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Florida

  • July 16, 2018

    Hair Care Product Maker Sued Over 'Nightmare' Side Effects

    A Michigan woman accused Florida-based hair care product manufacturer Monat Global Corp. of knowingly failing to disclose potentially harmful side effects of its “naturally based” products, including scalp irritation and hair loss, in a putative class action filed Friday in Miami.

  • July 16, 2018

    Whistleblower Attys Get $4M In Fees In Humana FCA Suit

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to award a whistleblower more than $4 million in litigation expenses for a closely watched False Claims Act case that resulted in a $3 million settlement with Humana, a South Florida health care provider and its owner over alleged Medicare Part C fraud.

  • July 16, 2018

    11th Circ. Reverses VA's Quick Win In Pharmacist's Suit

    An Eleventh Circuit panel on Monday revived a pharmacist’s Title VII gender discrimination claim against the Department of Veterans Affairs because a trial court applied too strict a test but reluctantly affirmed judgment tossing her age bias and retaliation claims.

  • July 16, 2018

    Real Estate Rumors: Fla. Retail Center, Cove, Think Hotel

    A Florida Planet Fitness retail center has reportedly traded hands for $11.5 million, a Cove Property landlord venture is said to have renewed leases with two New York law firm tenants and Think Hotel Group is said to have scored $22 million in financing for a Florida hotel.

  • July 16, 2018

    Hard Rock Cafe Must Repay Hotel Co.’s Fees To End TM Suit

    A Florida federal judge on Monday said she would only allow Hard Rock Cafe Inc. to drop a failed trademark lawsuit against a startup called RockStar Hotels Inc. if the hospitality giant repaid a portion of the smaller company’s legal bills.

  • July 16, 2018

    Weather Forecast Co. Fending Off Suit Over Sunken Ship

    A Florida federal judge on Monday gave insurers one more shot at amending their suit accusing weather forecasting system provider StormGeo Corp. of being liable for the 2015 sinking of the cargo ship El Faro, which left its 33 crew members dead and all the vessel's cargo destroyed.

  • July 16, 2018

    Ford Agrees To $300M Deal To Exit Takata Air Bag MDL

    Ford Motor Co. on Monday agreed to a $299.1 million deal that allows the company to exit multidistrict litigation over defective Takata Corp. air bags and accelerates the removal of dangerous air bag inflators from 6 million affected vehicles.

  • July 16, 2018

    Airbnb Can't Use Free Speech To Get Fla. Sublease Suit Axed

    A Miami-Dade County judge has denied a bid by Airbnb Inc. to toss a lawsuit brought by an apartment owner over allegedly unauthorized subleases that allow tenants to illicitly offer apartments for short-term rent, ruling that the home-sharing website is not absolutely immune under the Communications Decency Act.

  • July 16, 2018

    Pa. Court Rules Workers Can't Sue Fla.-Based CSX In Philly

    A Pennsylvania court on Friday ruled that railroad workers from Kentucky and Maryland can't sue their Florida-based employer CSX Transportation Inc. in Philadelphia, challenging the notion that the Federal Employers' Liability Act lets plaintiffs pick any venue.

  • July 13, 2018

    M&A 'Disclosure Settlements' Face Stricter Review In Fla.

    A Florida appeals court on Friday adopted a stricter standard for review of so-called disclosure settlements that was originally crafted by the Delaware Court of Chancery in an attempt to curb litigation abuse through these deals, which have contributed to an explosion in shareholder litigation over mergers and acquisitions.

  • July 13, 2018

    Miami Judge Who Used Racial Slurs Is Stepping Down

    The judicial nominating commission for Miami’s circuit court put out a call Friday for applicants to fill a seat to be vacated by a judge who resigned in the face of disciplinary hearings for his use of racial slurs to describe black defendants and family members in his courtroom.

  • July 13, 2018

    11th Circ. Alters Language, Not Result, In Metals Fraud Suit

    The Eleventh Circuit issued a revised opinion Thursday in a U.S. Commodity Futures Trading Commission fraud suit against two Florida-based metals trading companies and their CEO, making a terminology fix recommended by the defendants but leaving its $1.5 million damages award intact.

  • July 13, 2018

    Real Estate Rumors: Patelco, Beacon College, Sterling Bay

    Patelco Credit Union has reportedly bought a building in California for $55 million, Beacon College Prep is said to have dropped $8.45 million on a Florida charter school and a Sterling Bay venture is reportedly buying office and parking space at a Chicago tower for more than $300 million.

  • July 13, 2018

    Firm Fights DQ In Cigarette Cases Before Fla. High Court

    A Florida law firm urged the state’s Supreme Court on Thursday to overturn its disqualification from a lawsuit against cigarette companies for hiring a lawyer who had done work for Philip Morris, arguing that the decision could leave more than 100 clients without their preferred counsel.

  • July 13, 2018

    Marketer Wants Out Of CFTC's $16M 'Binary Options' Suit

    A marketing company and its founder on Thursday asked a Florida federal judge for summary judgment on the U.S. Commodity Futures Trading Commission's claims that it was involved in a $16 million scheme to defraud at least 8,000 customers through unregistered "binary options" trades, saying the agency still hasn't evidenced its allegations.

  • July 13, 2018

    Ford Can’t Escape Bulk Of Revived Mustang Defect Suit

    A Florida federal judge dismissed seven of 59 claims brought by a proposed class of drivers accusing Ford Motor Co. of misrepresenting that a type of Mustang was suitable for the racetrack, largely because plaintiffs in certain states didn’t buy their vehicles from the automaker directly.

  • July 13, 2018

    Ex-General Counsel Of Florida Tribe Disbarred

    The Florida Supreme Court has permanently disbarred the former general counsel for the Miccosukee Tribe of Indians who allegedly had perpetuated “massive fraud” on South Florida federal and state courts.

  • July 12, 2018

    Beckham's $1B Stadium Proposal Stalls At Miami Commission

    Miami city commissioners failed to decide Thursday on whether to hold a public referendum on changing rules to allow consideration of a controversial no-bid proposal from David Beckham's Major League Soccer ownership group to redevelop a city-owned golf course into a soccer stadium, retail-office complex and public park.

  • July 12, 2018

    Tobacco Cos. Aim To Duck Punitive Damages In Death Case

    R.J. Reynolds and Philip Morris asked a Florida jury on Thursday not to add punitive damages to the $2.1 million it awarded a fortnight ago over the death of a longtime smoker who worked at a Miami-area hospital in the early 1990s when smoking was still allowed inside.

  • July 12, 2018

    Fla. High Court Stops Gov. From Making Judicial Appointment

    The Florida Supreme Court agreed Thursday to wade into a dispute between a Jacksonville attorney and Gov. Rick Scott over a soon-to-open seat on the local circuit court bench by granting the attorney’s emergency petition to block the governor from making an appointment while his suit is pending.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • The 1st Judicial Finding That Digital Tokens Are Securities

    Deborah Meshulam

    A Florida magistrate judge's finding last month that tokens issued and sold by technology startup Centra Tech are investment contracts could serve as a road map for the evaluation of token sales in other cases, say attorneys with DLA Piper.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.

  • Collective Action Defendants, Don't Count Out Early Opt-Ins

    Juan Enjamio

    Following the Eleventh Circuit's decision in Mickles v. Country Club Inc., defeating conditional certification will not result in automatic dismissal without prejudice of early opt-ins in collective action cases, say Juan Enjamio and Anna Lazarus of Hunton Andrews Kurth LLP.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.