Florida

  • February 21, 2017

    MLB's Martin Tells Of Threats, Fear At Cuban Smuggling Trial

    Seattle Mariners outfielder Leonys Martin testified Tuesday in Miami that fear drove him to agree to pay smugglers millions of dollars and hire agent Bartolo Hernandez, who is on trial along with an athletic trainer for allegedly conspiring to bring Cuban ballplayers into the United States illegally.

  • February 21, 2017

    Sunken Cargo Ship Owners Settle 17 Claims In Dispute

    The owners of the S.S. El Faro, a cargo ship that sank near the Bahamas during Hurricane Joaquin in 2015, have settled 17 claims brought by a variety of companies and the families of some of the crew members who died, according to documents filed Tuesday in Florida federal court.

  • February 21, 2017

    Homeowners Ask 11th Circ. To Revive Insurance Kickback Suit

    A group of homeowners on Friday asked the Eleventh Circuit to revive their putative class action alleging Caliber Home Loans Inc. and American Security Insurance Co. inflated their insurance rates via a kickback scheme, arguing that a doctrine barring challenges to rates approved by regulators doesn't defeat their claims.

  • February 21, 2017

    ITG Brands Sues RJ Reynolds In Chancery Over $7B Cig Deal

    Tobacco company ITG Brands LLC recently launched a lawsuit in the Delaware Chancery Court aimed at halting an action R.J. Reynolds Tobacco Co. filed in Florida connected to its $7 billion sale of four well-known cigarette brands, arguing any claims from that deal belong in the First State.

  • February 21, 2017

    FTC Cruise Probe Ends In Robocalling Ban Against Cos.

    The U.S. Federal Trade Commission and 10 states announced Tuesday that they have secured a settlement barring several companies and their owner, accused of helping Caribbean Cruise Line Inc. run a telemarketing scheme, from robocalling and illegal telemarketing.

  • February 21, 2017

    Justices Won't Hear Appeal Of Zenith ERISA Verdict

    The Supreme Court on Tuesday declined to hear a pension fund’s appeal of the dismissal of its claims Zenith American Solutions mismanaged $2.4 million of its funds.

  • February 21, 2017

    Class Cert. Won't Fly In Delta Fee Suit, 11th Circ. Told

    Delta Air Lines Inc. and AirTran Airways Inc. on Friday told the Eleventh Circuit it would be impractical to uphold a district court's certification of a class of about 28 million passengers in a suit alleging the airlines colluded to institute a first-checked baggage fee.

  • February 21, 2017

    Miami-Dade Nixes Protections For Undocumented Immigrants

    The Miami-Dade Commission on Friday voted to uphold an order by the county’s mayor eliminating protections from U.S. Customs and Immigration Enforcement detainer requests for undocumented immigrants, despite hundreds of people showing up to express their concern and disapproval.

  • February 21, 2017

    High Court Rejects Sales Tax Appeal On Out-Of-State Sales

    The U.S. Supreme Court on Tuesday rejected an appeal from an online flower retailer to nix Florida sales tax imposed on out-of-state deliveries, leaving intact a decision from Florida’s top court that upheld the constitutionality of the tax.

  • February 21, 2017

    High Court Passes On Ex-Grant Thornton Atty’s ERISA Fight

    The U.S. Supreme Court on Tuesday declined to take up a lawsuit against accounting firm Grant Thornton LLP by a former attorney alleging her ex-employer failed to comply with fiduciary and reporting duties under the Employee Retirement Income Security Act.

  • February 17, 2017

    Trainer Rips Leading Questions At Ballplayer Smuggling Trial

    A trainer who, along with a baseball agent, is accused of helping Cuban ballplayers gain fraudulent entry into the United States objected Thursday to the government’s alleged use of leading questions during direct examinations of its witnesses during trial.

  • February 17, 2017

    BMW NA Needn't Get Parent's Takata Docs: Special Master

    The special master in multidistrict litigation against Takata Corp. and various automakers over potentially explosive air bags recommended that BMW of North America LLC not be ordered to produce BMW AG documents, saying Thursday that the plaintiffs failed to show the U.S. distributor has control of the documents.

