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Florida
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April 14, 2025
Suit Claims Fume Vapes Mislead With 5% Nicotine Labels
A New York woman is suing Florida-based QR Joy Inc. in federal court, alleging that it misleads consumers by labeling its Fume vaping products as 5% nicotine, tricking them into thinking that is a low amount when it is more than the amount in a combustible cigarette.
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April 11, 2025
Patent Exec Hasn't Yet Proven Defamation In Baker Botts Case
A Florida federal judge held Friday that it's too early to rule in favor of a patent licensing company executive accusing a Baker Botts LLP attorney of defamation, ruling that there are still "material facts in dispute."
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April 11, 2025
Martial Arts Org., CEO Agree To Pay SEC More Than $1M
Xtreme Fighting Championships Inc. and its CEO have agreed to pay the U.S. Securities and Exchange Commission more than $1 million to resolve allegations that the executive and the martial arts organization raked in millions of dollars through illegal stock sales, according to proposed final judgments.
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
Investors Claim $43M Fraud By Miami Adviser's Firms
More than three dozen investors have sued the companies connected to a former financial adviser in Miami state court over claims of fraud, alleging he squandered nearly $43 million to enrich himself and fund a Ponzi-like scheme.
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April 11, 2025
Permit Suit Can't Sidestep ICE's Immunity, GEO Group Says
GEO Group Inc. told a New Jersey federal judge that the city of Newark's lawsuit aiming to block development of an immigration detention facility over permitting and inspections can't proceed without naming U.S. Immigration and Customs Enforcement as a defendant.
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April 11, 2025
Attorney Owners Of Pot Co. Accused Of $46M RICO Scheme
A Florida-based real estate lender is suing two attorneys with civil rights law firm Loevy & Loevy in New York federal court, alleging they engaged in racketeering in connection with more than $46 million in loans intended to fund cannabis facilities they own in Pennsylvania and New Jersey.
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April 11, 2025
Fla. Pharmacy Pleads Guilty To Fraud Over Opioid OD Drug
A Florida-based pharmacy has agreed to plead guilty to healthcare fraud and to pay more than $1 million to settle civil claims it submitted false authorizations for an expensive opioid overdose treatment to federal insurers.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Miami Art Dealer Arrested, Accused Of Selling Fake Warhols
A Miami art dealer was charged in Florida federal court for allegedly selling fake Andy Warhol artwork to his gallery clients, the U.S. Attorney's Office for the Southern District of Florida announced Thursday.
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April 11, 2025
WWE Fan Ends Suit Over Pyrotechnics Hearing Loss
A Florida man who sued World Wrestling Entertainment alleging negligence over sustaining hearing loss after pyrotechnics went off next to him during a Friday Night Smackdown event in Orlando has dismissed his federal lawsuit on Friday after reaching a settlement, Connecticut federal court records show.
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April 11, 2025
Fla. Federal Judge To Lead Judiciary Research Center
U.S. District Judge Robin L. Rosenberg of the Southern District of Florida will be the next director of the federal judiciary's research center, Chief Justice John Roberts announced Thursday.
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April 11, 2025
Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
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April 11, 2025
Carlton Fields Class Action Ace Jumps To Stinson In Tampa
Stinson LLP has expanded its class action capabilities in Tampa, Florida, with a new partner from Carlton Fields.
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April 10, 2025
Fla. Trainer Jockeys For Temporary Halt To Horseracing Law
A Florida equestrian trainer Thursday urged a federal court to temporarily halt the enforcement of a law regulating horse racing safety, arguing that delegating oversight authority to a private corporation is unconstitutional although a judge declined to immediately rule and instead sought clarity on the issue of immunity.
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April 10, 2025
Insurance Agency Accuses Former Exec Of Poaching Clients
A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.
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April 10, 2025
11th Circ. Says 'Bombshell' Producer Stuck With $19M Verdict
The Eleventh Circuit on Thursday backed a Florida jury's $19 million-plus verdict against a Canadian film producer known for the movie "Bombshell" over an investor's claims the producer defrauded him out of millions of dollars meant to fund several TV productions.
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April 10, 2025
Prominent Jan. 6 Prosecutor Leaves Kobre & Kim
Michael Sherwin, a former U.S. Department of Justice prosecutor who suggested that the insurrectionists of Jan. 6, 2021, could be charged with sedition, has left disputes and investigations firm Kobre & Kim after four years with the firm.
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April 10, 2025
Fla. Judge Won't Revisit 'Let's Go Brandon' Coin Class Cert.
A Florida federal judge won't reconsider his partial certification of a class of purchasers of meme-inspired cryptocurrency LGBCoin in a suit alleging the price of the tokens cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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April 10, 2025
Carlton Fields Beats DQ Bid In Fla. $500M Miss America Suit
A Florida federal judge denied a bid to disqualify Carlton Fields in a $500 million lawsuit over the ownership of the company that runs the Miss America pageant, saying such a remedy is extraordinary, and that the allegations are "scattered and speculative."
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April 09, 2025
Shaq's $11M Deal With NFT Investors Gets Judge's Final OK
Hall of Fame basketball player Shaquille O'Neal and the creators of the Astrals nonfungible token project have received a judge's final approval of an $11 million deal to resolve a proposed securities class action with buyers of the tokens that O'Neal allegedly promoted.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.
In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.