Florida

  • May 17, 2018

    Rays' Ex-Concession Co. Gets Go-Ahead On Contract Claims

    Concessionaire Centerplate can move forward with counterclaims that it is owed payments on an expired food services agreement that is the focus of a breach of contract lawsuit brought by Major League Baseball's Tampa Bay Rays, a federal judge ruled Thursday, saying more discovery is needed.

  • May 17, 2018

    Fla. Ruling Expands Menu Of Claims For Injured Patients

    The Florida Supreme Court's recent ruling that a residential treatment facility can't categorize a suit over a patient's injuries as a medical malpractice case will make it easier for personal injury plaintiffs to pursue general negligence claims against health care providers, experts said, since they won't be subject to "onerous" medical malpractice law requirements.

  • May 17, 2018

    Florida Pizza Shop Beats NJ In Highway Trademark Fight

    The Trademark Trial and Appeal Board has ruled that New Jersey can’t block a small Florida pizza chain from registering a logo that mimics signs for the Garden State Parkway, the state’s latest loss in a yearslong trademark dispute with the company.

  • May 16, 2018

    10 Fla. Cities Join Challenge To Limits On Local Gun Control

    Ten more Florida municipalities and more than two dozen public officials have joined a lawsuit challenging a state law that bars local governments from enacting gun safety laws deemed stricter than the state’s, according to an amended complaint filed late Tuesday.

  • May 16, 2018

    Fla. Court Program Seeks To Curb Unprofessional Behavior

    A Florida court aims to improve professionalism and civility among litigators with a new pilot program that will allow veteran litigators to serve as magistrates to help judges resolve complaints of unprofessional behavior.

  • May 16, 2018

    Tennis Org Wants $10M Blood Test Injury Suit Arbitrated

    The Women's Tennis Association on Tuesday urged a Florida federal court to force tennis player Madison Brengle to arbitrate her claims that anti-doping tests required by the organization and the International Tennis Federation injured her serving arm and impacted her career, saying she agreed to arbitrate such disputes.

  • May 16, 2018

    EB-5 Investor Suit Against Jay Peak Owner Dismissed

    A Florida federal judge dismissed an investor class suit against Jay Peak ski resort owner Ariel Quiros over his alleged role in a $350 million EB-5 visa fraud suit, ruling that the investors don't have standing to bring the claims, which he said would allow them to "double dip" on recoveries.

  • May 16, 2018

    Man Asks Fla. Justices For Right To Grow Pot During Appeal

    A Tampa, Florida, man who successfully sued the state for the right to grow marijuana for his medical use under a 2016 constitutional amendment asked the Florida Supreme Court late Tuesday to vacate a stay of a lower court's decision during the state's appeal so he can access the medicine.

  • May 16, 2018

    Blue Cross Can't Dodge Fla. Atty's ERISA Suit, Judge Says

    A Florida attorney can pursue his suit accusing Blue Cross and Blue Shield of Florida Inc. of wrongly denying coverage for his son’s medical expenses, a Florida federal judge ruled Tuesday, adopting a magistrate judge’s finding that the attorney adequately pled his Employee Retirement Income Security Act claim.

  • May 16, 2018

    Democratic AGs Can Fight Latest Anti-ACA Suit, Judge Says

    A squadron of Democratic attorneys general can swoop into a new, Republican-backed legal challenge to the Affordable Care Act’s constitutionality and fight the case, a Texas federal judge ruled Wednesday.

  • May 16, 2018

    Food Cos. Escape Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier escaped a proposed consumer class action in California federal court accusing them of misrepresenting their squid as octopus, when the judge ruled the latest complaint did not sufficiently meet a threshold requirement showing each class member's relation to the state.

  • May 15, 2018

    Comerica Bank, Execs Hit With $4.4B Racketeering Suit

    Comerica Bank and several of its executives were hit Monday with a $4.4 billion racketeering suit in Florida federal court alleging they helped a Florida billionaire put a Canadian yacht construction company out of business.

