Florida

  • March 11, 2024

    Souped-Up Mustangs Overheated After 10 Min., Fla. Jury Told

    A group of drivers suing Ford Motor Co. told a Florida federal jury on Monday that the carmaker misled them on the high-performance capabilities of the 2016 Shelby GT350 Mustangs they purchased, saying that the vehicles overheated after about 10 minutes of racing them on a track.

  • March 11, 2024

    Walmart Fails To Sink Feds' Opioid Crisis Lawsuit

    A Delaware federal judge on Monday kept alive a government lawsuit accusing Walmart of fueling the nation's opioid crisis, ruling that the company could be held liable for filling illegitimate prescriptions its compliance officers allegedly failed to flag for unwitting pharmacists.

  • March 11, 2024

    FTC, 10 States Sue 'Sham' Women's Cancer Fund

    The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.

  • March 11, 2024

    Trump Wants NY Trial Paused As Justices Weigh Immunity

    Donald Trump asked a New York judge to pause his hush-money case to await a U.S. Supreme Court ruling in a separate case on whether he is shielded from criminal charges by presidential immunity.

  • March 11, 2024

    DLA Piper Adds Cooley Atty To Co-Lead Capital Markets Team

    DLA Piper announced Monday it has added a former Cooley LLP partner with deep experience working with life sciences clients and in cross-border transactions to co-lead the firm's capital markets and public company advisory practice group.

  • March 11, 2024

    Fla. Voters To Decide On Homestead Exemption Increase

    Florida will have voters decide on a November ballot measure whether to create a constitutional amendment to index the homestead exemption to inflation under a joint resolution passed by state lawmakers.

  • March 11, 2024

    Fla. Tax Law Firm Fights Class Cert. In Wisconsin Fraud Row

    A Florida-based tax law firm has asked a Wisconsin federal judge to trim a proposed class action fraud suit launched by former customers claiming the firm solicited fees without performing work.

  • March 11, 2024

    Split 11th Circ. Won't Revive Doctor's Equal Pay Suit

    A split Eleventh Circuit panel backed the dismissal of a female obstetrician's suit claiming a hospital gave a male doctor better opportunities to earn bonus pay, saying the medical center put forward enough proof showing the male doctor's experience justified the difference.

  • March 11, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.

  • March 11, 2024

    Insurance Worker Wants Full 11th Circ. Rethink In ADA Suit

    A former insurance worker urged the full Eleventh Circuit to rethink the company's win in her lawsuit accusing the business of abruptly firing her to sidestep healthcare costs related to her multiple sclerosis, saying there's evidence her disability played a role in her termination.

  • March 08, 2024

    Feds Slam Trump's Immunity Bid In Classified Docs Case

    The Special Counsel's Office has taken aim at former President Donald Trump's various attempts to dodge criminal allegations in Florida that he mishandled classified documents, in particular criticizing his "frivolous" presidential immunity argument as nothing more than a delay tactic.

  • March 08, 2024

    Real Estate Authority: SEC Climate Regs, State Of The Union

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on key news from this week by state — as well as how President Joe Biden aims to improve affordable housing and what the U.S. Securities and Exchange Commission's new climate rule means for public real estate companies.

  • March 08, 2024

    Split NC High Court Reopens Embattled Realty Firm

    The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.

  • March 08, 2024

    Patent Case Over Air Conditioners For Boat Use Sinks At ITC

    The U.S. International Trade Commission has decided that a Swedish manufacturer of air conditioners for use on boats doesn't have a patent case against a handful of rivals based in Florida and China after all.

  • March 08, 2024

    Feds Win Houseboat Obstruction Suit Against Fla. Man

    The federal government scored a win in Florida federal court in its suit alleging former financial trader and self-described activist Fane Lozman's "floating home" is a structure that obstructs a navigable waterway, with the judge finding there is no genuine dispute that Lozman violated the Rivers and Harbors Appropriation Act.

  • March 08, 2024

    WaPo Scores Exit In Trump Media's $3.8B Defamation Suit

    A Florida federal judge on Friday tossed a $3.8 billion defamation lawsuit by former President Donald Trump's social media startup but gave the company another shot at supporting its claims that the Washington Post acted with malice in its reporting accusing the startup of securities fraud.

  • March 08, 2024

    Misspent Pandemic Loan Cash Gets Fla. Man Prison Time

    A Florida federal judge sentenced a 39-year-old Miami man to nearly six years in prison after he admitted to receiving $4.4 million in loans meant to help businesses during the COVID-19 pandemic and spending the cash on diamond-studded gold jewelry and luxury automobiles, court records show.

