper Fuels Debate Over Merchant Cash Advances As Credit
The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.
-
Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
-
Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.
-
Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
-
Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
-
3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
-
E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
-
Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
-
Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
-
Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
-
3 Healthcare FCA Deals Provide Self-Disclosure Takeaways
Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.
-
How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.