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Florida

  • November 9, 2018

    Fla. Candidates Sue As Rhetoric Heats Up Over Vote Count

    Florida Gov. Rick Scott's and U.S. Sen. Bill Nelson's camps traded barbs Friday as litigation picked up across the Sunshine State ahead of likely recounts in their Senate contest and two other statewide races.

  • November 9, 2018

    Fla. Court Says Doctor Must Face Patient Privacy Suit

    A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.

  • November 9, 2018

    Attys Get $33M In Fees From Investors' $100M CBRE Deal

    A Florida federal judge signed off Friday on a class of real estate investors' bid for $33.3 million in attorneys' fees and $1.7 million in costs in a $100 million settlement with CBRE over a multimillion-dollar embezzlement case, finding the case took a lot of time and included difficult questions.

  • November 9, 2018

    VW Slams Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen said Friday that a Florida federal judge properly dismissed multiple counts from a proposed consumer class action alleging it sold CC model sedans with suspension defects, so there’s no need to grant consumers’ motion to revisit the ruling. 

  • November 9, 2018

    Fla. Court Breaks Fishermen Class In Tampa Bay Pollution Suit

    A Florida appeals court on Friday reversed class certification for a group of commercial fishermen suing Mosaic Fertilizer LLC for allegedly polluting Tampa Bay, ruling that the fishermen had failed to show a reasonable methodology for proving classwide claims.

  • November 9, 2018

    Real Estate Rumors: Breakers Capital, HNA, AutoNation

    A Breakers Capital Partners venture has reportedly dropped $21.4 million on a Florida office property, HNA Group is said to be under contract to sell a Manhattan office tower, and AutoNation has reportedly sold a Florida auto dealership for $11 million.

  • November 9, 2018

    Justices Urged To Review Checked-Bag Fee Collusion Claims

    A group of airline passengers has urged the U.S. Supreme Court to review claims that Delta Air Lines Inc. and AirTran Airways Inc. colluded to tack on fees for first-checked bags, after the allegations were rejected by the Eleventh Circuit.

  • November 9, 2018

    Timeshare Owners Hit Marriott With Sanctions Bid

    Timeshare owners have asked a Florida federal court to sanction Marriott Ownership Resorts Inc. in a proposed class action claiming the timeshare company and its insurer duped them into invalid real estate deals with Orange County's help, saying it intentionally withheld "massive amounts" of documents during discovery.

  • November 9, 2018

    Adventist Health Says ERISA Underfunding Suit Still Fails

    Adventist Health System has urged a Florida federal judge to toss a proposed class action accusing the health care system of underfunding its retirement plans in violation of the Employee Retirement Income Security Act, arguing that the participant leading the suit failed to fix its flaws.

  • November 9, 2018

    High Court Sets Stage For Cert Orders In Title VII Cases

    The U.S. Supreme Court will decide as soon as Nov. 30 whether to hear a trio of closely watched discrimination cases that ask the justices to decide if Title VII’s ban on sex discrimination protects gay and transgender employees.

  • November 8, 2018

    Fla. Gov. Accuses 2 Counties Of Meddling With Election Count

    With three statewide recounts looming, Republican Florida Gov. Rick Scott filed lawsuits late Thursday against Broward and Palm Beach counties' elections supervisors alleging public records and access violations and accusing county officials of trying to nudge Democratic Sen. Bill Nelson ahead of him in the race for Florida's U.S. Senate seat.

  • November 8, 2018

    Bid To DQ Prosecution Spurs Fiery Row In Health Fraud Case

    A federal judge heard impassioned arguments during a daylong hearing Thursday in Miami over a magistrate’s recommendation that suggested suppressing certain evidence in a $1 billion health fraud case due to prosecutorial misconduct, but also noted that the defendant's requests to disqualify the prosecutors or dismiss the case are not warranted.

  • November 8, 2018

    Fla. Jury Says Engle Plaintiff Was Not Addicted

    A third trial outing in a rare federal Engle case resulted in a win Wednesday for R.J. Reynolds Tobacco Co. and Philip Morris International Inc. when a jury found the plaintiff was not addicted and thus disqualified as an Engle class member, capping a dispute so bitterly fought it made a judge leave after its second trial.

