Florida

  • February 21, 2018

    Meet The Forthright Judge Who Crushed A $350M FCA Verdict

    When a Florida federal judge nuked a $350 million False Claims Act verdict last month, the eye-popping reversal was announced in an opinion teeming with bare-knuckle prose — the sort of ruthless writing that has made the judge a local legal legend.

  • February 21, 2018

    Duo Settles With SEC For Selling Outlandish Patent Stocks

    Two Florida men facing fraud charges settled a related case with the U.S. Securities and Exchange Commission Wednesday, agreeing to be barred from penny stock offerings and securities trading to resolve civil claims that they pilfered $2.5 million selling penny stocks based on dubious nanotechnology patents.

  • February 21, 2018

    Feds’ 'Sanctuary' Funding Cut Threat Illegal, Fla. City Says

    West Palm Beach, Florida, on Wednesday urged a Florida federal court to enter an order temporarily barring the Trump administration from withholding or clawing back federal funds because of the municipality’s so-called sanctuary city policies, arguing the government’s move would violate federal laws and the U.S. Constitution.

  • February 21, 2018

    ​​​​​​​Argentinian Woman Wins Removal Review At 11th Circ.

    The Eleventh Circuit ruled Tuesday that a drug trafficking conviction against an Argentinian woman did not constitute an aggravated felony because the Florida narcotics statute was categorically overbroad, granting her petition for review of a Board of Immigration Appeals decision that disqualified her from cancellation of removal.

  • February 20, 2018

    Real Estate Rumors: Blackstone, Angelo Gordon, GGP

    Blackstone is said to have sold an Illinois office property for $47 million, Angelo Gordon has reportedly sold a Florida apartment complex for $64 million, and mall real estate investment trust GGP is said to have bought an Illinois Macy's store for $25 million and leased it back to the retailer.

  • February 20, 2018

    Miami-Dade Sues Marlins For Cut Of Profits From $1.2B Sale

    Miami-Dade County sued the Miami Marlins on Friday, claiming the Major League Baseball team is withholding a 5 percent cut of profits from the team’s $1.2 billion sale under the terms of a 2009 contract for public financing of the team’s $600 million stadium.

  • February 20, 2018

    High Court Won't Hear Atty's Appeal Of Essay Sanction

    The U.S. Supreme Court on Tuesday declined to hear an attorney's appeal of a sanctions order to write a 5,000-word essay on the consequences of ignoring court orders, and to pay attorneys' fees.

  • February 20, 2018

    Woodbridge Ponzi Defendant Seeks Toss Of SEC Charges

    Ponzi-scheme suspect Robert Shapiro asked a Florida federal court Tuesday to dismiss the Securities and Exchange Commission’s case against him, saying the mortgage notes he sold were not securities.

  • February 20, 2018

    Medical E-Records System Maker Counters Rival's $30M Suit

    Electronic medical records company ZenCharts LLC responded Friday to a $30 million suit by rival Kipu Systems, denying claims it ripped off Kipu's cloud-based records system and adding its own counterclaims that Kipu has interfered with its legitimate efforts to build a superior system.

  • February 20, 2018

    Monat Products Cause Irritation And Hair Loss, Suit Says

    Hair products manufacturer Monat was hit with a proposed class action Tuesday in Florida federal court alleging the company misrepresents that its products are safe and can aid in hair regrowth, when in reality they can cause irritation and hair loss.

  • February 20, 2018

    Traffic Ticket Firm Seeks Sanctions For $11M Antitrust Suit

    A traffic ticket law firm asked a Florida federal court Monday to sanction traffic ticket services startup TIKD for filing an $11.4 million antitrust lawsuit against the firm and The Florida Bar, calling the case an effort to “try to legitimize its own unlicensed practice of law.”

  • February 20, 2018

    Justices Let Stand Health Workers' Convictions in $63M Fraud

    The U.S. Supreme Court declined Tuesday to take up the appeal of two Florida mental health counselors who tried to get new trials after they were convicted of conspiracy for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme.

  • February 20, 2018

    Unions Say Disney World Withheld $1K Tax Cut Bonuses

    Unions representing Disney World workers filed a federal labor complaint on Monday claiming Disney has improperly withheld $1,000 bonuses announced by the company after Congress passed the GOP tax cut bill.

  • February 20, 2018

    Atty Relishes Role As Longtime Foe Of Tort Reform Laws

    Getting a tort reform or other state law ruled unconstitutional is no easy task, but Robert Peck has managed to make a career out of it, traveling across the country and helping to smash roadblocks for the personal injury plaintiffs bar, including a seminal take-down of Florida’s cap on noneconomic damages.

  • February 16, 2018

    Tampa Bay Rays Call Foul On Concessionaire's Dismissal Bid

    Major League Baseball's Tampa Bay Rays urged a Florida federal court Friday to deny concessionaire Centerplate's bid to escape the ball club's breach of contract suit over an expiring 20-year pact, saying it has provided no basis and relies on “unfounded accusations.”

  • February 16, 2018

    SDFL Adopts Guidelines For Cooperation On Int'l Bankruptcies

    The Southern District of Florida's bankruptcy court has adopted guidelines for communication and cooperation between courts in cross-border insolvency matters that practitioners say will help courts efficiently handle the increasing number of Chapter 15 cases filed in the region as its ties to Latin America continue to strengthen.

  • February 16, 2018

    Massage Envy Ducks EEOC Suit Over Ebola Fear-Driven Firing

    A Florida federal judge tossed EEOC claims that a Massage Envy franchise owner illegally fired an employee with plans to visit Ghana on fears she would return with the Ebola virus, finding Thursday she did not qualify as disabled under the Americans with Disabilities Act.

  • February 16, 2018

    Fla. Judge Should Be Removed For Campaign Offenses: Panel

    Florida's Judicial Qualifications Commission recommended Thursday that a state judge be removed after finding him guilty of violating several judicial rules in a series of incidents, led by his posting of false information about an election opponent on his own campaign website.

  • February 16, 2018

    Uber Driver Can't Sue Over Gun-Carrying Ban, Judge Says

    A Florida federal judge on Friday tossed an Uber driver’s proposed class action alleging the rideshare giant’s rule prohibiting drivers and passengers from carrying a gun violates their constitutional rights, finding that the driver has not claimed he’s been harmed by the policy and therefore can’t sue.

  • February 16, 2018

    Robot Surgery Suit Tossed Too Soon, Fla. Appeals Panel Says

    A Florida appeals panel Friday revived a malpractice suit claiming that part of a robot left inside a patient’s body for years following a hernia surgery contributed to his untimely death, as it disagreed with a lower court that the allegations were vague or already dismissed. 

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 4 Takeaways For Lenders From Recent TCPA Decision

    Eve Cann

    As Telephone Consumer Protection Act cases rarely result in favorable trial outcomes for creditors and loan servicers, there are several key practice points from a Florida federal court’s recent decision in Larry Harrington v. RoundPoint Mortgage Servicing, say Eve Cann and Keith Andress of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.