Florida

  • April 26, 2018

    Fla. Justices End Circuit Split Over Med Mal Classification

    The Florida Supreme Court on Thursday resolved a conflict among two lower appeals courts by ruling that a personal injury suit accusing staff at a residential treatment facility of negligently injuring an unruly patient while attempting to physically restrain her can’t be categorized as medical malpractice.

  • April 26, 2018

    LMFAO Says Rick Ross Shouldn't Get Fees For 11th Circ. Win

    LMFAO urged a Florida federal court Thursday to deny rapper Rick Ross' bid for attorneys' fees following an Eleventh Circuit order that reversed LMFAO's win in Ross' copyright infringement suit and sent the dispute back to district court.

  • April 26, 2018

    BALCA Affirms H-2B Visa Denial For Fla. Cleaning Co.

    The Board of Alien Labor Certification Appeals on Thursday affirmed the denial of temporary labor certification for 48 immigrants hired as maids and housekeepers, finding that a Florida-based company had untimely posted a newspaper ad for the job.

  • April 26, 2018

    Insurer Needn't Cover Contractors In Chinese Drywall Suit

    A Florida federal judge on Wednesday dismissed claims that Westchester Fire Insurance Co. must pay building contractors for money lost over the installation of defective Chinese drywall, saying Westchester’s policy was only triggered by court-ordered judgments.

  • April 26, 2018

    Fla. Hospital Denied In Bid To Expand Beyond Tax District

    For the second time in eight days, a Florida state court has ruled that Halifax Health lacks authority to build a hospital outside of a special taxing district's geographical bounds, granting a judgment Wednesday to a district resident who challenged a partially completed project in the city of Deltona.

  • April 26, 2018

    11th Circ. Narrows Rail Co.'s Sales Tax Win Against Alabama

    The Eleventh Circuit clarified its month-old opinion that Alabama taxes discriminate against rail carriers with a limiting revision Wednesday, specifying that the opinion applies to the transportation of interstate freight.

  • April 26, 2018

    Pharmacy Owner Gets 15 Years For Role In $100M Scheme

    The owner of a group of Florida pharmacies was sentenced on Thursday to 15 years in prison and ordered to give up $54.5 million in restitution after he pled guilty to his role in a $100 million scheme involving bogus insurance reimbursements for prescription drugs.

  • April 26, 2018

    Florida Broker-Dealer Charged In 'Shell Factory' Fraud

    Federal prosecutors charged a South Florida securities broker-dealer Thursday with participating in a scheme to issue shares in fraudulent shell companies and then sell them to investors at a profit.

  • April 26, 2018

    Martin Marietta Must Divest Quarries To Clear $1.6B Merger

    Road materials supplier Martin Marietta Materials Inc. will have to sell off two quarries to clear its planned $1.6 billion purchase of private equity-backed Bluegrass Materials Co. LLC under an antitrust settlement the U.S. Department of Justice filed in D.C. federal court Wednesday.

  • April 26, 2018

    Trump Taps Judges For 2nd, 4th Circuits

    State and federal judges dominated the list of the administration's nominees to federal courts announced Thursday, as President Donald Trump seeks to fill vacancies in the Fourth and Second Circuits, as well as courts in Florida and the Court of Federal Claims.

  • April 25, 2018

    11th Circ. Stays Order To Reform Fla. Felon Voter Restoration

    The Eleventh Circuit on Wednesday granted Gov. Rick Scott’s request to stay an order requiring him to establish a new, uniform system for restoring voting rights to felons.

  • April 25, 2018

    Ex-Trump Golf Club Members Get Final Nod For $5.4M Deal

    A Florida federal judge granted final approval Wednesday of a $5.4 million settlement and entered final judgment in a class action alleging that members of a Jupiter, Florida, golf club were improperly denied refunds when President Donald Trump's company acquired the property from Ritz-Carlton in 2012.

  • April 25, 2018

    Marlins Say $1.2B Sale Dispute Belongs In Federal Court

    The Miami Marlins argued that their dispute with Miami-Dade County and the City of Miami over a cut of the team’s $1.2 billion sale shouldn't return to state court, saying longstanding precedent supports its assertion it is a foreign citizen, which brings the parties' arbitration agreement under federal jurisdiction.

  • April 25, 2018

    Kirkland, Cooley Guide Altas Partners' $400M University Buy

    Investment firm Altas Partners LP has agreed to acquire a graduate health sciences university with a network of campuses across the U.S. and online for $400 million from Laureate Education Inc., a network of higher education institutes, in a deal that was guided by Kirkland & Ellis LLP and Cooley LLP.

  • April 25, 2018

    Fla. Appeals Court Reverses Dismissal Of Clawback Interest

    A Florida appeals court on Wednesday reversed a trial court decision that had dismissed a proposed class action against the Miami-Dade County tax collector from taxpayers seeking to claw back interest on overpayments of ad valorem taxes.

  • April 25, 2018

    11th Circ. Nixes Ga. County’s Bid To Use Aviation Fuel Tax

    A Georgia county’s challenge to the Federal Aviation Administration over the county's use of aviation fuel taxes for nonaviation projects was rebuffed Tuesday when the Eleventh Circuit ruled it lacked jurisdiction to hear the dispute. 

  • April 25, 2018

    Real Estate Rumors: Chicago Tower, PGGM, Florida Bank

    A residential tower in Chicago could fetch as much as $120 million in a sale, a venture that includes Dutch pension fund PGGM is said to be buying a New York rental tower for $195 million, and Florida Community Bank has reportedly loaned $19.5 million for a recent Florida casino and racetrack purchase.

  • April 25, 2018

    RJ Reynolds Dodges New Trial For Smoker's $38M Engle Suit

    A Florida appeals court reversed Wednesday a trial court’s order granting a new trial after a jury found in 2016 that R.J. Reynolds was not liable in a $37.5 million Engle progeny trial over the lung cancer death of a heavy smoker, saying the jury disregarded the testimony at issue.

  • April 25, 2018

    Tobacco Cos. Settle Long-Running Health Warning Dispute

    Major tobacco companies and the federal government on Wednesday told a D.C. federal judge they have agreed on language for “corrective statements” on tobacco product websites and packaging, ordered more than a decade ago to remedy misleading statements by the companies.

  • April 25, 2018

    Pineapple Biz Slams Del Monte Bid To Enforce $32M Award

    A Costa Rican pineapple grower urged a Florida federal court Tuesday to abstain from enforcing a $32 million arbitral award to Swiss corporation Del Monte International GmbH, saying that Costa Rican courts have refused to enforce the award and that the grower has no assets in the United States.

Expert Analysis

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • 11th Circ. Decision Deepens An FCA Circuit Split

    Douglas Baruch

    The Eleventh Circuit's False Claims Act decision this month in U.S. v. Cochise results in a clear and stark circuit court split. The issue of whether the extended limitations period may be invoked by relators in declined qui tam actions — and, if so, whose knowledge triggers the clock — is now ripe for resolution by the U.S. Supreme Court, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.