Southeast

March 5, 2013
Fla. Senate Passes Sweeping Ethics Reform Package

On the first day of the full legislative session, the Florida Senate got right down to business, unanimously passing the state's most comprehensive ethics reform package Tuesday since the public voted the Sunshine Amendment into the state constitution in 1976.
January 18, 2013
Fla. Gov. Promises $13M For Fort Lauderdale Port Upgrade

Florida Gov. Rick Scott on Thursday committed $13 million for improvements to Port Everglades and also broke ground on the nation's only on-port international and domestic cargo rail facility there, saying the projects will keep the state competitive in attracting international business and help add upward of 135,000 jobs.
November 28, 2012
SC Builder Coverage Law Lives On, But Insurers Get Reprieve

Though South Carolina's high court last week upheld a state law declaring that general liability policies cover property damage and injuries from faulty construction, it also ruled the statute cannot apply retroactively, providing some relief to insurers fearing the legislature had rewritten their contracts.
September 21, 2012
Mexico Reviewing Ala. Immigration Law Under NAFTA: Union

The Mexican government is reviewing claims by the Service Employees International Union and a Mexican lawyers' group that Alabama's controversial immigration law discriminates against immigrant workers in violation of the North American Free Trade Agreement, the union announced Thursday.
September 10, 2012
EPA's Spot On Deepwater Panel Could Speed Up Damages Talks

President Barack Obama on Monday put the U.S. Environmental Protection Agency at the helm of a panel overseeing Gulf Coast restoration from the Deepwater Horizon oil spill, a move that could speed up negotiations with BP PLC to assign a dollar figure to natural resource damages.
September 4, 2012
Planned Parenthood Asks Full 5th Circ. To Hear Defunding Case

Planned Parenthood requested an en banc rehearing Tuesday in its fight against a Texas law that cut off state funds to clinics affiliated with abortion providers, saying the Fifth Circuit's ruling vacating an injunction against the law effectively bars the clinics' speech rights.
August 31, 2012
USPTO Defends AIA's First-To-File System As Constitutional

The first-inventor-to-file system championed by the Leahy-Smith America Invents Act will neither stifle innovation nor violate the U.S. Constitution, the U.S. Patent and Trademark Office said Thursday in an attempt to prevent an injunction stopping the system from going into effect.
August 29, 2012
Ga. Health Insurance Law Violates ERISA, Trade Group Says

A health insurance trade association sued the Georgia Insurance & Safety Fire Commissioner's Office on Tuesday, seeking to prevent the state's "prompt pay" insurance statute from being extended to cover employers' self-funded plans and saying the change is preempted by federal law.
August 28, 2012
DOL Asserts Authority Over Work Visa Program To 11th Circ.

The U.S. Department of Labor on Monday told the Eleventh Circuit it has the authority to make changes to the H-2B visa program without requiring explicit permission from Congress, refuting claims by small business plaintiffs that the power to alter the program rests with another agency.
August 24, 2012
Judge Again Tosses Suit Challenging ACA

A Mississippi federal judge on Thursday dismissed, for the second time, a putative class action challenging the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act, saying the court did not have jurisdiction to rule on the plaintiffs’ medical privacy claims and that proof was lacking for other claims.
August 21, 2012
5th Circ. Lets Texas Defund Planned Parenthood

Texas can proceed with a law that cuts off state funds to Planned Parenthood and other clinics affiliated with abortion providers after the Fifth Circuit vacated an injunction against the law Tuesday, ruling the clinics' free speech wasn't penalized by the state's decision to disfavor abortion.
August 20, 2012
Fla. Gov. Takes Workplace Drug Testing Fight To 11th Circ.

Florida Gov. Rick Scott on Friday continued his push to mandate widespread drug tests for state employees, telling the Eleventh Circuit that the tests are constitutional and workers are free to pass on the tests by declining the accompanying job.
August 14, 2012
11th Circ. Urged To Uphold Ban On DOL's H-2B Visa Rules

Business groups challenging the U.S. Department of Labor's new H-2B visa rules urged the Eleventh Circuit on Monday not to overturn a preliminary injunction barring the agency from implementing the regulations, saying the DOL lacked the authority to issue them.
August 13, 2012
FERC Begins Cameron LNG Project's Enviro Review

The Federal Energy Regulatory Commission on Monday began its environmental review of Cameron LNG LLC’s proposed liquefied natural gas facility and pipeline in southwestern Louisiana, marking the third such review the commission has undertaken this summer.
August 7, 2012
Obama Signs Camp Lejeune Water Pollution Health Care Law

President Barack Obama signed legislation Monday that will provide health coverage to veterans and their families who fell ill from contaminated drinking water at a North Carolina military base, granting some relief to plaintiffs in a multdistrict litigation over the toxic exposure.
August 6, 2012
6th Circ. Kills Ohio Limits On Medicaid Docs' Political Support

The Sixth Circuit on Friday struck down an Ohio law barring doctors who treat Medicaid patients from making campaign contributions to elected officials who prosecute health care fraud, saying the anti-corruption statute takes an ax to free-speech protections when a scalpel would have sufficed.
August 2, 2012
Bill Would Halt Removal Of Offshore Rigs To Save Habitat

