Florida

  • March 27, 2024

    ​​​​​​​CSX Can't End DOL's Improper Retirement Plan Fee Suit

    A Florida federal judge backed a magistrate judge's recommendation Wednesday that the court knock down CSX Transportation Inc.'s bid to dismiss a suit alleging it mismanaged its retirement plan fees, discarding the company's concerns that the report made improper legal conclusions.

  • March 27, 2024

    Backers Of Trump-Tied SPAC Sue To Confirm Manager Purge

    Investors behind the sponsor of the special-purpose acquisition company that took Donald Trump's Truth Social public sued its managing member, seeking a declaration from the Delaware Chancery Court that they have validly removed him from his post and that he has no authority to act on their behalf.

  • March 27, 2024

    On Deck In JPML: Baby Food, 23andMe Privacy, NCAA

    The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.

  • March 27, 2024

    Fla. Panel Reverses $43M Judgment In Tobacco Suit

    Florida's Third District Court of Appeal on Wednesday reversed a $43 million judgment against Philip Morris USA Inc. in a wrongful death case, issuing a split decision stating that hearsay testimony allowed during the trial wasn't offered to prove that the female decedent believed filtered cigarettes were safe.

  • March 27, 2024

    Disney, Florida District Reach Agreement On Land Use Suit

    The Central Florida Tourism Oversight District on Wednesday approved a settlement with Disney in its lawsuit over two land use agreements the company signed with a predecessor district for property surrounding the Walt Disney World theme park.

  • March 27, 2024

    Kimco Sells 10 Shopping Centers For $248M After RPT Buy

    Real estate investment trust Kimco Realty said it has sold 10 open-air shopping centers it gained in an acquisition of RPT Realty earlier this year for a total of $248 million.

  • March 27, 2024

    11th Circ. Affirms Experian's Win In Credit Reporting Suit

    The Eleventh Circuit has determined a district court didn't err in evidentiary rulings in a case brought by a Florida resident against Experian Information Solutions Inc. alleging it inaccurately reported a discharged mortgage in his credit history, upholding a verdict in favor of the company.

  • March 27, 2024

    Insurer Ducks Coverage Of Florida Law Firm Dispute

    A personal injury law firm involved in a joint venture dispute has no insurance coverage for the litigation, a Florida federal judge has ruled, finding its policy only provided professional services liability, not anything else.

  • March 26, 2024

    11th Circ. Considers Reviving Urologist's Sex Bias Suit

    A urologist who alleged gender discrimination led to her removal from the University of Florida's urology department urged the Eleventh Circuit on Tuesday to overturn a district court decision freeing the university and two clinic doctors from claims levied against them in her sex bias suit.

  • March 26, 2024

    Texans Change Owners One Month After Son's Suit Dropped

    Daniel Calhoun "Cal" McNair, whose father, Bob, was co-founder and owner of the NFL's Houston Texans until his death in 2018, assumed ownership of the franchise Tuesday from his mother, Janice, following approval from his fellow team owners at their annual league meeting in Orlando.

  • March 26, 2024

    11th Circ. Affirms RaceTrac Win In Worker's FMLA Bias Fight

    A split Eleventh Circuit panel has upheld RaceTrac Petroleum's early win in a Family and Medical Leave Act lawsuit filed by a former engineer, finding she never medically certified her abrupt leave from the company, which itself had legitimate business reasons for eliminating her position shortly after she returned to work.

  • March 26, 2024

    Combat Arms Earplugs Settlement Moves To Final Resolution

    More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.

  • March 26, 2024

    MLS Team Owners Discriminate Under One Entity, Coach Says

    A Black coach has urged a New York federal court to not dismiss his race bias lawsuit against the MLS, saying he's suing the correct entity because the teams that he alleged discriminated against him are not independent and are members of one organization.

  • March 26, 2024

    Student Focused On Claims, Not Classes, 11th Circ. Suggests

    Two of three judges on an Eleventh Circuit panel raised doubts Tuesday that Atlanta's Morehouse School of Medicine had failed to accommodate a disabled student, suggesting the student had failed his classes not because of inadequate note-taking services, but because he was too busy preparing to sue the school.