  • February 17, 2017

    Smoker's Actions Justify Limited Punitives, Engle Jury Finds

    A Florida jury awarded only $400,000 in punitive damages on Friday against Philip Morris and R.J. Reynolds after finding they concealed facts important to the health decisions of a smoker who died of lung cancer in 1995.

  • February 17, 2017

    Privacy Profs. Get Behind FTC In LabMD Fight At 11th Circ.

    A group of eight privacy and security law professors on Thursday threw their support behind the Federal Trade Commission in its Eleventh Circuit battle with LabMD to keep intact a ruling that an alleged data leak harmed consumers, saying the agency’s approach to regulating privacy spurs better protection practices.

  • February 17, 2017

    Jury Awards Family $4M In Trucking Crash Suit

    A Florida jury awarded $3.92 million on Friday to surviving family members in a suit against a trucking company and a staffing firm that resulted from a terrible 2012 highway crash, but attributed much of the fault to a drunk driver who is not a defendant.

  • February 17, 2017

    Feds Join FCA Suit Targeting UnitedHealth Billing

    The federal government has intervened in a whistleblower’s False Claims Act suit that accuses UnitedHealth Group Inc. and 12 other health plans of pretending their members were sicker than they were in an effort to overcharge Medicare by hundreds of millions of dollars.

  • February 17, 2017

    Applebee's Franchisee Tries Again To Escape Arbitration Suit

    An Applebee's franchisee has again asked a Florida federal court to throw out a case brought against it by the U.S. Equal Employment Opportunity Commission, saying Thursday the arbitration agreement it has required employees to sign does not restrict their rights to pursue discrimination claims.

  • February 17, 2017

    Cay Clubs Ex-CFO Fights Gov't Request To Clarify Order

    A former Florida real estate executive facing charges related to an alleged $300 million Ponzi scheme blasted the government’s request for clarity on a pretrial order, saying Friday he won’t be raising arguments the court has barred.

  • February 16, 2017

    Berger Singerman Picks Up IP Pro From Broad And Cassel

    Florida firm Berger Singerman LLP has added a Broad and Cassel intellectual property litigator as a first move in a plan to expand its IP capabilities, the firm announced Friday.

  • February 16, 2017

    Witness Accused Of Misconduct At Ballplayer Smuggling Trial

    Signals are exchanged silently throughout baseball games, between catchers and pitchers and coaches and players around the diamond, but the suggestion that a ballplayer was receiving signals while testifying in the player smuggling trial of an agent and trainer raised tensions in a Miami courtroom Thursday.

Expert Analysis

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • Trump’s Enviro Law Impact May Not Be What Many Anticipate

    Lester Sotsky

    Many posit a material decline in environmental enforcement and a retrenchment or reversal of environmental regulatory initiatives in the new Trump administration. We expect three concrete areas where activism and activity will be on the rise during this time, targeting a variety of environmental, public health and liability issues of considerable potential consequences, say Lester Sotsky and Andy Wang of Arnold & Porter Kaye Scholer LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • When And Where Punitive Damages Are Insurable: Part 2

    Rory Eric Jurman

    There is no substitute for a well-drafted, ironclad insurance policy, so it is imperative that insurers either expressly exclude punitive damages in actual policies, or unambiguous, limiting language if the agreement is to cover punitive damages, says Rory Jurman of Fowler White Burnett PA.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • 4 Fla. Water Law Issues To Watch In 2017

    Kathryn B. Rossmell

    While political changes in 2017 will impact issues across the board, one matter is of special interest to Floridians: water. Legislation and case law both indicate this year will see significant discussions on this vital resource, accompanied by updates to the policies and infrastructure that form the basis of our legal interactions with it, says Kathryn Rossmell of Lewis Longman & Walker PA.

  • When And Where Punitive Damages Are Insurable: Part 1

    Rory Eric Jurman

    When insured parties are ordered to pay punitive damages, they often want to know whether those punitive damages are covered and whether they were insurable in the first place. In the first half of this two-part article, Rory Jurman of Fowler White Burnett PA looks at how courts in Florida treat this issue, compared to courts around the country.