  • May 15, 2018

    Widower Says Court Should Have Let Him Fix Engle Suit Error

    A smoker's widower urged the Florida Supreme Court on Tuesday to review an appeal's court's finding that he cannot amend and pursue an Engle progeny lawsuit mistakenly filed in his wife's name after she had already died, saying it directly conflicts with case law.

  • May 15, 2018

    BALCA Affirms Denial Of H-2B Certification For Florida Co.

    The Board of Alien Labor Certification Appeals on Monday upheld the denial of a temporary visa certification for a Florida transportation company after the firm missed a deadline to recruit American citizens first for its open seasonal positions.

  • May 15, 2018

    11th Circ. Won't Rethink Ruling In Contractor Fall Fight

    An Eleventh Circuit panel refused Tuesday to reconsider its ruling that a roofing company sales representative who allegedly did not properly inspect a roof before a contractor fell through it and became paralyzed was an employee and is therefore covered by a Houston Specialty Insurance policy.

  • May 15, 2018

    6 States Sue Purdue Over Alleged Deceptive Opioid Marketing

    The attorneys general of Texas, Florida, Nevada, North Carolina, North Dakota and Tennessee separately said on Tuesday that they have filed lawsuits against Purdue Pharma LP for its alleged deceptive marketing of prescription painkillers that perpetuated the national opioid crisis.

  • May 15, 2018

    Ex-Mutual Benefits Atty Says Co. Wasn't A Ponzi Scheme

    Mutual Benefits Corp.’s former outside counsel asked the Eleventh Circuit on Tuesday to overturn his 10-year prison sentence for his role in a massive insurance scam, arguing that the prosecution’s framing of the business as a Ponzi scheme was completely wrong.

  • May 15, 2018

    Ex-Herbalife Sellers Fight Bid To Send $1B RICO Suit To Calif.

    Former distributors for nutrition supplement company Herbalife Ltd. urged a Florida federal court Monday to deny a bid to move their Racketeer Influenced and Corrupt Organizations Act suit, which could result in up to $1 billion in damages, to Central California, arguing Florida is the dispute's “nerve center.”

  • May 15, 2018

    11th Circ. Affirms Fertilizer Co.'s Win In Toxic Tort Suit

    The Eleventh Circuit on Monday backed Mosaic Fertilizer LLC's quick win in a lower court on claims by a Florida woman that toxic substances from a factory owned by the company either caused her various medical conditions or made them worse, affirming the exclusion of an expert witness' testimony.

  • May 15, 2018

    Real Estate Rumors: Syska Hennessy, Aqua Marine, Triple 5

    Engineering technology firm Syska Hennessy Group is reportedly leasing 55,000 square feet in New York from real estate investment trust SL Green, Aqua Marine Partners is said to be seeking to build 343 residential units in Florida and developer Triple Five Group is reportedly buying a Miami development site where it plans to build retail and residential space.

Expert Analysis

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Views From The Bench On Sentencing Representation: Part 11

    Alan Ellis

    In my interviews with judges for this series on sentencing, some of the more interesting insights have come from those who were formerly criminal defense lawyers, says attorney Alan Ellis.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • Diabetic Care RX Case Is A Warning Sign For Private Equity

    Christopher Hewitt

    The United States government recently sent shock waves through the private equity industry by charging a PE firm for its portfolio company’s alleged health care fraud in U.S. v. Diabetic Care RX. Four measures can help private equity firms mitigate their risk so they avoid the same fate, say Christopher Hewitt and Jayne Juvan of Tucker Ellis LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Florida Taxpayer Advocate Office Gains New Independence

    Mark Holcomb

    Recent changes by the Florida Legislature provide an opportunity for the state's taxpayer rights advocate to become a voice for all taxpayers — not just those in dire straits — and spur meaningful reforms, says Mark Holcomb of Dean Mead & Dunbar.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.