Florida

  • November 27, 2017

    Airline Says Miami Airport 'Exit Fees' Suit Lacks Standing

    Venezuelan airline Avior Airlines CA asked a Florida federal judge Monday to toss a proposed class action claiming it forced passengers to pay surprise “exit fees” that weren’t mentioned in their ticket contracts before boarding flights at Miami International Airport, saying the plaintiffs lack standing to sue.

  • November 27, 2017

    Health Care Providers Seek Win In Geico Payment Dispute

    A class of health care providers suing Geico over under-reimbursement of their services asked a Florida federal judge Wednesday for a judgment on their one narrow claim after she determined that the contract is vague and must be construed against the insurer.

  • November 27, 2017

    Real Estate Rumors: Balfour Pacific, Keith Urban, IMC

    Balfour Pacific Capital has picked up a pair of office buildings in Itasca, Illinois, for $78.3 million, Crain's Chicago Business reported on Monday. The deal is for the 15-story 500 Park Blvd. and 16-story One Pierce Place, which are 85 and 88 percent leased, respectively, Crain's said. The buildings last traded hands in 2011 for $74 million, according to the report.

  • November 27, 2017

    Cobra Continues Push To Toss Revised $18M Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA continued its push to vacate an award in favor of an Italian engineering and construction firm, telling a Florida federal court Friday that the decision by the International Chamber of Commerce’s arbitration court to reduce the initial $23 million award by more than $5 million does not remove the alleged deficiencies in how it was determined.

  • November 27, 2017

    Ex-WellCare GC Gets 6 Months For Medicaid Fraud Scheme

    A Florida federal judge sentenced Former WellCare Health Plans Inc. general counsel Thaddeus M.S. Bereday to six months in prison and fined him $50,000 after he previously pled guilty to participating in a Medicaid fraud scheme, the U.S. Department of Justice announced.

  • November 27, 2017

    UBS Whistleblower Claim Paused Ahead Of High Court Ruling

    A New Jersey federal judge cited an anticipated U.S. Supreme Court decision in holding off on ruling Monday on whether a former UBS Financial Services Inc. executive can pursue a Dodd-Frank Act claim against the company, but said the whistleblower action could at least proceed under a Florida statute.

  • November 27, 2017

    Argentine Media Co. Dodges Soccer TV Rights Suit Again

    A Florida federal judge on Monday declined again to reverse the dismissal of an Argentine sports media rights company from a bribery and antitrust lawsuit against Fox Sports units over broadcast rights for South American soccer tournaments, calling the allegations of the company's participation “extremely vague.”

  • November 22, 2017

    Fla. Panel Reinstates Full $1.5M Verdict For Smoker's Widow

    A smoker's widow will receive the full $1.5 million that a jury awarded in her wrongful death suit against Philip Morris and R.J. Reynolds, as a Florida appeals court said Wednesday the tobacco companies waived rights to a comparative fault reduction by repeatedly telling jurors there would be none.

  • November 22, 2017

    Advanced Disposal Completes $151M Secondary Offering

    Solid waste company Advanced Disposal Services Inc. said Tuesday it has completed an underwritten secondary offering of its stock, allowing affiliates of infrastructure-focused private equity firm Highstar Capital and Brazilian financial firm BTG Pactual to cash in on their stakes in the company to the tune of $151 million.

  • November 22, 2017

    GOP Tax Plan Could Spur More Int'l Investment In South Fla.

    The Republican tax plan currently making its way through Congress could be a mixed bag for South Florida, according to experts who say the corporate tax cut could boost international investment, while a provision reducing the credit for renovating landmark buildings could hit the area's historic districts hard.

  • November 22, 2017

    Florida Sued For Dragging Feet On Medical Pot Licenses

    A plant nursery and a man who has epilepsy have filed suit alleging it’s high time for the Florida Department of Health to comply with a state constitutional amendment requiring it to license more medical marijuana treatment centers, saying the agency’s refusal to do so is depriving patients of necessary medication.

  • November 22, 2017

    Cities And States Brace For Loss Of SALT Deductions

    As the work of reforming the federal tax code took a temporary timeout for Thanksgiving, opponents of legislation that would fully or partly eliminate deductions for state and local taxes didn’t let up in their fight, despite increasingly long odds they would succeed in changing lawmakers' minds when they return from their break.

