Florida

  • March 06, 2024

    Fla. Law Blocks Punitive Damages In Smoker Death Suit

    A Florida appeals panel on Wednesday denied a woman's bid for punitive damages against Philip Morris USA Inc. in a wrongful death suit, saying the trial court properly found that a state law blocks the damages.

  • March 06, 2024

    Feds Get More Time To Reply In Fla. Casinos Case

    The U.S. Supreme Court on Wednesday granted the federal government a 30-day extension to reply to two Florida casino operators' petition for a writ of certiorari that seeks to reverse a decision that found a compact allowing online sports betting off tribal lands is lawful.

  • March 06, 2024

    Insurer Says Mountaineer's Death Not 'Accidental'

    Reliance Standard Life Insurance Co. asked the Eleventh Circuit on Wednesday to reverse a decision saying it has to pay out an accidental death benefit to the family of a Harvard medical professor who died trying to summit a mountain in Pakistan, arguing that there isn't enough evidence to show that his death was an accident.

  • March 06, 2024

    Trump Mocks Hush Money Case As 'Deluded Fantasy'

    Counsel for former President Donald Trump has branded the hush money charges against him as a "deluded fantasy," arguing that the Manhattan district attorney is framing the New York state court case as a conspiracy to undermine the 2016 election despite it being a "narrow business records case."

  • March 06, 2024

    Gemini Scores Arbitration Bid In 'Earn' Crypto Investment Suit

    Gemini Trust Co. LLC investors must arbitrate their claims that the cryptocurrency exchange misled them about the firm's interest-bearing accounts and were hurt after the program for the accounts was halted, with a New York federal judge finding that Gemini and its founders have shown that a valid arbitration agreement exists.

  • March 06, 2024

    Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says

    A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.

  • March 06, 2024

    CFPB Rebuffs Bid By MV Realty To End Investigation

    The Consumer Financial Protection Bureau has denied a plea from MV Realty to set aside the agency's investigation of the Florida-based company's use of 40-year exclusive listing agreements to force homeowners to pay thousands of dollars in junk fees.

  • March 06, 2024

    Ex-Stimwave CEO Found Guilty Of Healthcare Fraud

    A New York federal jury on Wednesday convicted the former CEO of Stimwave over allegations that the medical device maker sold an implant for chronic pain sufferers with a bogus component in order to drive up billings.

  • March 05, 2024

    Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck

    Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.

  • March 05, 2024

    Receiver's Suit Merits 'Evil Zombie' Standing, 11th Circ. Told

    A receiver appointed to recover fraudulently transferred assets in the wake of a foreign exchange Ponzi scheme urged the Eleventh Circuit on Tuesday to revive its suit against an alleged operator under "evil zombie" standing, arguing that the wrongdoers no longer control the companies it represents.

  • March 05, 2024

    Oro Negro Bondholders Want Quinn Emanuel Sanctioned

    Bondholders in Mexican oil and gas company Perforadora Oro Negro asked a Florida judge on Tuesday to sanction Quinn Emanuel Urquhart & Sullivan LLP for continuing to represent the company's founders in a $30 million dispute despite a disqualification order.

  • March 05, 2024

    Coca-Cola Sued Again Over Topo Chico's Margarita Label

    Buyers of The Coca-Cola Co.'s hard seltzer brand Topo Chico Margarita Hard Seltzer have alleged the company misled them into believing the drink contains tequila by labeling it "margarita," and listing "alcohol" and "agave syrup" as ingredients, according to a new putative class action. 

  • March 05, 2024

    11th Circ. Told Fla. Rental Car Co. Imposed Deceptive Fees

    A group of consumers urged a panel of the Eleventh Circuit on Tuesday to reverse a lower court's dismissal of their $5 million class action against a Florida rental car business, alleging the company violated its own terms after charging deceptive damaged vehicle costs when repairs weren't actually made.

  • March 05, 2024

    DA Defends Cohen's Credibility In Trump Hush Money Case

    The Manhattan district attorney has told a New York state judge presiding over Donald Trump's hush money case that the presidential candidate's former attorney Michael Cohen will tell the truth at trial, despite his past perjury.

  • March 05, 2024

    Fla. Attorney Asks 11th Circuit To Toss Extortion Conviction

    A former criminal defense attorney on Tuesday asked the Eleventh Circuit to overturn his conviction for extorting a client for cash, arguing that the instructions sent to the jury on the Hobbs Act charge were improper.

  • March 05, 2024

    J&J Trial Over Doctor's Cancer Death Ends In Hung Jury

    A Florida state judge declared a mistrial Tuesday after jurors said they were "hopelessly deadlocked" over whether Johnson & Johnson's baby powder caused the cancer that killed a Miami anesthesiologist.

  • March 05, 2024

    Carrier Inks $1.4B Fire Biz Deal As Part Of Strategic Exit Plan

    Carrier Global Corp. said Tuesday it has struck an agreement to sell its industrial fire business to Sentinel Capital Partners for $1.425 billion, the latest step in the company's strategic plan to sell off certain business units and focus on its core ventilation business.

