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Florida

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

  • September 19, 2018

    RJR Owes $6.5M For Fla. Musician's Cancer Treatment Death

    A Florida jury awarded $6.5 million to the daughter of a musician and longtime smoker of Kools who died of follow-on complications from mouth cancer treatment, after hearing that the cigarette maker was still responsible for that treatment.

  • September 19, 2018

    Real Estate Rumors: Spotify, Carlyle, Sterling Bay

    Spotify has reportedly subleased 85,666 square feet in Manhattan from the Port Authority of New York and New Jersey, a Carlyle venture is said to have sold three Florida self-storage buildings for $100 million and Sterling Bay has reportedly dropped roughly $20 million on a Chicago Fulton Market building.

  • September 19, 2018

    French Medical Device Maker Sued Over Clot Filter Failure

    French surgical implant maker ALN and its American importing affiliate were sued Monday in Florida state court by a patient who says the company made a defective blood clot filter and made misrepresentations and omissions in its marketing of the device.

  • September 19, 2018

    Uber Driver Sues Jameis Winston Over Alleged Groping

    A female Uber driver whose accusation of groping led to Tampa Bay Buccaneers quarterback Jameis Winston’s three-game suspension filed a lawsuit in Arizona federal court Tuesday against the NFL player.

  • September 19, 2018

    Timeshare Owners Fight Fla. County's Bid To Escape Suit

    Timeshare owners on Tuesday asked a federal court to deny an attempt by Orange County, Florida, to win a quick judgment in its favor in a suit alleging that Marriott Ownership Resorts Inc. and its insurer duped them into invalid real estate deals with the county's help, saying it wrongly recorded defective trust instruments.

  • September 18, 2018

    Flyers Can Refile Venezuelan Airline 'Exit Fees' Suit In Fla.

    A Florida federal judge dismissed a putative class action Tuesday against Venezuelan airline Avior Airlines CA over surprise “exit fees” it allegedly required passengers to pay before letting them board flights at Miami International Airport, but gave the consumers a chance to refile after accepting a finding that the Florida court has jurisdiction. 

  • September 18, 2018

    OSHA Fines Contractors For Deadly Fla. Bridge Collapse

    Five contractors who worked on the design and construction of a pedestrian bridge that collapsed in Miami in March, killing six people, have been issued citations and fines, the federal Occupational Safety and Health Administration announced Tuesday.

  • September 18, 2018

    Carnival Wants Claim Cut From Passenger's Misdiagnosis Suit

    Carnival Corp. asked a Florida federal court on Monday to end a claim in a suit by a cruise ship passenger who said the ship's medical staff misdiagnosed a flare-up of his chronic condition, putting his life at risk.

  • September 18, 2018

    American To Settle Trip Insurance Row As Rivals Face Claims

    American Airlines Inc. has reached an agreement in principal for a class settlement in a suit over its relationship with a third-party travel insurance agency, and JetBlue Airways Corp. and Delta Air Lines Inc. now also face similar suits, according to federal court records.

  • September 18, 2018

    Real Estate Rumors: Aldora Aluminum & Glass, Hana, Encore

    Aldora Aluminum & Glass is reportedly taking 106,000 square feet of space in Florida, asset management firm Hana Financial Group is said to have landed $142.8 million in CMBS financing for a Denver building, and Encore Capital Management has reportedly landed a $33.9 million construction loan for a Florida office project.

  • September 18, 2018

    Bar BuzzFeed From Public Figure Defense, Russian Exec Says

    Russian technology executive Aleksej Gubarev asked a Florida federal court Monday to block BuzzFeed from using the public figure defense to fend off his defamation suit over the website’s publication of a dossier alleging ties between Russia and President Donald Trump.

  • September 18, 2018

    Investor Wants Pomerantz, Holzer To Lead Stock-Drop Suit

    An investor claiming National Beverage Corp. misrepresented its financial situation and ethics, causing its stock price to tumble when a U.S. Securities and Exchange Commission investigation and harassment allegations against its top executive came to light, has asked a Florida federal court to appoint Pomerantz LLP and Holzer & Holzer LLC as co-lead counsel.

  • September 18, 2018

    SeaWorld, Ex-CEO Settle SEC 'Blackfish Effect' Fraud Suit

    SeaWorld Entertainment and its former chief executive settled a U.S. Securities and Exchange Commission suit accusing them of fibbing about the impact a critical 2013 documentary called “Blackfish” had on the Orlando, Florida-based aquatic park chain, agreeing to pay a total of $5 million to exit the litigation.

  • September 17, 2018

    Fla. Court Skeptical Of Fed Coercion In County's ICE Policy

    A Florida appeals court voiced skepticism Monday that Miami-Dade County officials were coerced into a decision to eliminate protections for undocumented immigrants from U.S. Immigration and Customs Enforcement detainer requests and seemed poised to overturn a trial judge's decision shooting down the new policy.

  • September 17, 2018

    Hawk Systems Investor Fights For Control In Chancery

    An investor of biometric security firm Hawk Systems Inc. told a Delaware Chancery Court judge Monday that he is the majority stockholder of the company and its sole director after the company was abandoned by other board members following the alleged looting of investor funds.

  • September 17, 2018

    Counties Say $1.15B Fla. Rail Line Rife With Deadly Risks

    A pair of Florida counties on Friday urged a D.C. federal judge to scrap a $1.15 billion tax-exempt bond funding the construction of a private passenger rail line, saying federal agencies failed to account for significant public safety and environmental concerns.

Expert Analysis

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • From The 1st Billboards To '3 Billboards': A Legal Evolution

    Karina Saranovic

    During movie awards season this year, "Three Billboards Outside Ebbing, Missouri" highlighted the power of a communication medium that some believe has been unduly muzzled over time through regulation and legal challenges, says Karina Saranovic of Delman Vukmanovic LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.