A bid by UBS Financial Services Inc. to force a former executive’s whistleblower claims into arbitration is too little, too late, a New Jersey federal judge said Thursday, finding the arbitration agreements were valid but UBS waited an inordinate amount of time to try and enforce them.
Dr. Salomon E. Melgen, a Florida ophthalmologist who gained notoriety as a co-defendant with U.S. Sen. Robert Menendez in an unsuccessful bribery case, asked Thursday for bond pending the appeal of his conviction on charges of Medicare fraud and said he should get a new trial because of new evidence that has emerged since his trial.
A Florida federal judge on Thursday denied the U.S. Securities and Exchange Commission's request to reopen a case to add defendants as it pursues collection of a $4.7 million judgment against a former Texas racetrack executive, citing “undue delay.”
The Eleventh Circuit on Thursday affirmed an attorneys’ fee award to a Yale neurologist who beat back a defamation suit brought by a doctor he’d called a quack, ruling that the suit falls under the “exceptional case” standard for awarding attorneys’ fees under the Lanham Act.
Wells Fargo can exit a suit brought by children of a man who had been identified by the government as a drug dealer, which claims the bank reneged on its obligations to protect assets in their trust fund from being turned over to victims of terrorism, a Florida federal judge ruled Thursday, saying Wells Fargo acted within its contractual rights.
Benchmark Capital partner Matt Cohler is said to be buying a New York duplex that had been listed for $35 million, Publix has reportedly bought a Florida shopping center for $15.74 million, and KTB Asset Management is said to have sourced $82 million in financing for a hotel in London.
The Pension Benefit Guaranty Corp. said on Wednesday that it paid out $5.6 billion in retiree benefits to about 868,000 people who are part of its single-employer program in 2017, numbers that stayed near previous years’ levels.
Two Florida-based precious metals trading companies and their CEO want rehearing of their appeal of a judgment for the U.S. Commodity Futures Trading Commission, saying an Eleventh Circuit panel upheld $1.5 million of the original $2.1 million damages award based on a mischaracterization of the transactions.
The Florida Supreme Court adopted a rule change Thursday that broadens the definition of attorney referral services to bring directories and other online companies into the regulatory fold, but ordered the Florida Bar to come back with another amendment to address concerns about entities that refer clients to not just attorneys but other professional services as well.
Justice Charles T. Canady has been elected chief justice of the Florida Supreme Court and will preside over the state court system through mid-2020, the court revealed Thursday.
A firm that licenses the use of the “Aspen” trademark on apparel sued retailer Sears and a shoe manufacturer Thursday in Florida federal court, claiming the two companies are infringing the name by selling an “Aspen” boot at Sears’ department stores and via the internet.
Alabama and Florida residents and business owners suing Nissan North America Inc. over transmission problems in thousands of its vehicles defended the scope of their proposed class action Wednesday, telling an Alabama federal judge that the car maker shouldn’t be allowed to duck their breach of warranty claims.
Buchanan Ingersoll & Rooney PC has hired four attorneys from Barnett Bolt Kirkwood Long & Koche PA for its Tampa, Florida, office as the law firm broadens its practice areas in the state and the nation.
The D.C. Circuit on Wednesday gave the Federal Energy Regulatory Commission more time to finish redoing its approval of a $3.5 billion interstate natural gas project in the South, preventing the pipelines at issue from potentially ceasing operations.
A Florida state appeals court ruled Wednesday that a supervisor's one-time sexual advance can meet requirements to pursue a retaliation claim under Florida law, in a ruling that called for a new trial in a police dispatcher's suit claiming a local police chief lashed out after she declined his advances.
An Atlantic Coast Financial Corp. shareholder has filed a putative class action in Florida federal court seeking to block a $145 million acquisition of the Southeastern bank by Ameris Bancorp, arguing that a recently filed statement on the transaction omitted key information, in violation of securities laws.
The Eleventh Circuit on Wednesday affirmed a $7.5 million jury verdict against R.J. Reynolds, Philip Morris and Lorillard for a smoker suffering from chronic obstructive pulmonary disorder, ruling that the district court did not err in its instructions to the jury or in failing to declare a mistrial after a medical incident in the courtroom.
A Florida appeals court held Wednesday that a lower court erred by saying it had jurisdiction over an Italian shipbuilder facing litigation stemming from injuries a Canadian cruise performer sustained while on board one of its ships, holding that the company doesn’t have sufficient ties to the Sunshine State.
A Louisiana federal judge Tuesday tossed the Mexican state of Yucatan’s lawsuit against BP, Transocean and Halliburton over the 2010 Deepwater Horizon oil spill, finding the state’s claims under Florida’s Oil Pollution Act of 1990 were preempted by federal law.
A consumer asked a Florida federal court Tuesday to certify a class of cellphone owners whom a Walmart-hired law firm allegedly bombarded with collection calls intended for other people, contending that the individuals are united by common questions regarding the Telephone Consumer Protection Act claims.
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.
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.
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.
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.
2017 ended, as it began, with much uncertainty for renewable energy, as the Trump administration continued to move against the Clean Power Plan. But key renewable energy objectives advanced at the state level, and tax reform left the production tax credit for wind energy and the investment tax credit for solar developers intact, says Brook Detterman of Beveridge & Diamond PC.
While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.
A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.
In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.
Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.