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Florida
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June 07, 2024
Real Estate Authority: EPA's Brownfield Funding Surge
Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.
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June 07, 2024
Fla. Urges Judge To Reconsider Block Of Immigration Law
Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.
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June 07, 2024
LIHTC Developer Asks 11th Circ. To Undo Investor Takeover
A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.
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June 07, 2024
Conn. Judge Pushes State For Proof In $11M Kickback Case
The Connecticut state judge presiding over an $11 million false claims and kickbacks case against a compounding pharmacy appeared unconvinced Friday that the defendants submitted false claims for payment, peppering the government's counsel with requests to support assertions with case law and evidence that was put on at trial.
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June 07, 2024
11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation
A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
11th Circ. Passes On Atlanta Court Officer's Bias Battle
The Eleventh Circuit won't revive a discrimination suit filed by a former security officer in Atlanta's federal courthouse who says he faced homophobic harassment and was assaulted by another officer while on the job, a three-judge panel said Thursday.
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June 07, 2024
Miami Official Can't Shake Zoning Abuse Claims
A Miami commissioner can't escape allegations that he and other city officials conspired to sabotage local businesses with zoning and safety laws after a pair of business owners backed the commissioner's opponent in a 2017 election, a Florida federal judge ruled.
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June 07, 2024
Fla. Builder's Former In-House Atty Beats DQ Bid In Firing Suit
A Florida federal judge has rejected a development company's bid to disqualify the Boatman Ricci law firm from representing the company's former in-house counsel in his wrongful termination lawsuit.
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June 07, 2024
Shein's Pursuit Of London IPO Proves US-China Rift Persists
Online fashion giant Shein's expected pivot to London rather than the United States for its initial public offering — triggered by persistent tensions between China and the U.S. — will be closely watched by IPO prospects mulling where to list their shares in a dicey geopolitical climate, experts say.
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June 06, 2024
Ex-Telemundo Worker Urges Panel To Revive Harassment Suit
A former Telemundo advertising executive urged an Eleventh Circuit panel Thursday to reverse a lower court's ruling to dismiss her sexual harassment lawsuit against the company, saying she sufficiently alleged a hostile work environment after reporting sexual harassment by her supervisors.
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June 06, 2024
Chronic Care Co. To Pay $14.9M To End DOJ False Claims Suit
A provider of chronic disease management services across several states has reached a $14.9 million settlement with the U.S. Department of Justice, resolving a False Claims Act suit alleging it defrauded Medicare and Medicaid by "upcoding" healthcare claims.
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June 06, 2024
11th Circ. Won't Revive State Farm Auto Policy Coverage Fight
The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."
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June 06, 2024
SEC Sued For Info On Text Message Sweeps
The American Securities Association sued the U.S. Securities and Exchange Commission in Florida federal court on Thursday, pushing for the disclosure of evidence it says could shed light on how the regulator came to impose billions of dollars' worth of fines against firms whose employees communicate business-related information over unmonitored texting and chat apps.
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June 06, 2024
Victims Say Chiquita Paramilitary Payments Weren't Extortion
Attorneys for the families of people killed by right-wing paramilitaries in Colombia's banana-producing region asked jurors Thursday for an amount totaling tens of millions of dollars in damages as they closed out their Florida federal case against Chiquita, arguing the company willingly funded paramilitary groups.
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June 06, 2024
Navy Denied IT Worker Promotions For Race, 11th Circ. Told
A Florida-based Navy information technology worker urged the Eleventh Circuit in a hearing Thursday to reverse a lower court's decision to toss his discrimination lawsuit, saying he was passed over for promotion because he was Hispanic and older than other candidates despite being the best qualified.
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June 06, 2024
Trump Media SPAC Sponsor Must Post Bond In Chancery Row
Dissenting members of the LLC sponsor for the blank check company that took Trump Media & Technology Group public in March must post a hefty 10% security for potential losses on more than 1.5 million shares — now trading at $46 — snarled in a sponsor control dispute.
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June 06, 2024
Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor
State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.
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June 06, 2024
Flaster Greenberg Launches Sports Law Practice Group
Less than two months after launching an art law practice, East Coast firm Flaster Greenberg PC has opened a sports law practice group with a particular focus on women's sports.
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June 05, 2024
Bank Shareholders Say Venezuelan Takeover Cost Them $27M
Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.
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June 05, 2024
Wells Fargo Sued For Allegedly Aiding $300M Ponzi Scheme
Wells Fargo Bank NA has been hit with a proposed class action in Florida federal court alleging that it aided and abetted a $300 million Ponzi scheme that duped more than 1,000 investors, most of whom were elderly and lost substantial life savings due to the scheme.
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June 05, 2024
Fla. High Court Told Immunity Doesn't Bar UF COVID-19 Suit
A University of Florida student on Wednesday urged the state's high court to revive his lawsuit over cancellation of on-campus services during the COVID-19 pandemic, arguing that sovereign immunity doesn't bar his breach-of-contract claim against the college.
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June 05, 2024
Paddle Co. Misrepresented Pickleball Products, Suit Says
The makers of the Joola brand, a major name in table tennis, falsely advertised many of their pickleball paddles, including some bearing athlete Ben Johns' name, as approved for tournament play in order to rapidly gain market share in the sport, according to a proposed class action filed in Florida federal court Wednesday seeking at least $5 million.
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June 05, 2024
Hertz Hit With Shareholder Suit Over Costs Tied To EVs
Car rental giant Hertz Global Holdings Inc. and two Hertz executives are facing a proposed investor class action in Florida federal court alleging the company hurt investors by overhyping demand for electric cars only later to announce a nearly $200 million hit to earnings as it worked to offload electric vehicles.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Navigating Harassment Complaints From Trans Employees
The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Parsing Insurance Issues After Mass Shooting 'Occurrences'
A Florida district court’s recent decision in Tony v. Evanston Insurance, which held that the 2018 Parkland High School mass shooting was a single "occurrence" under the town's commercial general liability policy, sheds light on how other courts may make this determination following other mass shooting events, says Elan Kandel at Bailey Cavalieri.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.