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Florida

  • November 15, 2018

    11th Circ. Backs More Time For Fla. Voters To Rectify Ballots

    Only hours after a judge ruled that Florida’s application of its signature requirement for vote-by-mail ballots is unconstitutional, the Eleventh Circuit on Thursday afternoon declined to stay the order, effectively giving voters extra time to cure the defects on their ballots.

  • November 15, 2018

    Facebook Friendship Doesn't Require DQ, Fla. Justices Say

    The Florida Supreme Court ruled Thursday that a Facebook friendship between a judge and a litigator is not on its own a legally sufficient basis for disqualification, although a majority of the justices took the position that judges should not be active on social media.

  • November 14, 2018

    Sanctions Sought In Alleged Cryptocurrency Pyramid Scheme

    An Alabama man accused of promoting a cryptocurrency investment pyramid scheme faced questioning in Florida federal court Wednesday about his involvement with similar businesses as the Federal Trade Commission pushed for sanctions over his alleged failure to follow a court order to produce and preserve certain documents.

  • November 14, 2018

    McAfee Founder Held Liable For Death Of Belize Neighbor

    A Florida federal judge on Wednesday held that John McAfee, founder of the eponymous cybersecurity software company, is liable for the death of a man who owned a vacation home next to his in Belize.

  • November 14, 2018

    Real Estate Rumors: MTA, Moses & Singer, First Industrial

    The Metropolitan Transportation Authority is reportedly buying New York's Grand Central Terminal and two train lines for $35 million, Moses & Singer is said to have renewed its lease in New York's Chrysler Building, and REIT First Industrial has reportedly picked up a Florida site for $8.7 million.

  • November 14, 2018

    Pa. Band ‘Church Girls’ Can’t Duck Trademark Counterclaim

    A Pennsylvania indie rock band suing over the name “Church Girls” can’t shake an identically named Florida band’s counterclaim that the Philadelphia-based group knew about its counterpart when it registered a trademark for the name, a Florida federal judge ruled Tuesday.

  • November 14, 2018

    Timeshare Co. Fights Attys' Bid To Withdraw From Suit

    Timeshare resort company Orange Lake Country Club Inc. has urged a Florida federal court to deny two attorneys' request to withdraw as counsel to a lawyer mired in the company's suit claiming illegal interference in its contracts, saying the pair have too much unfinished business in court.

  • November 14, 2018

    Fla. Ford Dealer Agrees To $4.8M Robocalls Settlement

    A Ford dealership and the recipients of its unwanted automated advertising messages have reached a preliminary $4.8 million settlement in a proposed class action accusing it of violating federal communications law, according to a motion filed in Florida federal court.

  • November 14, 2018

    Ex-NFL Player Fights Bid To Trim Disability Benefits Suit

    Former NFL player Tyrone Keys is fighting an effort from league benefit plans to trim the majority of an Employee Retirement Income Security Act suit he filed after they tried to claw back about $831,000 in disability payments, saying he has properly backed his claims.

  • November 14, 2018

    Judge Won't DQ Fla. Prosecutors In $1B Health Fraud Case

    A Florida federal judge on Tuesday denied a Miami businessman's bid to dismiss or disqualify the prosecution team in a $1 billion health care fraud case against him, but despite criticizing federal prosecutors' and agents' performance, the court rejected a magistrate's findings that they had acted in bad faith.

  • November 14, 2018

    4 Firms Steer $360M Sabre Deal For Travel Tech Co. Farelogix

    Travel-focused technology company Sabre Corp. on Wednesday said it will buy private-equity backed tech firm Farelogix in a $360 million deal, with Hogan Lovells US LLP and Axinn Veltrop & Harkrider steering the buyer and Paul Weiss Rifkind Wharton & Garrison LLP and Greenberg Traurig LLP guiding the Miami-based seller.

  • November 13, 2018

    Dems Up Ante As Fla. Recount Litigation Piles Up

    With Florida's 67 counties hurrying to recount the votes in the races for U.S. senator, governor and agriculture commissioner, related litigation kept mounting Tuesday as Democrats sought extended deadlines and challenged rules for determining voter intent in two new suits.