  • March 26, 2024

    Pierson Ferdinand Lands Global Dispute Attys

    Pierson Ferdinand LLP, the breakaway law firm launched by former FisherBroyles LLP attorneys, has picked up a pair of partners experienced in international disputes who will be based in New York, Washington, D.C., and Miami.

  • March 26, 2024

    Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety

    The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.

  • March 26, 2024

    Golf Pro Out Of Bounds In Atty Fee Stay Bid, 11th Circ. Told

    Media companies have urged the Eleventh Circuit to reject pro golfer Patrick Reed's bid to block their award of attorney fees after defeating the player's defamation suit alleging that journalists' criticism of his recruitment to the Saudi-backed LIV Tour hurt his health and career.

  • March 25, 2024

    Florida Becomes Latest To Restrict Teens' Social Media Use

    Florida's governor signed legislation Monday that bans kids who are 13 and under from creating social media accounts and requires 14- and 15-year-olds to get their parents' permission before joining these sites, a move that comes as similar laws in other states are being struck down on constitutional grounds. 

  • March 25, 2024

    Truth Social To Start Trading With Performance Tied To Trump

    Shares of former President Donald Trump's nascent social media platform Truth Social are set to begin trading Tuesday, setting up a potentially volatile ride for an unprofitable company with scant revenue.

  • March 25, 2024

    Fla. Hospital Can't Avoid Suit Over Unexplained Fractures

    A Florida appeals court has revived a man's claims against a hospital over unexplained fractures he sustained while unconscious and recovering from a drug overdose, saying he can proceed on a theory that the injuries couldn't have happened without negligence.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Fla. Pharmacy Says It Was Cut From Federal PrEP Program

    A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.

  • March 25, 2024

    Atty Urges 11th Circ. To Revive Race Bias Suit Against Ga. Bar

    A Georgia attorney who is accusing the state bar of having an "apartheid disciplinary process" that discriminates against Black lawyers asked the Eleventh Circuit on Monday to revive her discrimination suit, saying the lower court erred when it found it didn't have jurisdiction in the case.

  • March 25, 2024

    Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.

    A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

Expert Analysis

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • Justices' Retrial Ruling Will Be Key In Complex Venue Cases

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    The U.S. Supreme Court’s recent Smith v. U.S. decision, holding that defendants first tried in an improper venue may be reprosecuted in a different jurisdiction, raises several issues for criminal cases involving complex venue questions, particularly those concerning the use of technology or products located in different districts, says Matthew Koerner at Perkins Coie.

  • Opinion

    Congress Should Pass Bipartisan Immigration Reform Bill

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    By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • What's Notable In Fla. Data Privacy Law Targeting Big Tech

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    The recently enacted Florida Digital Bill of Rights seems aimed at Google, Amazon and Apple, but service providers for these companies may still find themselves assisting with FDBR compliance and should be aware of the law's high applicability bar, exemptions and other requirements, say attorneys at Mintz.

  • Foreign Investment In Real Estate Is Getting More Complicated

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    Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Managing Public Pension Plans During An Election Cycle

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    With the 2024 elections fast approaching, investment advisers managing public pension plan assets must consider political contributions by their personnel in order to ensure compliance with the pay-to-play rule and other statutory, regulatory and contractual requirements, say attorneys at Dechert.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

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    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • How Courts Are Treating SEC Disgorgement 3 Years After Liu

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    Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.

  • Concerns Emerging On TM Cases Against Undisclosed Parties

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    There has been a dramatic increase in the number of cases filed by brands against hundreds of counterfeiters as undisclosed defendants, and given these suits' debatable success in curbing counterfeiting, courts and Congress could view them as a drain on judicial resources, say Bea Swedlow and David Roulo at Honigman.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Opinion

    2 Critical Shortfalls In Fla. Condo Safety Amendments

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    New amendments to Florida's Building Safety Act provide condominium associations with more flexibility to comply with inspection deadlines, but vaguely defined extension criteria and unambiguous lines of responsibility warrant further legislative action, say Jordan Isrow and Andrew Ingber at Government Law Group.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

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