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Florida
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February 26, 2024
Feds, Fla. Oppose Sharing Power In Clean Water Act Program
The federal government and Florida are now fighting over how much power each should get after a D.C. federal judge struck down the U.S. Environmental Protection Agency's decision to approve the Sunshine State's bid to assume authority over a key Clean Water Act permitting program.
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February 26, 2024
Clement, Prelogar Odd Bedfellows In Social Media Showdown
After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.
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February 26, 2024
11th Circ. Says Bankruptcy Fraud Threat Can't Tank Deal
The Eleventh Circuit ruled Monday that coupon marketing agency Valpak's alleged threat to report a franchisee for bankruptcy fraud was not extortion and refused to set aside the settlement that ended the franchisee's suit accusing Valpak of wrongfully terminating their agreement.
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February 26, 2024
Justices Say Social Media Speech Laws Pose 'Land Mines'
The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.
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February 26, 2024
Disney Sued Over Woman's Death From Allergen-Filled Meal
A New York man whose wife died of an allergic reaction after eating at an Irish restaurant at Walt Disney World is suing both the restaurant and Walt Disney Parks and Resorts for negligence, asserting they were repeatedly assured that the food they were served was free of allergens.
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February 26, 2024
Fla. Official Can't Save Home From Verdict, Businessmen Say
Two Miami businessmen have urged a federal judge to block a city commissioner's attempt to prevent the forced sale of his house to satisfy a $63.5 million judgment, saying he voted to unconstitutionally gerrymander the city's districts to include the property and also improperly claimed a last-minute homestead protection.
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February 26, 2024
Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit
Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.
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February 26, 2024
Stimwave Prosecutors Accused Of Brady Violation Mid-Trial
The former CEO of Stimwave Technologies has alleged in the middle of her criminal fraud trial that the Manhattan U.S. Attorney's Office withheld key evidence about proffer meetings, teeing up a potential Brady fight before a skeptical judge.
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February 26, 2024
6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info
A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.
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February 26, 2024
GOP States, Groups Back Texas In Rio Grande Barrier Fight
Republican-led states and conservative groups have filed briefs supporting Texas in its legal fight with the Biden administration over the 1,000-foot anti-migrant barrier in the Rio Grande, echoing the Lone Star State's argument that it has a constitutional right to defend itself from an "invasion" of migrants from Mexico.
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February 26, 2024
Prosecutors Ask NC Justices To Enforce Ban On MV Realty
Prosecutors told the North Carolina Supreme Court on Monday that MV Realty is trying to dodge the state's efforts to put it out of business, first with a bankruptcy filing and then by asking the court last week to overturn a decision blocking the company's operations in the state.
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February 26, 2024
Fla. Men Receive Probation In Sweepstakes Fraud Scheme
Two men accused of defrauding elderly people of millions of dollars in a sweepstakes scheme were sentenced to probation Monday in Florida federal court, more than a month after each pled guilty to a wire fraud charge that they were previously convicted of, but had vacated due to prosecutorial misconduct.
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February 26, 2024
Cole Scott Fights DQ Bid In Fla. Over Atty's Prior Work
Cole Scott & Kissane PA has told a Florida federal court that the firm should not be disqualified from defending a car wreck lawsuit because a partner's representation of the plaintiff in a prior personal injury lawsuit involved a completely unrelated vehicle accident.
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February 26, 2024
Manhattan DA Seeks Trump Gag Order For Hush Money Trial
The Manhattan District Attorney's Office has asked a New York state judge to limit what Donald Trump can say publicly about the upcoming hush money trial against him, referencing Trump's history of intimidating and harassing witnesses, jurors, attorneys and court staff.
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February 26, 2024
Feds Say Fla. Atty Can't Undo COVID Relief Fraud Conviction
A U.S. attorney's office has pushed back on a Florida lawyer's bid to vacate her conviction in Georgia federal court of conspiring to defraud a coronavirus pandemic relief program, saying the government doesn't have to prove she was "behind the keyboard" when the applications were submitted to be convicted of the charges.