  • November 22, 2017

    Add 4 New Judges, Cut 13 County Seats: Fla. High Court

    The Florida Supreme Court on Wednesday issued its annual opinion on the need for new state court judges, calling for two new judges in circuit courts and two more in county courts but also for the decertification of another 13 county court judgeships, based on its analysis and lower courts' requests.

  • November 22, 2017

    VW Can't Duck Suspension Defect Suit After New Claim Filed

    A Florida federal judge on Tuesday denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

  • November 22, 2017

    Fla. Woman Gets 6.5 Years, Owes $45M For Medicare Fraud

    A Florida woman who was accused of a $45 million Medicare fraud received a six-and-a-half-year prison sentence Tuesday following a U.S. Supreme Court decision in her case last year holding that the government could not freeze untainted assets.

  • November 22, 2017

    Fla. High Court Ruling May Ease Path For Med Mal Suits

    The Florida Supreme Court’s recent decision to sink certain requirements for medical malpractice plaintiffs before they sue will make it easier for patients to bring such cases and shut the door on coordination between accused doctors and other physicians who treated a patient, plaintiffs attorneys say.

  • November 22, 2017

    Real Estate Rumors: P3 Investments, Diamond Sinacori, Swire

    Florida developer P3 Investments has reportedly sold a development site for $20.5 million, Boston developer Diamond Sinacori is said to have purchased and subsequently sold a property in Duxbury, Massachusetts, and Swire has reportedly leased space in Miami to Interaudi Bank and KPMG.

  • November 21, 2017

    Fla. Hospital Faces FCA Suit Over Alleged Referral Scheme

    A whistleblower is calling out Naples Community Hospital Inc. in Florida federal court for allegedly orchestrating an illegal kickback scheme with physicians who offered patient referrals resulting in millions of fraudulently obtained dollars from Medicare and Medicaid.

  • November 21, 2017

    NY Atty Seeks To Avoid Jail For Pump-And-Dump Scheme

    A New York attorney who pled guilty in August to playing a role in a pump-and-dump scheme urged a Florida federal judge Monday not to send him to jail, saying his crime was inexcusable but “an aberration in an otherwise exceptionally upstanding life.”

  • November 21, 2017

    Gov't Sued Over Fla. Birth That Cost Baby Use Of Her Arm

    The mother of a baby who sustained a permanent arm injury during birth sued the federal government for medical malpractice in Florida federal court, after a public hospital doctor allegedly neglected to deliver the baby via caesarian section.

Expert Analysis

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • 4 Employer Concerns During And After Natural Disasters

    Shira Yoshor

    It seems natural disasters have dominated the news in the past month, and employers have to know how far they must go to help during these difficult times. Questions about payment of wages, the Family and Medical Leave Act, accommodation for stress, and disaster-related health issues are just a few of the concerns employers must confront in the face of a storm or other major disruptive event, says Shira Yoshor of Greenberg Traurig LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Exploring Insurance Recovery Paths After Major Disasters

    Rukesh Korde

    While many businesses understandably focus on their traditional coverages, first-party property insurance policies sold to commercial policyholders often contain common extensions that may provide additional paths to recovery for storm losses from Harvey and Irma, say Rukesh Korde and Teresa Lewi of Covington & Burling LLP.

  • Lessons Learned: Storm-Proofing Community Associations

    Donna DiMaggio Berger

    The very active 2017 hurricane season has underscored the need for community associations in states like Florida to have the right plans, to continually refine those plans and to learn from their mistakes, says Donna DiMaggio Berger of Becker & Poliakoff PA.

  • Is An Assault On The Flood Exclusion Coming?

    Randy Maniloff

    There will be plenty of similarities between Katrina insurance claims and those arising from Harvey and Irma. This time around, however, expect to see arguments made that the Insurance Services Office’s 2011 amendments to the flood exclusion, contained in the organization’s homeowner’s policies, affect certain claims, says Randy Maniloff of White and Williams LLP.

  • Storm-Damaged Businesses Need Environmental 'Baselines'

    Kevin Daehnke

    What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.