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Florida
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May 03, 2024
Real Estate Authority: Dirty Money, Forever Chems, Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's developments by state — as well as on the illicit billions tucked away in commercial real estate, attorney takeaways from new "forever chemical" designations, and one foreign investor's bet on U.S. housing.
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May 03, 2024
5 Plead Guilty To Hiding Fraud Proceeds In Chinese Cos.
Five men pled guilty in Florida federal court to fraud-related charges connected to a scheme that involved hacking into businesses' computer systems and wiring millions of dollars to bank accounts in the name of fake companies before the money was ultimately laundered in China, according to the Internal Revenue Service.
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May 03, 2024
Outback Looks To Undo $2.5M Verdict In Slip-And-Fall Case
Outback Steakhouse is seeking to ax a $2.5 million award to a woman who slipped and fell in one of its Garden State restaurants and urged a New Jersey federal judge to grant a new trial, arguing that the trial court erred in finding it committed spoilation of evidence.
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May 03, 2024
Florida Court Revives County's Suit Over Fairgrounds Deal
A Florida appeals court on Friday revived Hernando County's lawsuit against a local county fair association over a broken contract to redevelop a county fairgrounds property, ruling that it is not clear the lawsuit is time-barred.
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May 03, 2024
Fla. Business Groups Line Up Behind State In CWA Permit War
A coalition of national companies and Florida-based business groups is weighing in on behalf of the state in its battle to convince the D.C. Circuit to stay a lower court's ruling that stripped it of the authority to administer a Clean Water Act program.
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May 03, 2024
Ex-Spirit Flight Attendant Drops FMLA Suit
A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.
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May 03, 2024
Sentencing Delayed For Ex-Fintech Exec In Crypto Case
Sentencing for the CEO of fintech company Hydrogen Technology Corp. was delayed Friday after a dispute over how to calculate the amount of money lost in the conspiracy to manipulate the market for Hydrogen's digital assets.
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May 03, 2024
Lennar Workers Say 2nd Circ. Ruling Backs Their ERISA View
Workers who sued Lennar Corp. in a proposed class action over mismanaging their $1.2 billion retirement plan have urged a Florida federal court to deny the company's motion for dismissal, saying a recent appellate ruling doesn't allow the employer to enforce an arbitration provision because it violates federal pension law.
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May 03, 2024
Judge Says Lender Can't Escape CFPB's Loan Data Suit
A Florida federal judge has refused to dismiss the Consumer Financial Protection Bureau's suit accusing mortgage servicer and lender Freedom Mortgage Corp. of violating federal law by submitting inaccurate government mortgage loan data.
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May 03, 2024
Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments
Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.
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May 03, 2024
Akerman Hires Miami-Dade Atty As Chair Of Land Use Team
Akerman LLP hired Dennis A. Kerbel, a veteran Miami-Dade County, Florida, government attorney, as the new chair of its land use and entitlements team in its Miami office, the firm announced this week.
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May 02, 2024
Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies
Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."
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May 02, 2024
Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe
A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.
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May 02, 2024
Patent Board Rulings Send $3.3M Judgment Up In Flames
The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating three networking patents that NetScout had been found to infringe, and then held that the holding wipes out a $3.3 million judgment against the company, because it was not yet final.
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May 02, 2024
Sugar Price-Fixing Suits Combined In NY
A New York federal judge consolidated six proposed price-fixing class actions against domestic sugar producers, siding with plaintiffs who wanted to try the cases as part of a multidistrict litigation.
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May 02, 2024
Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling
The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.
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May 02, 2024
11th Circ. Lets Georgia Island Dock Lawsuit Proceed
A Georgia conservation group can resume its challenge to federal approval of a private pier on Cumberland Island after a divided Eleventh Circuit panel said regulators could conduct a more rigorous environmental review even though the dock was already built.
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May 02, 2024
Cisco Counterfeiting Scheme Earns Fla. Man 6½ Years
A Florida resident was sentenced to 6½ years in prison after pleading guilty to running what New Jersey federal prosecutors said was an "enormous" scheme to sell over $1 billion worth of counterfeit and broken Cisco networking devices.
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May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit
The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
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May 02, 2024
US Wants To Forfeit $1.55M Landing Gear Bound For Russia
The U.S. Department of Justice has filed a forfeiture action against a $1.55 million set of aircraft landing gear for a Boeing 737-800 that the government confiscated in Miami and says was purchased for a Kyrgyz Republic-based company servicing the Russian government in violation of U.S. economic sanctions.
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May 02, 2024
11th Circ. Urged To Clear Final Hurdle To Interstate Water Deal
As the finish line comes into view in Georgia and Alabama's decadeslong fight over water rights, the Peach State, the federal government and a host of local water providers are urging the Eleventh Circuit to reject a bid by environmental groups to block the U.S. Army Corps of Engineers' management proposal for the Apalachicola watershed.
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May 02, 2024
11th Circ. 'Emphatically' Upholds JCPenney's Sanctions Win
The Eleventh Circuit has affirmed a $63,000 sanction against an Alabama shopping mall amid its lease dispute with JCPenney, finding that the mall acted in bad faith by not notifying the court of a lack of diversity jurisdiction, eventually sinking the case — only after JCPenney won partial summary judgment and a later mediation failed.
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May 02, 2024
Holland & Knight Taps M&A Pro As Jacksonville, Fla. Leader
Holland & Knight LLP announced a leadership change in Florida this week with a mergers and acquisitions partner of more than 11 years and expert in venture capital law taking charge in Jacksonville.
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May 01, 2024
Ala., Fla. Trans Patients Urge 11th Circ. To Heed Bias Ruling
Attorneys representing transgender clients in Florida and Alabama have urged the Eleventh Circuit to heed a recent Fourth Circuit ruling striking down bans on state-funded coverage for gender-affirming medical care, saying the court ruled that the state policies violate federal law because their exclusions were based on gender identity and sex.
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May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing
The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
Expert Analysis
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Navigating Harassment Complaints From Trans Employees
The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Parsing Insurance Issues After Mass Shooting 'Occurrences'
A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.