  • March 08, 2024

    SEC Crypto Target Can't Send Securities Query To 11th Circ.

    A Florida federal judge has declined to send the question of whether crypto transactions on public exchanges are securities to the Eleventh Circuit after rejecting a bid to toss a securities enforcement case against an alleged $37 million cryptocurrency pump-and-dump scheme.

  • March 08, 2024

    Experian Biased Jury In Credit Reporting Suit, 11th Circ. Told

    An attorney for a Florida resident who sued Experian alleging it inaccurately reported a discharged mortgage in his credit history told the Eleventh Circuit on Friday that a lower court judge allowed the company to introduce improper evidence at trial, arguing it caused jurors to deliver an unfavorable verdict against her client.

  • March 08, 2024

    IRS Leaker Should Be Deposed Without All Docs, Judge Says

    Attorneys for a hedge fund executive should question the former IRS contractor who admitted to stealing the tax returns of him and others, even though the IRS hasn't finished producing evidence in the case seeking to hold the agency responsible for the leak, a Florida federal judge said Friday.

  • March 08, 2024

    Green Groups Want Fla. CWA Permitting Back With Feds

    Conservation groups that successfully challenged the U.S. government's approval of Florida's Clean Water Act permitting program have told a federal judge that the Sunshine State's bid to retain some permitting authority in the meantime would only cause confusion and fail to safeguard endangered species.

  • March 08, 2024

    11th Circ. Declines To Hear Building Defect Coverage Dispute

    It's too early to determine whether a Florida federal court erred in its coverage determinations in a long-running construction defect insurance dispute, the Eleventh Circuit has ruled, finding that the "purported final judgment here does not dispose of all claims against all parties."

  • March 08, 2024

    Migrant Parole Program Survives GOP States' Challenge

    A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.

  • March 08, 2024

    Fla. Atty Suspended Over Bogus Cases After Possible AI Use

    A Florida federal judge on Friday suspended an attorney from practicing law in the Middle District of Florida for one year after he fabricated cases listed on court documents, saying they may have resulted from his use of artificial intelligence.

  • March 08, 2024

    Cybersecurity Co. Promotes Attys To GC, Chief People Officer

    Florida-based cybersecurity company ReliaQuest announced it has promoted two of its in-house attorneys to general counsel and chief people officer.

Expert Analysis

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • How The Fla. AG Is Impeding Recreational Marijuana

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    Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.

  • Fla. Foreign Real Estate Law Brings Broad Investment Risks

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    Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • State Laws Could Complicate Employer Pandemic Protocols

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    If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.

  • After Warhol, The High Court Must Clarify Copyright Damages

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    Following the U.S. Supreme Court's recent decision in Warhol v. Goldsmith, a circuit split over the Copyright Act's statute of limitations provision demonstrates a clear need for the court to decide whether the act imposes a lookback period on copyright infringement claims brought under the discovery rule, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

  • How Fla. Amendment Changes The State's Mini-TCPA

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    Gov. Ron Desantis recently signed amendments that will roll back Florida's mini-Telephone Consumer Protection Act by getting rid of the capacious definition of an autodialer, leaving the courts to sort out where the lines fall in Florida Telephone Solicitation Act litigation, says Aaron Weiss at Carlton Fields.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • As Subchapter V's Popularity Rises, So Do Its Boundaries

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    Recent data and bankruptcy court rulings give greater context to Subchapter V’s popularity, but also show how courts continue to interpret its provisions to establish limits and contours, such as the sequence of filing for affiliate debtors, say Jack O’Connor and Heidi Hockberger at Levenfeld Pearlstein.

  • Takeaways From New Fla. Pharmacy Benefit Manager Rules

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    A recently passed Florida law imposes several new requirements on pharmacy benefit managers, necessitating practical considerations that range from potential license application delays to possible trade secret exposure, say Thomas Range and Bruce Platt at Akerman.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • Trafficking Ruling Offers Liability Lessons For Hospitality Cos.

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    A California federal court recently dismissed a lawsuit accusing several national hotel chains of knowingly benefiting from sex trafficking at their premises, highlighting how hospitality leaders can protect their guests and staff, and shield their companies from liability and reputational damage, says Danielle Dudai at Hall Booth.

  • Dissecting The Case Law On Automaker Arbitration Provisions

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    As automakers increasingly turn to arbitration agreements for trimming and defending putative class action lawsuits, there are five factors driving courts' disparate outcomes when resolving an automaker's motion to compel arbitration, say Ellisse Thompson and Brandon Boxler at Klein Thomas.

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