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Florida
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March 04, 2024
11th Circ. Keeps Fla.'s Workplace Bias Training Law On Ice
The Eleventh Circuit on Monday refused to let Florida start enforcing a law that prevents employers from requiring workers to attend diversity trainings that promote various sex- and race-based concepts, rejecting the Sunshine State's assertion that it was regulating conduct, not speech.
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March 04, 2024
Trial Of Ex-Stimwave CEO Over Medical Device Nears End
Prosecutors on Monday urged a Manhattan federal jury to convict the former CEO of Stimwave Technologies for hawking a medical device for chronic pain sufferers with a bogus component designed to drive up billings, while defense counsel derided a lack of evidence to support the government's claims.
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March 04, 2024
11th Circ. Says Broker Can't Collect Fees In Copyright Case
The Eleventh Circuit has ruled that a Florida real estate broker cannot collect attorney fees incurred for defending himself from a copyright infringement suit by an aerial photography company because the broker was not a prevailing party once the photography company voluntarily dismissed the case.
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March 04, 2024
LifeWallet Settles With Insurers, Enhancing Claims Process
Healthcare reimbursement venture MSP Recovery, which does business as LifeWallet, has announced a deal with 28 affiliated property and casualty insurers that would settle unreimbursed Medicare claims and provide historical data to streamline the process of resolving such claims in the future.
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March 04, 2024
L3Harris Agrees To Pay $650K To Wrap 401(k) Class Action
Defense contractor L3Harris will pay $650,000 to end a class action accusing it of running afoul of federal benefits law by saddling retirement plan participants with high fees and expensive investment options, according to a Florida federal court filing.
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March 04, 2024
Trump's Former Finance Chief Pleads Guilty To Perjury
Allen Weisselberg, the longtime former financial chief of Donald Trump's real estate business empire, admitted Monday to lying under oath in the New York attorney general's civil fraud case as part of a plea deal to serve five months in jail.
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March 01, 2024
J&J's Talc Lit The Spark For Doctor's Fatal Cancer, Jury Told
Johnson & Johnson's baby powder was the 'spark' that caused the cancer that killed a Miami anesthesiologist, an attorney for her widower told jurors Friday as he urged them to punish the company for hiding the product's cancer links from consumers.
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March 01, 2024
Trump Challenges Origins Of Prosecution In Fla. Docs Case
The special counsel's office prosecuting Donald Trump's criminal case on mishandling classified documents told the Florida federal judge overseeing the case on Friday that his attorneys don't have a viable claim challenging the origins of the prosecution team, arguing that intelligence agencies had no role in determining the charges against the former president.
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March 01, 2024
4 Argument Sessions Benefits Attys Should Watch In March
The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.
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March 01, 2024
11th Circ. Revives Alabama Life Insurance Class Action
An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.
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March 01, 2024
Applebee's Atty's 'Mega-Blunder' Warrants Retrial, Court Says
A Florida appellate panel said Friday that counsel for an Applebee's restaurant made an improper closing statement characterized by one panelist as a "mega-blunder," warranting a retrial of an injury suit accusing the restaurant of causing a customer's slip-and-fall injuries.
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March 01, 2024
Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air
A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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March 01, 2024
Fla. Officials Say Better Process Wouldn't Stop Medicaid Cuts
Florida health officials have urged a federal judge to toss a proposed class action brought by residents who argued state agencies cut their Medicaid coverage without proper notice, saying whatever notice the agencies might have provided, it wouldn't have made any difference in the residents' eligibility.
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March 01, 2024
Construction Co. Loses $492M Corps Deal Protest
The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.
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March 01, 2024
Judge Pauses Sale Of Miami Official's Home In $63.5M Case
A Florida magistrate judge on Friday paused the sale of a Miami city commissioner's house and ordered briefing on whether his homestead exemption claim — which would shield the property from being used to satisfy a $63.5 million judgment — is legitimate.
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March 01, 2024
Thoma Bravo Ups Everbridge Deal Size By $300M, To $1.8B
Cooley LLP-advised software company Everbridge said Friday that Kirkland & Ellis LLP-led Thoma Bravo has agreed to up its proposed acquisition of Everbridge to $35 per share from $28.60, boosting Everbridge's implied value on the transaction from $1.5 billion to $1.8 billion and sending its stock soaring an additional 25%.
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March 01, 2024
Fla. Judge Resigns Amid Ethics Charges Over Ex Parte Chat
A Florida state judge has resigned, ending an ethics case triggered by his allegedly biased ex parte comments to a prosecutor following a Zoom hearing in August.
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March 01, 2024
DeSantis Blasts Ousted Florida Atty's Bid To Speed Up Appeal
Florida Gov. Ron DeSantis pushed back Friday against an ousted prosecutor's request that the Eleventh Circuit expedite consideration of the governor's petition for a rehearing en banc with respect to a decision reviving the attorney's lawsuit against DeSantis, saying the case has "sweeping implications" for the state.
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March 01, 2024
Conn. AG Tells Lawmakers To Ban MV Realty's 'Scam Deals'
Connecticut's attorney general urged state lawmakers to protect vulnerable homeowners by passing legislation banning a business model used by MV Realty to rack up thousands in junk fees on people who sign their 40-year exclusive listing agreements.
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March 01, 2024
Day Care Says Policy Covers $21.6M Infant Death Judgment
A day care is urging a Florida federal court to reject its insurer's bid for an early win in a coverage dispute concerning a $21.6 million judgment over an infant's death, saying there are disputed issues of fact about whether the policy was canceled by the insured before the incident.
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February 29, 2024
Trump Says 'Fair' Docs Case Trial Must Happen After Election
Donald Trump on Thursday asked a Florida federal court not to schedule a trial in the criminal classified documents case against him until after this year's presidential election, arguing that a fair trial "cannot be conducted this year in a manner consistent with the Constitution."
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February 29, 2024
DeSantis Signs Bill Releasing Epstein Grand Jury Docs
Florida Gov. Ron DeSantis on Thursday signed a bill that expands the exceptions for grand jury secrecy, paving the way for the release later this year of the 2006 grand jury investigation into serial sex offender Jeffrey Epstein.
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February 29, 2024
Atty Not Bound By Settlements In Fla. Breach Of Contract Suit
A Florida appellate panel on Thursday reversed a lower court ruling that a Mississippi attorney violated agreements prohibiting him from publicly disparaging parties and disseminating filings in prior cases, saying he wasn't obligated to follow the settlements despite the parties' intentions of having them apply to him.
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February 29, 2024
State Farm Must Face Bad Faith Claims In $3M Crash Row
A Florida appeals court on Wednesday clarified a prior ruling reviving bad faith claims against State Farm for rejecting an offer to settle a car crash injury suit that led to a $3 million verdict, saying the insurer could still have acted in bad faith in handling the settlement offer even if it had no obligation to accept it.
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February 29, 2024
Ex-US Diplomat To Plead Guilty To Spying For Cuba
A diplomat who served on the National Security Council during the Clinton administration and as U.S. ambassador to Bolivia told a Florida federal judge Thursday that he intends to plead guilty to charges he secretly acted as an agent of the Cuban government for decades.
Expert Analysis
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Tips On Workplace DEI Efforts In A Changing Legal Landscape
Amid years of political debates about diversity, equity, inclusion and accessibility efforts in the workplace, and increased state legislation in this area, employers can still explore ways to engage in DEIA training and initiatives without creating unnecessary legal risks, say attorneys at Husch Blackwell.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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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.