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Florida
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August 29, 2024
Advocacy Groups Back Ga. Bid To Undo Election Law Block
Two advocacy groups are joining Georgia's push for the Eleventh Circuit to overturn an injunction blocking part of a controversial Peach State election law, arguing the lower court's ruling reimagines the Civil Rights Act to impede an absentee ballot requirement that is focused on election integrity and has nothing to do with racial discrimination.
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August 29, 2024
Bankruptcy Judge Allows Red Lobster To Reject 23 Leases
Troubled seafood chain Red Lobster gained a Florida bankruptcy judge's approval for its proposal to reject leases of an additional 23 restaurant locations slated to close at the end of the month.
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August 28, 2024
TikTok Moderation Co. Can't Beat Investor Suit Over Exposés
A Florida federal judge ruled Wednesday that TikTok content moderation company Teleperformance must face a pension fund's proposed class action alleging that investors were harmed after investigative reports were published claiming that the company was working its staff into the ground and forcing them to watch harmful content with no support.
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August 28, 2024
Raymond James Hit With Suit Over 'Cash Sweep' Programs
Financial services giant Raymond James faces a proposed class action in Florida federal court alleging its so-called cash sweep programs offer interest rates "significantly lower" than those offered by competitors, in violation of federal law.
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August 28, 2024
Suit Against BCBS Unit Over COVID-19 Test Claims Tossed
A Florida federal judge on Wednesday nixed a laboratory's lawsuit accusing a Blue Cross Blue Shield unit of violating state and federal laws by underpaying or refusing to pay COVID-19 testing claims during the pandemic.
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August 28, 2024
Fla. Bank City National Says Applebee's Franchisees Owe $8M
City National Bank of Florida sued a Louisiana-based Applebee's franchisee and three of its subsidiaries for $8.3 million, saying in a complaint filed Wednesday in Florida federal court that the companies defaulted on a federal COVID-19-era loan and then transferred control of their restaurants without consent.
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August 28, 2024
11th Circ. Trans Health Redo May Spark Supreme Court Fight
The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.
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August 28, 2024
Venezuela Argues For Pause In Chemical Co. Seizure Suit
Venezuela is asking the Eleventh Circuit to put litigation accusing the country of unlawfully seizing a chemical company over sham drug charges on hold until the U.S. Supreme Court weighs in on an expropriation case Holocaust survivors are pursuing against the Hungarian government.
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August 28, 2024
Motorcycle Association Can't Avoid Paralyzed Rider's Suit
A Florida federal judge refused Tuesday to toss claims against the American Motorcycle Association by a motocross rider paralyzed during a practice run at the 2020 Supercross Championship, ruling that there was insufficient evidence at this stage to determine whether a liability waiver signed by the rider's coach is enforceable.
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August 28, 2024
AI Software Co. Must Face SEC's $108M Pyramid Scheme Suit
A Florida federal judge has refused to toss a suit brought by the U.S. Securities and Exchange Commission against the owners of a multilevel marketing company, accusing them of running a fraudulent and unregistered securities offering that raised roughly $108 million from claims that they are using artificial intelligence to develop software, saying the SEC has sufficiently pleaded the existence of a scheme, among other things.
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August 28, 2024
Justices Won't Revive Student Debt Relief Plan Right Now
The U.S. Supreme Court on Wednesday refused to reinstate President Joe Biden's latest student loan debt relief program, leaving the $475 billion plan on ice until the Eighth Circuit decides whether the administration has the authority to continue its new push to reduce student loan bills for millions of people.
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August 28, 2024
Attys Duel Over Fees After $12.8M Deal In Chiquita MDL
Attorneys for different sets of plaintiffs in long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitary groups are facing off over attorney fees after a settlement in the case.
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August 28, 2024
Jones Foster Beats Malpractice Claims In Fla. Over Trust Case
Jones Foster PA and one of its attorneys escaped malpractice claims filed against them in Florida federal court after a judge said their former clients were mistaken when they argued they didn't need an expert witness in their case.
