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Florida

  • May 25, 2018

    Enviros Must Specify Water Pollution Fixes To Fla. Utility

    A Florida magistrate judge on Friday ordered environmental groups suing Florida Power & Light Co. over water pollution from its Turkey Point nuclear plant near Miami to provide the utility with specifics about what they demand the utility do to remediate the problem.

  • May 25, 2018

    Monopoly Argument Falls Short In Bid For New Fla. Hospice

    A Florida appeals court ruled Friday that despite the presence of a regional monopoly in hospice services in and around Sarasota County, the state's health administrative agency acted within its legal rights when it denied a certificate of need application for a new provider based on other factors.

  • May 25, 2018

    Fla. Cable Tie Co. Says Rival Hired Unauthorized Immigrants

    A Florida cable tie manufacturer has accused a competitor of hiring immigrants who lack work authorization in violation of the Florida Deceptive and Unfair Trade Practices Act in a suit that was moved to Florida federal court on Friday.

  • May 25, 2018

    Fla. High Court Won't Lift Stay In Pot Right-To-Grow Appeal

    A Florida man who won an order allowing him to grow marijuana for his medical use will have to wait until the state's appeal plays out before possibly gaining access to the plant, as the Florida Supreme Court on Friday denied his request to vacate the appeals court's stay.

  • May 25, 2018

    21st Century Oncology Escapes Contract Fraud Claims

    A New York bankruptcy judge on Friday dismissed a whistleblower’s claims that the cancer treatment chain 21st Century Oncology bribed and threatened its way to a contract with a Florida health system, saying he had not supplied the specifics to back the accusation.

  • May 25, 2018

    Chili's Parent Co. Sued For Negligence Over Data Breach

    The parent company of Chili’s Grill & Bar was hit with a putative class action in Florida federal court Thursday over hacked customer credit and debit card information, less than two weeks after the company announced that a data breach had affected some of its 1,600 restaurants.

  • May 25, 2018

    Magistrate Won't Stay Discovery In TIKD's Antitrust Suit

    A Florida magistrate judge said Friday he could not halt discovery in the $11.4 million antitrust suit filed by traffic ticket services startup TIKD against the Florida Bar and a traffic ticket law firm, as he feared doing so would step on the toes of the presiding judge.

  • May 25, 2018

    Dish Copyright Defendants Scolded In Denial Of Early Win

    A Florida federal judge chastised defendants in a copyright infringement suit filed by Dish Network LLC for failing to follow court instructions as she struck down several motions they filed seeking an early win on claims they distributed Arabic pay-TV programming without authorization.

  • May 25, 2018

    Avis Says Car Renter In Insurance Row Has No Standing

    Avis Budget Car Rental LLC asked a Florida federal judge to toss the remaining claims in a long-running class action over an alleged insurance coverage fraud, saying the court record proves the renter was provided with contractual liability coverage and thus does not have standing.

  • May 25, 2018

    Taxation With Representation: Davis Polk, Wachtell, Hogan

    In this week’s Taxation with Representation, Wabtec merged with General Electric’s transportation unit in an $11.1 billion deal, NextEra snapped up Southern Co.'s Florida utilities for $6.48 billion, MB Financial and Fifth Third merged in a $4.7 billion deal, and Adobe acquired Magento for $1.68 billion.

  • May 24, 2018

    Philip Morris, RJR Hit With $21M Verdict In Engle Case

    A Florida jury has hit Philip Morris and R.J. Reynolds with a $21 million award for contributing to the lung cancer death of a lifetime smoker, in one of the thousands of so-called Engle progeny cases.

  • May 24, 2018

    Maritime Co. Tries To Revive $2.5M Antitrust Defense Fight

    Crowley Maritime Corp. urged the Eleventh Circuit to revive the shipping company's lawsuit to force an AIG unit to cover the $2.5 million that Crowley shelled out to defend a subsidiary's former executive against antitrust allegations, asserting Thursday that it provided timely notice of the claim to the insurer.

  • May 24, 2018

    Pro Golfer Gets Suit Over Promotion Deals Putted To Fla.

    A Washington federal judge approved a request to transfer to Florida a supplement company’s breach-of-contract suit against professional golfer Greg Norman, finding Thursday that the relevant contract was negotiated and signed in the Sunshine State.

  • May 24, 2018

    Procaps Hits Carlton Fields With $15M Malpractice Suit

    Procaps SA has brought a $15 million malpractice suit against Carlton Fields in Florida state court, accusing the firm of encouraging it to bring a disastrous antitrust suit against its former partner and not disclosing that the Colombian drugmaker could be left on the hook for attorneys’ fees if it lost.

  • May 24, 2018

    Judge Confirms Cardno's $15M Award Over Deal Gone Bad

    A Florida federal judge on Wednesday confirmed a nearly $15 million arbitral award for Australia's Cardno International Pty Ltd. in a dispute over its soured acquisition of an Ecuadorian engineering firm, saying the owners of the target company didn't offer a valid reason for refusing to enforce the award.

  • May 24, 2018

    Ex-MLB Pitcher Says Rival Academy Stole Training Program

    A former Major League Baseball pitcher alleges that a Washington resident stole trade secrets and other proprietary information about his baseball academy and training program designed to improve performance and reduce injuries, according to a suit removed to Florida federal court Thursday. 

  • May 24, 2018

    Developer, Gov’t Settle $30M Fla. Munitions Cleanup Suit

    A Florida federal judge has dismissed a lawsuit after being informed of a settlement between the U.S. government and a developer that sought up to $30.5 million in cleanup costs for an Orlando site that was used for World War II-era U.S. Air Force munitions testing, according to a filing on Wednesday in Florida federal court.

  • May 24, 2018

    Fla. Justices Disbar Atty Who Had Sex With 2 Clients In Jail

    The Florida Supreme Court on Thursday disbarred a Jacksonville attorney who pled guilty to engaging in sexual acts with two women he was representing in criminal cases during a visit to a pretrial detention facility, rejecting a recommendation that he only be suspended for his misconduct.

  • May 24, 2018

    No Suspicion Needed For Border Searches, 11th Circ. Says

    The Eleventh Circuit has upheld the conviction of a U.S. citizen who entered the country with laptops containing sexually explicit photos and videos of children as young as 9 years old, ruling that electronic devices may be searched at the border even without reasonable suspicion of criminal activity.

  • May 24, 2018

    Fla. Power Buyers Say FPL Can't Recoup $1B For Solar Builds

    The Florida Industrial Power Users Group told the Florida Supreme Court on Wednesday that Florida Power & Light Co. should not be allowed to recover nearly $1 billion in capital costs to build solar energy projects that the group said are not needed or cost-effective.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.