  • November 8, 2018

    Fla. Co. Says Its Account Has No Place In Investor Row

    NA Topco Corp. told a federal court Wednesday to dissolve a writ of garnishment because it was issued against a controlling shareholder in a Chilean wine company who was ordered to pay a $28.7 million arbitration award to an investor, but was wrongly applied to the Florida company's Citibank account.

  • November 8, 2018

    Fla. High Court Nixes Firefighters' Appeal Of Gov.'s Raise Veto

    The Florida Supreme Court on Thursday said it should not have taken up a firefighters' union's challenge to Gov. Rick Scott's veto of a 2015 budget appropriation that would have given them a raise, leaving in place an appellate decision upholding the governor's veto.

  • November 8, 2018

    Yacht Co. Wants $2M Awards From Chinese Builder Confirmed

    A U.S. yacht company has asked a Florida federal judge to confirm $2 million in awards issued against a Chinese builder over the construction and delivery of the 140-foot luxury yacht King Baby Marine LLC, saying the builder has not responded to the suit.

  • November 8, 2018

    Real Estate Rumors: Kislak, Bytedance, Verzasca

    Kislak Organization has reportedly bought a Florida office building for $13.85 million, Chinese tech startup Bytedance is said to be taking nearly 119,000 square feet in Los Angeles County and Verzasca Group has reportedly sold a Miami development site for $13.1 million.

  • November 8, 2018

    Former Dolphins Doctor Cleared In Ex-Player's Med Mal Trial

    A Florida jury has cleared a former Miami Dolphins team doctor in a suit brought by ex-player Otis “O.J.” McDuffie accusing him of negligence in failing to properly treat a toe injury that McDuffie says derailed his career.

  • November 8, 2018

    Fla.'s 3 High Court Nominations Must Wait, Court Told

    The liberal advocacy groups that challenged outgoing Florida Gov. Rick Scott’s plan to nominate three Supreme Court justices argued Thursday that the judicial nominating commission should not name candidates for the three seats until they are officially vacant on Jan. 8.

  • November 7, 2018

    Jurisdiction Hearing Ordered In Fla. Trade Secrets Suit

    A Florida state appeals court said Wednesday that a lack of “essentially undisputed” facts presented by software maker Citrix Systems and former North Carolina-based employees it sued for allegedly misappropriating trade secrets necessitates a hearing to determine whether Florida courts can hear the case.

Expert Analysis

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Federal Criminal Liability Confusion Under CFAA

    Jonathan Etra

    Two recent federal court decisions — Hamilton Group Funding v. Basel in the Southern District of Florida and Hill v. Lynn in the Northern District of Illinois — confirm just how broad and unpredictable the scope of the Computer Fraud and Abuse Act can be, say Jonathan Etra and Christopher Cavallo of Nelson Mullins Broad and Cassel.

  • Florida, We Have A Tax Problem: Inside The TCJA Review

    Mark Holcomb

    The Florida Department of Revenue has been reviewing the impact of the Tax Cuts and Jobs Act on Florida's corporate income taxpayers. Attorneys at Dean Mead Egerton Bloodworth Capouano & Bozarth PA delve into the most pressing issues discussed at last week's public meeting on the nexus of federal and state tax reform.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 11th Circ. Changes Course On New Value Defense

    Paul Avron

    The Eleventh Circuit’s decision this month in Kaye v. Blue Bell Creameries confirms that the prior requirement that new value must remain unpaid is no longer the law in the circuit, wiping out a valuable tool for debtors, trustees and post-confirmation estate representatives for avoiding and recovering preferential transfers, says Paul Avron of Berger Singerman LLP.

  • Cloudy With A Chance Of Price Gouging

    Richard Lawson

    After California Gov. Jerry Brown recently declared a state of emergency in several California counties due to fires in the area, the state attorney general issued a reminder that price gouging during this time is illegal under state law. However, price gouging statutes related to states of emergency are not limited to fires or California, say Richard Lawson and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.