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Florida

  • December 4, 2018

    Fla. Bar Escapes Traffic Ticket Startup's Antitrust Suit

    A Florida federal judge on Tuesday dismissed traffic ticket services startup TIKD's multimillion-dollar antitrust suit claiming the Florida Bar conspired with a law firm to try to put it out of business.

  • December 4, 2018

    Royal Caribbean Destroyed Storm Video, Audio: Passengers

    Passengers suing Royal Caribbean Cruises Ltd. in Florida federal court accused the cruise line on Monday of hiding or destroying video and audio recordings that would be valuable evidence in their proposed class action over injuries they allegedly suffered on a cruise that got caught in a hurricane-strength storm.

  • December 4, 2018

    11th Circ. Revives Suit Over Protein Powder Labels

    Hi-Tech Pharmaceuticals Inc. will get another shot at rival supplement maker HBS International Corp. over the allegedly misleading labeling on its HexaPro protein powder mix, after the Eleventh Circuit on Tuesday reversed the dismissal of Hi-Tech's Lanham Act claims.

  • December 4, 2018

    Enviros Say Feds' Deepwater Horizon Review Delay Unlawful

    Three conservation groups suing the U.S. Fish and Wildlife Service and the National Marine Fisheries Service over a post-Deepwater Horizon disaster assessment of the effects of oil and gas drilling in the Gulf of Mexico on endangered species asked a Florida federal court Monday to rule that the agencies’ eight-year delay violates federal law.

  • December 4, 2018

    Real Estate Rumors: KLA Elementary, S3 Capital, Toys R Us

    KLA Elementary has reportedly landed an $18.72 million loan for a Miami school project, S3 Capital is said to have loaned $75 million for a Bronx multifamily project and a store in Florida formerly occupied by bankrupt retailer Toys R Us has reportedly sold for $6.5 million.

  • December 4, 2018

    Alleged HIPAA Lapses Spark $500K Deal With Fla. Doc Group

    A Florida physician contractor has agreed to settle possible Health Insurance Portability and Accountability Act violations stemming from the disclosure of more than 9,000 patients' health information to a third-party company without making sure certain protections were in place, the U.S. Department of Health and Human Services announced Tuesday.

  • December 4, 2018

    Fla. Sheriff Detained US Citizen On ICE Request, Suit Says

    A U.S. citizen was mistaken for an unauthorized immigrant and held in jail by a Florida sheriff’s office past his release date for a probation violation to comply with an immigration detainer issued against him by U.S. Immigration and Customs Enforcement, a lawsuit filed Monday in federal court alleges.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Epstein Ducks Victim Testimony With Eve-Of-Trial Settlement

    Convicted billionaire sex offender Jeffrey Epstein on Tuesday settled a dispute with the attorney who represented his teenage victims, avoiding a trial that was to have featured testimony from the women.

  • December 4, 2018

    Carlton Fields Picks Up K&L Gates Litigator In Miami

    Carlton Fields said Monday it has added a K&L Gates LLP trial lawyer as a shareholder in its business litigation and white collar crime practice groups in Miami.

  • December 3, 2018

    SEC Seeks Quick Win On Parts Of General Cable Fraud Suit

    The U.S. Securities and Exchange Commission asked a Florida federal judge for a quick victory on portions of its suit against a former General Cable Corp. executive for allegedly concealing nearly $47 million in accounting errors, but the onetime chief financial officer countered by calling for dismissal of the entire case.

  • December 3, 2018

    Fla. Hospital Seeks Sanctions Over Deleted Facebook Profile

    Lee Memorial Health System said Monday that a patient claiming she was sexually assaulted by a nurse at the Florida hospital should be sanctioned for deleting her Facebook profile during litigation, spoiling evidence the hospital says could have been used in its defense.

  • December 3, 2018

    Fla. Judge Recommends Trimming Pharmacy FCA Suit

    A Florida magistrate judge has recommended trimming a False Claims Act suit accusing a compounding pharmacy and its private equity fund owner of running a $68 million kickback scheme involving medically unnecessary prescriptions for Tricare beneficiaries.

  • December 3, 2018

    Real Estate Rumors: Dave & Buster's, Fla. Land Deal, Midtown

    Dave & Buster's is reportedly eyeing a move to 40,000 square feet in a Chicago mall, 3.2 acres of Florida land that could support a movie theater as well as retail and residential space has traded hands for $23.5 million, and a Midtown Equities venture is said to have landed a $124 million loan for a New York City building.

  • December 3, 2018

    Walmart, 3 Pharma Cos. Sued Over Tainted Combo Drug

    Walmart and three pharmaceutical companies were hit with a proposed class action in Florida federal court Saturday alleging they contributed to the production and sale of contaminated batches of a drug used to treat high blood pressure and diabetes.

  • December 3, 2018

    11th Circ. Orders Closer Look At Child’s Move To US

    The Eleventh Circuit ordered a lower court Friday to further investigate whether a green card holder and her ex-boyfriend had mutually agreed to change their daughter’s residency from Colombia to the U.S. as required by the Hague Convention, a key factor in whether the child can stay in the country with her mother.

  • December 3, 2018

    Miami Man To Remain Jailed For Trial In $1B Medicare Fraud

    A Miami businessman who has been jailed for nearly two and a half years on charges of carrying out a $1 billion health care fraud must remain in custody through his trial early next year, a Florida federal judge ruled Monday, finding no violation of his due process rights.

  • December 3, 2018

    Pantera Founder, Others Win Guitar Infringement Suit

    The estate of late Pantera founder and guitarist “Dimebag” Darrell Abbott has won a copyright suit filed against it by an instrument designer alleging that the estate and a guitar production company failed to pay him after continuing to sell guitars that infringed a design he had created for the late musician, with a Florida federal judge finding most of the designer’s claims were brought too late.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    VW Defeats Drivers' Bid To Revive Suspension Defect Claims

    Volkswagen Group of America Inc. won its bid to deny a reconsideration request from drivers attempting to revive breach of express warranty claims in a proposed class action alleging it sold CC model sedans with suspension defects in Florida federal court.

Expert Analysis

  • 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.

  • How Florida's Proposed Amendments Would Affect Taxpayers

    French Brown

    On the Nov. 6 ballot, three of the 12 proposed Florida Constitution amendments deal directly with taxation. French Brown of Dean Mead Egerton Bloodworth Capouano & Bozarth PA discusses the background and potential fiscal repercussions of Amendments One, Two and Five.

  • Florida Supreme Court Aims To Expand Bad Faith Standards

    Rory Eric Jurman

    The Florida Supreme Court's recent decision in Geico v. Harvey is part of an ever-expanding trend to create a negligence standard against insurers, seemingly turning a blind eye to the myriad of sophisticated bad faith setup schemes, say Rory Jurman and Vanessa Alvarez of Fowler White Burnett PA.

  • Emerging Trends In State And Local Equal Pay Efforts

    Brian Murphy

    In the face of relative inaction by the federal government, state and local governments are increasingly combating the gender pay gap with various legislative efforts. Employers must be cognizant not only of laws existing in their jurisdictions, but also of those in others, say Brian Murphy and Jonathan Stoler of Sheppard Mullin Richter & Hampton LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A State Of Flux For Derivative Actions In Florida

    Andrew Polenberg

    While the Florida Revised Limited Liability Company Act allows LLC members to bring a derivative action without first making a demand, the same cannot be said of the Florida Business Corporation Act. And a recent proposal to amend the FBCA doesn't do enough to create a uniform demand futility rule, says Andrew Polenberg of Becker & Poliakoff PA.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.