U.S. Rep. Blake Farenthold, R-Texas, last week introduced legislation that would temporarily halt the elimination of out-of-service offshore oil and gas platforms, in a move heralded by environmental groups who say the current removal process hurts sensitive marine habitats.
July 31, 2012
5th Circ. Will Rehear Anti-Immigrant Renters Law Case

The Fifth Circuit on Tuesday agreed to rehear en banc a decision affirming a ruling that a Texas city's requirement that renters prove their legal presence in the U.S. is preempted by federal law, asking the parties to focus on the impact of the Supreme Court's recent ruling on Arizona's immigration laws.
July 26, 2012
Senate GOP Unveils Far-Reaching Domestic Energy Plan

Republicans in the U.S. Senate unveiled a comprehensive package of energy legislation on Thursday, including a bill to approve the controversial Keystone XL pipeline and bills to expand drilling in Alaska and off the coast of Virginia.
July 26, 2012
University Asks Supreme Court For Rehearing Of ACA Suit

Liberty University on Monday asked the U.S. Supreme Court to revive its challenge to the Patient Protection and Affordable Care Act, arguing that the court's decision upholding the individual insurance mandate as a tax overruled a Fourth Circuit finding that the Anti-Injunction Act deprived it of jurisdiction.

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Expert Analysis

A Cautionary Tale For Transactional Lawyers

The Eleventh Circuit ruling in St. Joseph Hospital v. Health Management Associates Inc. offers a warning for transactional lawyers to be careful how they describe a transaction in preclosing filings with government agencies, says Elizabeth Hodge of Akerman Senterfitt LLP.
What Litigators Must Know About Va.’s 'Rocket Docket'

Do not be lulled into a false sense of complacency by the formality, civility and, in some cases, old-fashioned Southern charm of the U.S. District Court for the Eastern District of Virginia. Cases usually move with lightning speed, handled by efficient, polite, but no-nonsense jurists and courtroom deputies. There are many traps for the unwary, say Robert Tata and Wendy McGraw of Hunton & Williams LLP.
Less Burden For Ga. Landowners: Apportionment Is OK

Apportionment is an important tool for landowners in the defense of premises liability claims. But now that its applicability and enforceability have been upheld in McReynolds v. Krebs and Couch v. Red Roof Inns, the risk of significant damage awards is less than it once was, says Kathryn Hinton of Baker Donelson Bearman Caldwell & Berkowitz PC.
Safe From Avoidance: Electricity Requirements Contracts

The Fifth Circuit in MBS Mgmt. Serv. Inc. v. MXEnergy Electric Inc. recently provided guidance on whether an electricity requirements contract is a forward contract that is exempt from avoidance pursuant to Section 546(e) of the Bankruptcy Code. The answer, at least on the facts of MBS Mgmt., is yes, says Victoria Vron of Weil Gotshal & Manges LLP.
Right To Recoup: Lessons For Insurers And Policyholders

As Illinois Union Ins. v. NRI Construction demonstrates, review of the reservation of rights letter's unilateral imposition of a right to recoup defense costs must be undertaken immediately upon receipt of the letter, says Collin Hite of Hirschler Fleischer PC.
Beware: Marrying Lender And Developer Marketing Efforts

The lesson from the decision by the Western District of North Carolina in Synovus Bank v. Coleman is plain: What looks like good business when the market is hot may turn out to be an Interstate Land Sales Full Disclosure Act claim when the markets tank, says David Dreifus of Poyner Spruill LLP.
Strategies For Moving To Strike Class Allegations

The Sixth Circuit decision in Pilgrim v. Universal Health Card LLC provides a strong basis for the proposition that defendants do not need to engage in class discovery where it is obvious from the pleadings that the class cannot be certified, say attorneys with Shook Hardy & Bacon LLP.
Takeaways From Moonscoop V. American Greetings

The Sixth Circuit recently renewed the ability of French entertainment and brand-management company Moonscoop SAS to bring a claim for damages and specific performance against American Greetings Corp. regarding the sale to Moonscoop of American Greetings' rights to certain cartoon characters. The case provides practitioners with several contract-drafting lessons, says Vincent Martorana of Reed Smith LLP.
What’s Making Attorneys Flee Their Firms?

This year has seen a spike in lateral movement among partners and senior associates in the legal profession. A survey from The Closers Group has revealed that many attorneys want business development training and are willing to apply what they learn — and law firms that provide it are more likely to keep their lawyers professionally satisfied, says Steven Taylor, a legal journalist.
Case Study: Summit Petroleum V. EPA

In Summit Petroleum Corp. v. U.S. Environmental Protection Agency, the Sixth Circuit has vacated an EPA decision concerning whether a natural gas operations plant and nearby wells were “adjacent” for air permitting purposes. The decision is important because the plant and wells together would have sufficient potential emissions so as to be considered a major stationary source, say Jeryl Olson and Eric Boyd of Seyfarth Shaw LLP.

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