Florida

  • February 9, 2018

    Cryptocurrency Outlet Hit With Another Investor Fraud Suit

    The legal woes of cryptocurrency marketplace BitConnect mounted Thursday as the U.K.-registered lending and exchange platform was hit with another class complaint in Florida for allegedly operating as a Ponzi scheme that cheated thousands of investors out of millions of dollars.

  • February 9, 2018

    Consumers Seek Sanctions For Destroyed Abilify Evidence

    Consumers suing Otsuka America Pharmaceutical Inc. over side effects of its antipsychotic drug Abilify asked a Florida federal judge Thursday to sanction the drugmaker for allegedly destroying important pre-2007 communications, saying Otsuka waited too long to disclose the lack of evidence it argues is crucial to its case.

  • February 9, 2018

    Spokeo Derails $580K Deal In Pet Store Receipt Row

    A Florida federal judge who previously gave initial approval to a $580,000 deal to resolve claims that Pet Supermarket Inc. printed too many credit card digits on receipts on Thursday axed the settlement and tossed the suit, citing several recent rulings that found that nearly identical privacy claims in other suits failed to meet the Spokeo standing bar.

  • February 9, 2018

    Real Estate Rumors: Google, SunTrust, Fla. Community Bank

    Google is reportedly taking another 70,000 square feet of office space at Pier 57 in New York, SunTrust Bank is said to have led a group of lenders that provided a $150 million loan for a Florida mall expansion project, and Florida Community Bank has reportedly loaned $10.6 million for a recent Florida multifamily purchase.

  • February 9, 2018

    Health Hires: Ropes, Brown Rudnick, Mallinckrodt, DLA Piper

    A wealth of health care and life sciences attorneys have been on the move lately, with new additions being welcomed at Ropes & Gray LLP, Brown Rudnick LLP, Mallinckrodt PLC, DLA Piper, Katten Muchin Rosenman LLP, Nelson Hardiman LLP, Holland & Knight LLP, Foley & Lardner LLP, Loeb & Loeb LLP and Dykema Cox Smith.

  • February 9, 2018

    DHS Agent Gets 3 Years For Taking Bribe From Cartel Member

    A special agent for the U.S. Department of Homeland Security who admitted to taking "cash, drinks, dinners and prostitutes" from a Colombian cocaine supplier in exchange for scuttling the case against him was sentenced to three years in prison by a Florida federal judge on Friday.

  • February 9, 2018

    Train Conductor's Widow Sues Amtrak, CSX Over Fatal Crash

    The widow of an Amtrak train conductor who died in a Feb. 4 crash sued Jacksonville, Florida-based CSX and Amtrak on Thursday for failing to warn the crew of a disabled signal and switch that led the passenger train to crash into a stationary CSX freight train.

  • February 9, 2018

    Records Clinched Amputee’s $109M Win In Surgery-Error Trial

    After six years in a nursing home, three trials and two hung juries, persistence paid off for Lisa-Maria Carter and her lawyers as they secured a potentially record-setting $109 million decision last month in Florida state court over a botched surgery that led to the loss of her hands and feet and half of her abdomen.

  • February 9, 2018

    SEC Seeks Contempt For Accused Woodbridge Ponzi Boss

    Securities and Exchange Commission attorneys sought a contempt of court finding against accused fraudster Robert H. Shapiro late Wednesday, saying in a federal district court motion that Shapiro failed to comply with an order to disclose family trust assets and accounts under his control.

  • February 8, 2018

    Asset Freeze Denied For Alleged $2B Cryptocurrency Scam

    A Florida federal judge on Thursday rejected a request for a temporary restraining order to freeze the assets of cryptocurrency trading organization BitConnect and several promoters, saying investors who sued hadn’t adequately shown that possibly more than $2 billion was in danger of being stolen.

  • February 8, 2018

    Maritime Co. Loses Bid For $2.5M Antitrust Case Coverage

    An AIG unit does not have to pay the $2.5 million Crowley Maritime Corp. spent defending an executive from antitrust allegations, a Florida federal court said Thursday, finding Crowley is stuck in a legal “Catch-22” that leaves it unable to use new information to unlock previously denied coverage.