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February 26, 2024
Voters Fight DeSantis' Bid To End Prosecutor Suspension Suit
Two voters are urging a Florida federal judge not to throw out their suit challenging Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, saying the case brings "plausible claims" of "egregious and norm-breaking constitutional violations" by the governor.
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February 26, 2024
Fla. Judge Admits To Ethics Claims For Lengthy Case Backlog
A Florida state judge whose backlog of pending judgments stretched more than two years has agreed to a public reprimand, expressing "regret that his actions have tarnished the judiciary, created hardships for the litigants' awaiting rulings, and potentially damaged the public's perception of an effective judicial system."
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February 24, 2024
Up Next At High Court: Social Media Laws & Bump Stocks
The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.
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February 23, 2024
Heartland Payment Fights Cert. Bid In School Lunch Card Suit
Payment processor Heartland Payment Systems LLC has asked a Florida federal judge to deny class certification to Heartland customers alleging the company hit them with unfair surcharges when they loaded lunch money onto school-sponsored payment cards used by their kids.
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February 23, 2024
State Farm Alleges Health Co. Violated Deal To Drop 366 Suits
Two State Farm units are accusing an automobile accident-focused healthcare center of wrongly pursuing 366 lawsuits against the insurer despite a settlement agreement State Farm said requires the facility to drop those suits.
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February 23, 2024
Fla. Suit Says AP Helped Terrorists During Oct. 7 Attack
A group of people who were present during the Oct. 7 attack in Israel have brought a Florida federal lawsuit against The Associated Press, alleging that the news organization aided terrorists during the incident by using coverage from freelance journalists connected to Hamas.
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February 23, 2024
Fla. Judge Orders 'Front' Company To Pay Back Investors
The U.S. Securities and Exchange Commission and a company that it says was a secret "front" for a convicted fraudster reached a deal Friday in Florida federal court with the parties agreeing that investors would have the opportunity to get more than $4 million of their money back.
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February 23, 2024
MV Realty Asks NC Justices To Stay Injunction Pending Appeal
MV Realty is defending the enforceability of a series of agreements with more than 2,000 North Carolina homeowners — asking the state's Supreme Court to overturn a trial judge's injunction finding the company likely couldn't beat claims that the deals were truly predatory, high-interest loans.
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February 23, 2024
Trump-Tied SPAC Adds NY Fraud Judgment To Risk Factors
Digital World Acquisition Corp., which is seeking to merge with Donald Trump's social media company, has included a new warning for investors in a regulatory filing following the former president's $453.5 million fraud penalty in New York state court.
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February 23, 2024
Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card
A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.
Expert Analysis
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9th Circ. Contractor Vax Ruling Widens Presidential Authority
In reversing an injunction against President Joe Biden's federal contractor vaccine mandate, the Ninth Circuit creates a circuit split on presidential authority, and breathes new life into the administration's attempts to implement government contract policies that are unlikely to pass in Congress, says Richard Arnholt at Bass Berry.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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The Power Of Product Warranties In TM Suits Over Resales
In recent cases, trademark owners have successfully used product warranty coverage as a material difference exception to defeat unauthorized resellers who claim they are protected by the first sale doctrine — but the application of the exception may be less clear than courts assume, say Leigh Taggart and David Roulo at Honigman.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Series
Prosecutor Pointers: Open A Trial With Dramatic Storytelling
As today’s jurors expect Jack McCoy-style district attorneys and “CSI” forensics, prosecutors should embrace the role of storyteller during opening statements with vivid sensory descriptions and a bit of drama — while also mitigating negative information, tempering preconceived notions and building trust, says Florida state prosecutor Justin Griffis.
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5 Tips For Filing Gov't Notices After Insurance Producer M&A
As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Pending Campaign Finance Ruling May Alter Nonprofit Activity
The Eleventh Circuit's upcoming New Georgia Project v. Carr decision, over whether Georgia's state campaign finance laws violate the First Amendment, could harbor nationwide effects for state registration and reporting requirements for nonprofits participating in political activity, resulting in less supervision of these entities, say Andrew Herman and Michelle McClafferty at Lawrence & Bundy.