• March 9, 2018

    UBS Missed The Boat On Arbitration In Whistleblower Suit

    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.

  • March 9, 2018

    Eye Doc Convicted Of Medicare Fraud Wants Bond, New Trial

    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.

  • March 8, 2018

    Judge Denies SEC's Request To Reopen $4.7M Fraud Case

    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.”

  • March 8, 2018

    11th Circ. Upholds Yale Doc's Fee Award In Defamation Suit

    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.

  • March 8, 2018

    Wells Fargo Cleared In Drug Dealer Trust Fund Fight

    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.

  • March 8, 2018

    Real Estate Rumors: Matt Cohler, Publix, KTB

    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.

  • March 8, 2018

    PBGC Paid Out $5.6B In Main Pension Program Last Year

    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.

  • March 8, 2018

    11th Circ. Urged To Rethink CFTC Award In Metals Fraud

    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.

  • March 8, 2018

    Fla. High Court Adopts Bar Rules On Atty Referral Services

    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.

  • March 8, 2018

    Fla. Supreme Court Elects New Chief Justice

    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.

  • March 8, 2018

    Sears Sells Boots That Step On 'Aspen' TM, Suit Says

    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.

  • March 8, 2018

    Drivers Defend Scope Of Nissan Faulty-Transmission Suit

    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.

  • March 8, 2018

    Buchanan Ingersoll Adds 4 Ex-Barnett Bolt Attys In Tampa

    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.

  • March 7, 2018

    DC Circ. Gives FERC More Time To Redo Pipeline Review

    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.

  • March 7, 2018

    One Sexual Advance Is Enough, Court Finds In Retaliation Suit

    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.

  • March 7, 2018

    $145M Atlantic Coast Bank Sale Targeted In Shareholder Suit

    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.

  • March 7, 2018

    11th Circ. Affirms $7.5M Tobacco Award In Engle Progeny Suit

    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.

  • March 7, 2018

    Italian Shipbuilder Can't Be Dragged To Fla. Court, Panel Says

    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.

  • March 7, 2018

    BP Dodges Yucatan's Fla. Law Claims Over Deepwater Horizon

    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.

  • March 7, 2018

    Walmart, Collection Firm Face Class Cert. In TCPA Suit

    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.

Expert Analysis

  • 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.

  • How The Climate Changed For Renewables In 2017

    Brook Detterman

    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.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    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.

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    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.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    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.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    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.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    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.