Florida

  • 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.

  • May 14, 2018

    Attys Clash Over Plaintiffs In Chiquita Terrorism Suit

    Attorneys representing Colombian nationals in multidistrict litigation alleging Chiquita funded Colombian paramilitaries clashed Monday, with three lawyers seeking sanctions against one other for wrongly asserting they have never met anyone from a group of 144 plaintiffs they represent, but the targeted attorney decried the motion as an intimidation tactic.

  • May 14, 2018

    Real Estate Rumors: LeBron James, Blackhawk, FoxRock

    LeBron James is reportedly part of a celebrity group that's invested in a New York office building, Blackhawk Properties & Investments is said to have landed a $32.5 million construction loan for a Florida office and retail project and FoxRock Properties has reportedly dropped $22.75 million on a Florida office building.

  • May 14, 2018

    NRA Can't Use Pseudonyms In Suit Challenging Fla. Law

    A Florida federal judge ruled Sunday that the National Rifle Association can't use pseudonyms for plaintiffs in litigation challenging a provision banning firearm sales to anyone younger than 21 that was passed in response to the shooting that left 17 dead at Marjory Stoneman Douglas High School.

  • May 14, 2018

    Bankrupt Miami Hospital Works Toward OK For Auction Plans

    A Florida bankruptcy judge on Monday gave parties in the Chapter 11 case of a shuttered Miami hospital an extra week to iron out some issues before she weighs approval of bidding procedures and other issues surrounding its planned sale.

  • May 14, 2018

    Cole Schotz Expands Fla. Office With Estates Atty

    Cole Schotz PC has expanded its tax, trusts and estates department in Florida with the addition of Ward Damon Posner Pheterson & Bleau PL attorney Christopher Gagic as a partner in its Boca Raton office.

  • May 14, 2018

    Southeastern Grocers' $1.3B Ch. 11 Plan Gets Nod In Del.

    Southeastern Grocers LLC secured court approval on Monday in Delaware for its more than $1.3 billion Chapter 11 reorganization plan, which among other features will swap $522 million in unsecured note debt for equity and put the Florida-headquartered business under new control.

  • May 14, 2018

    EEOC Says It Needn't Fork Over More Docs To Strip Club

    The U.S. Equal Employment Opportunity Commission told a Florida federal court Friday that a strip club already has the available income information for a bartender applicant it allegedly discriminated against for being male and it is trying to compel more documents as a distraction.

  • May 14, 2018

    Supreme Court Won't Hear 11th Circ. Dreadlocks Bias Ruling

    The U.S. Supreme Court declined Monday to hear the NAACP Legal Defense and Educational Fund's challenge to an Eleventh Circuit ruling that employers don't violate federal race discrimination laws when they treat workers differently based on "mutable" characteristics, such as dreadlocks.

Expert Analysis

  • 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.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • A Survey Of Fla. Fiduciary Duty Breach Claims Against Banks

    Andrew Steif

    Although Florida’s federal and state courts have long held that banks or financial institutions do not owe their customers a fiduciary duty, a large percentage of cases filed by customers contain causes of action for breach of fiduciary duty. Andrew Steif of Holland & Knight LLP reviews the general standard for such claims and surveys the cases decided under it.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • 11th Circ. Decision Deepens An FCA Circuit Split

    Douglas Baruch

    The Eleventh Circuit's False Claims Act decision this month in U.S. v. Cochise results in a clear and stark circuit court split. The issue of whether the extended limitations period may be invoked by relators in declined qui tam actions — and, if so, whose knowledge triggers the clock — is now ripe for resolution by the U.S. Supreme Court, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.