  • March 04, 2024

    Amazon Can't Duck E-Book Antitrust Suit But Publishers Can

    A New York federal court has let the country's five largest book publishers escape claims from consumers that they worked with Amazon to drive up the prices of e-books, but the court refused to cut claims accusing Amazon of monopolizing the market.

  • March 04, 2024

    Ex-Venezuelan Official Cops To Money Laundering And Bribery

    A former member of the Venezuelan National Guard pled guilty in Florida federal court Monday to a criminal charge connected to bribing foreign officials to help cover up a $1.7 million fake import scheme and laundering the fraud proceeds through U.S. banks.

  • March 04, 2024

    Judge Grounds Earth, Wind & Fire Cover Band

    A Florida federal judge has handed a win to the entity that owns the intellectual property of the musical group Earth, Wind & Fire over a concert producer and a promoter it says ripped off the band's trademarks, banning them from using those marks again.

  • March 04, 2024

    SEC Fines Adviser $950K Over Ryder Buyout Disclosures

    A New York-based investment adviser will pay a $950,000 civil penalty to the U.S. Securities and Exchange Commission for allegedly failing to timely disclose information about its ownership of commercial rental truck company Ryder System Inc. leading up to a May 2022 takeover offer.

  • March 04, 2024

    Trump Blasts DA's Gag Order Motion In NY Hush Money Case

    Donald Trump's attorneys on Monday slammed the Manhattan district attorney's request for a gag order in the hush money case against the former president, arguing it would be unconstitutional to silence the "leading candidate in the 2024 election" in the midst of the primary season.

  • March 04, 2024

    11th Circ. Keeps Fla.'s Workplace Bias Training Law On Ice

    The Eleventh Circuit on Monday refused to let Florida start enforcing a law that prevents employers from requiring workers to attend diversity trainings that promote various sex- and race-based concepts, rejecting the Sunshine State's assertion that it was regulating conduct, not speech.

  • March 04, 2024

    Trial Of Ex-Stimwave CEO Over Medical Device Nears End

    Prosecutors on Monday urged a Manhattan federal jury to convict the former CEO of Stimwave Technologies for hawking a medical device for chronic pain sufferers with a bogus component designed to drive up billings, while defense counsel derided a lack of evidence to support the government's claims.

  • March 04, 2024

    11th Circ. Says Broker Can't Collect Fees In Copyright Case

    The Eleventh Circuit has ruled that a Florida real estate broker cannot collect attorney fees incurred for defending himself from a copyright infringement suit by an aerial photography company because the broker was not a prevailing party once the photography company voluntarily dismissed the case.

Expert Analysis

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • How The Fla. AG Is Impeding Recreational Marijuana

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    Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.

  • Fla. Foreign Real Estate Law Brings Broad Investment Risks

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    Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • State Laws Could Complicate Employer Pandemic Protocols

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    If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.

  • After Warhol, The High Court Must Clarify Copyright Damages

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    Following the U.S. Supreme Court's recent decision in Warhol v. Goldsmith, a circuit split over the Copyright Act's statute of limitations provision demonstrates a clear need for the court to decide whether the act imposes a lookback period on copyright infringement claims brought under the discovery rule, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

  • How Fla. Amendment Changes The State's Mini-TCPA

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    Gov. Ron Desantis recently signed amendments that will roll back Florida's mini-Telephone Consumer Protection Act by getting rid of the capacious definition of an autodialer, leaving the courts to sort out where the lines fall in Florida Telephone Solicitation Act litigation, says Aaron Weiss at Carlton Fields.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • As Subchapter V's Popularity Rises, So Do Its Boundaries

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    Recent data and bankruptcy court rulings give greater context to Subchapter V’s popularity, but also show how courts continue to interpret its provisions to establish limits and contours, such as the sequence of filing for affiliate debtors, say Jack O’Connor and Heidi Hockberger at Levenfeld Pearlstein.

  • Takeaways From New Fla. Pharmacy Benefit Manager Rules

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    A recently passed Florida law imposes several new requirements on pharmacy benefit managers, necessitating practical considerations that range from potential license application delays to possible trade secret exposure, say Thomas Range and Bruce Platt at Akerman.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • Trafficking Ruling Offers Liability Lessons For Hospitality Cos.

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    A California federal court recently dismissed a lawsuit accusing several national hotel chains of knowingly benefiting from sex trafficking at their premises, highlighting how hospitality leaders can protect their guests and staff, and shield their companies from liability and reputational damage, says Danielle Dudai at Hall Booth.

  • Dissecting The Case Law On Automaker Arbitration Provisions

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    As automakers increasingly turn to arbitration agreements for trimming and defending putative class action lawsuits, there are five factors driving courts' disparate outcomes when resolving an automaker's motion to compel arbitration, say Ellisse Thompson and Brandon Boxler at Klein Thomas.

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