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August 28, 2024
Judge Tosses Boxer's Don King Suit Over Filing Deficiencies
A federal Florida judge has stopped heavyweight boxer Mahmoud Charr's second attempt to resolve a $1 million contract dispute with legendary promoter Don King, saying the fighter and his attorney have failed to provide timely filings.
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August 28, 2024
Mug Maker Sues Fla. Rival Over Leopard Print Design
A Denver-based company that makes insulated beverage containers and coolers took a Florida competitor to Colorado federal court for allegedly ripping off a print design for some of its products, which the suit says includes insulated water bottles that compete directly with the Centennial State company's own offerings.
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August 27, 2024
Electric Jet Co. Grounds Investor Suit Over SPAC Disclosures
Investors in German aerospace company Lilium have failed to adequately allege that the company lied about its electric jet production efforts as it went through a $3.3 billion go-public merger with a special purpose acquisition company, a Florida federal judge determined in permanently tossing the suit.
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August 27, 2024
Del. Court Nixes Trump Media Contempt Bid In Share Suit
A Delaware vice chancellor declined on Tuesday to find Donald Trump's social media venture in contempt for suing in Florida to block the release of two Trump Media & Technology Group founders' shares, while the same founders are battling for the stock in the Court of Chancery.
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August 27, 2024
Colo. Co. Deprived Analyst Of $58M Stock Deal, Judge Rules
An Illinois federal judge has found that a Wall Street analyst and investor suffered damages worth nearly $58 million when a Colorado company and its president failed to compensate him with millions of shares as part of a consulting agreement.
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August 27, 2024
Floyd Mayweather Jr., Tyga Swindled Jeweler, Suit Says
World champion boxer Floyd Mayweather Jr. and rapper Tyga owe nearly $3.9 million for unpaid merchandise, according to a lawsuit filed by Florida luxury jeweler Lenzo & Co., which claims the pair asked to meet privately and kept the items with promises of payment.
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August 27, 2024
White Ex-Coach Asks 11th Circ. To Rethink Bias Suit Ruling
A white former football coach has asked the Eleventh Circuit to rethink its choice not to reopen his case alleging that a Georgia school district unlawfully refused to renew his contract because he's white, arguing that the decision deprives him of his right to have his day in court.
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August 27, 2024
No Coverage For Tire Co.'s Unpaid Invoices, Judge Rules
A tire manufacturer cannot get insurance coverage for millions in unpaid invoices it is owed, a Florida federal court has ruled, finding that the manufacturer made a material misrepresentation in its insurance application concerning the creditworthiness of one of its largest customers.
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August 27, 2024
Admiral Seeks Bribery Trial Separate From Contractors
A retired U.S. Navy admiral accused of accepting bribes from two contractors is pushing a Washington, D.C., federal court to sever his trial from theirs, saying the pair appeared poised to pin any alleged misconduct on him.
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August 27, 2024
Return Of Venezuela Sanctions Reignites Criminal Probes
Criminal investigations into Venezuela-related sanctions violations appear to be ramping back up since the U.S. government reimposed crushing trade penalties on the South American country's oil and gas sectors in response to an allegedly sham presidential election, according to experts.
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August 27, 2024
11th Circ. Allows Fla. Law Banning Trans Care To Take Effect
The Eleventh Circuit has said a Florida law can take effect that bans gender-affirming care for transgender minors and restricts it for adults, granting the state's bid to scrap an injunction barring the law while it appeals a lower court ruling that found the statute unconstitutional.
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August 26, 2024
Feds Say Trump Docs Dismissal Contradicts 'Long Tradition'
Special counsel Jack Smith on Monday lodged the government's opening brief in its Eleventh Circuit appeal of the dismissal of the classified documents case against former President Donald Trump, arguing that the lower court's finding is contrary to "precedent and history" and the "long tradition of special-counsel appointments by the attorney general."
Expert Analysis
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.