  • February 8, 2018

    Gunster Continues Hiring Run With Elections Law Partner

    Florida law firm Gunster has bolstered its elections and ethics law offerings by bringing on Robert H. Fernandez, a leader in the field in south Florida, as a shareholder in its Miami office.

  • February 8, 2018

    MD's Knowledge Of Risks Bars Hernia Patch Defect Claims

    The Eleventh Circuit on Wednesday affirmed a lower court's dismissal of a lawsuit alleging a hernia patch made by Davol and C.R. Bard was defective, saying the attending physician's knowledge of risks associated with the product thwarted the injured patient's “failure-to-warn” claim.

  • February 8, 2018

    Fla. Cops Had Right To Nab Predator Suspect, 11th Circ. Says

    A federal appeals panel has backed up a Florida federal court’s ruling clearing three police officials of liability in a false arrest suit filed by a man nabbed in an undercover sting operation targeting sexual predators, finding that the officers acted with probable cause.

  • February 8, 2018

    Fla. Bill Would Let Gov. Appoint Administrative Law Judges

    A committee of Florida's House of Representatives passed a proposal Wednesday that would change the way administrative law judges are appointed, a move that would give the governor more control over the process.

  • February 8, 2018

    11th Circ. Revives Defibrillator Failure Claims Against Zoll

    The Eleventh Circuit on Thursday revived the bulk of a suit alleging a faulty external defibrillator made by Zoll Services LLC failed to shock a woman’s heart after detecting a problem, saying that a lower court erred in finding her husband's claims were preempted by federal law.

  • February 8, 2018

    Accused Ponzi Leader Seeks End To SEC’s $1B Asset Freeze

    Accused Ponzi scheme architect Robert H. Shapiro asked a Florida federal judge late Wednesday to lift or modify a U.S. Securities and Exchange Commission freeze on some $1 billion in assets under his control, citing limitations in a recent U.S. Supreme Court ruling and calling the lock-up excessive.

  • February 8, 2018

    Fla. Court OKs Toss Of Engle Cases Filed For Dead Plaintiffs

    A Florida appeals court on Thursday said a lower court was right to toss several dozen Engle progeny suits filed by two law firms on behalf of smokers that “had been dead for many years,” just months after a panel of federal judges fined the same firms $9.1 million for filing nearly identical zombie suits.

  • February 8, 2018

    Ex-Federal Prosecutors Join Baker Donelson's Fla. Office

    Baker Donelson Bearman Caldwell & Berkowitz PC has hired two criminal defense attorneys from Dobson Davis & Smith and from Messer Caparello PA whose experience includes defending executives of Vanguard Fire and Casualty Co. in an alleged $20 million fraud suit.

  • February 8, 2018

    Receiver Can Reinvest Funds From Fraud-Wracked EB-5 Deal

    A Florida federal judge has agreed to allow the court-appointed receiver for the failed Jay Peak EB-5 investment project to sink up to $67 million of immigrant investors’ money into a New York-based project that could give investors a chance to still get their green cards.

Expert Analysis

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.

  • Lessons For Data Breach Lawyers From Product Liability

    Michael Ruttinger

    Lawyers in data breach litigation can learn from their contemporaries in more established fields such as product liability, where the law has developed well-established approaches to many of the same issues that will arise in the merits stage of data breach cases, says Michael Ruttinger of Tucker Ellis LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.

  • Fla. Case Points To Speculative Nature Of Asbestos Claims

    Corey Lapin

    Last month, a Florida appeals court erased a sizable verdict against Bechtel Corporation for a worker's asbestos exposure decades ago. The court found that the jury should never have considered claims against the defendant because of the plaintiffs’ insufficient evidence. The case highlights the lack of clear causation in many asbestos claims, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Lessons On Atty Fee Recovery In Stay Violation Litigation

    Jeremy Retherford

    Through its recent opinion in Mantiply v. Horne, the Eleventh Circuit joins the Ninth and Fifth Circuits in finding that legal fees incurred by a debtor beyond those necessary to stop a stay violation may be recovered, bringing a number of takeaways for both creditor and debtor lawyers, say Jeremy Retherford and Jonathan Grayson of Balch & Bingham LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.