  • November 13, 2018

    Toyota Drivers Seek To Keep Distributor In Faulty HVAC Suit

    Drivers in a proposed class action have asserted in Florida federal court that Southeast Toyota Distributors LLC knew its cars had defective ventilation systems but said nothing, an act of omission that should keep it on the hook despite its attempts to get out of the case.

  • November 13, 2018

    Real Estate Rumors: Carlyle, Bloomberg, Charter Schools USA

    A Carlyle Group venture has reportedly sold a Florida apartment complex for $67.25 million, Bloomberg LP is said to have renewed a 468,000-square-foot lease for space in Manhattan and Charter Schools USA has reportedly bought one of its schools in Florida for $10.5 million.

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    Fla. Blue Cross Illegally Cornering ACA Market, Rival Says

    Blue Cross Blue Shield of Florida was hit with a suit on Tuesday claiming it has created an unlawful stranglehold on Affordable Care Act policies in the Sunshine State by having brokers agree not to carry policies from any other insurer.

  • November 13, 2018

    11th Circ. Won't Rethink GE Unit's Arbitration Bid In $45M Suit

    The Eleventh Circuit has declined to reconsider its decision that an Alabama steel plant owner doesn’t have to arbitrate its $45 million dispute with a French unit of General Electric Co. over allegedly faulty motors because there’s no written arbitration agreement between the parties.

  • November 13, 2018

    'Narcos' Production Co. Seeks Toss Of Copyright Suit

    A Colombian production company argued Monday that a Florida federal court lacks authority over it in a lawsuit alleging that it, Netflix and the other producers of the popular series "Narcos" infringed copyrights covering a former journalist's best-selling memoir that detailed her romantic relationship with drug kingpin Pablo Escobar.

  • November 13, 2018

    ICE Officer Cut From Citizen's Detention Row

    A Florida federal judge has dismissed several claims brought by a U.S. citizen of Honduran ancestry who has been detained twice on suspicion of being in the country illegally, tossing all claims filed against an ICE officer while allowing several against a Florida county and the federal government to proceed.

  • November 9, 2018

    Fla. Developer With Kushner Ties Slams EB-5 Fraud Suit

    A real estate developer connected to White House adviser Jared Kushner has urged a Florida state court to scrap claims from a group of Chinese investors seeking EB-5 visas that he defrauded them of $99.5 million, arguing that the lawsuit is based on false allegations and is time-barred.

Expert Analysis

  • 11th Circ. Reminds Employers Why Best Practices Matter

    Taylor White

    The Eleventh Circuit's revival of a hostile work environment claim in Smelter v. Southern Homecare Services demonstrates that employers may still face liability even if they have a legitimate, nondiscriminatory reason to terminate an employee. However, proper training, investigations and documentation can help limit exposure, says Taylor White of Foley & Lardner LLP.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • What FINRA Stats Tell Us About Elder Abuse Claims

    Joel Everest

    As baby boomers continue to age and the senior population grows in dramatic fashion, statistics from the Financial Industry Regulatory Authority support the logical conclusion that an industry trend toward more FINRA arbitrations concerning senior investors is already underway, says Joel Everest of Bressler Amery & Ross PC.

  • Opinion

    Defendants Can't Be Held To Impossible Discovery Standards

    Michelle Hart Yeary

    In a classic case of overreaching, plaintiffs in the Abilify multidistrict litigation recently sought sanctions against the defendant for not preserving emails from more than a decade before the start of the legal action. But their "everything plus the kitchen sink" approach couldn’t mask the lack of merit in any of their arguments, says Michelle Hart Yeary of Dechert LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • Tampa Construction Contracts Must Address Labor Shortages

    Gary Schaaf

    Due to the serious construction labor shortage in Tampa, Florida, owners and contractors need to ensure that their written contracts account for the possible effects of debilitating labor shortages upon the rights of parties and the health of their projects, says Gary Schaaf of Becker & Poliakoff PA.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.