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Florida

  • July 17, 2018

    Fla. Gov. Wants Suit Over Blind Trusts Barred

    Florida Gov. Rick Scott asked an appeals court Tuesday to block a lower court from considering a Tallahassee attorney’s suit challenging the governor’s financial disclosures, arguing that the state’s ethics commission has exclusive jurisdiction over the matter.

  • July 17, 2018

    Investor Claims LaCroix Maker Hid Bogus Data, Harrassment

    National Beverage Corp., the manufacturer of LaCroix sparkling water and other brands, was hit with a putative stock-drop class action in Florida federal court on Tuesday relating to the firm's alleged hyping of bogus analytics numbers and the sexual harassment allegations against its top executive.

  • July 17, 2018

    Gaming Cos. Urge Fla. Court To Find 'Pre-Reveal' Slots Legal

    Purveyors of so-called pre-reveal gaming machines argued before a Florida appeals court Tuesday that the devices should not be covered by a state law restricting slot machines, in a case that could carry major implications for gambling in the state.

  • July 17, 2018

    Insurers Don't Owe Apt. In Carbon Monoxide Suit, Judge Says

    Colony Insurance Co. and another insurer don’t have to cover a wrongful death suit against an apartment complex where two people died in their sleep from carbon monoxide poisoning, thanks to a “total pollution exclusion,” a Florida federal judge said Tuesday.

  • July 17, 2018

    Former Fla. Judge Rejoins International Arbitration Panel

    A retired Florida judge with expertise in construction law has resumed her membership on the national roster of arbitrators and mediators for the American Arbitration Association's International Centre for Dispute Resolution, the organization said Monday.

  • July 17, 2018

    Greenberg Traurig Founder, 93, Dies In Miami

    Robert Traurig, one of three co-founders of global law firm Greenberg Traurig LLP and the architect of Miami’s land-use laws, died Tuesday in Miami at the age of 93, according to the firm.

  • July 17, 2018

    Amazon Seeks To End FCRA Suits With $5M In Gift Cards

    A proposed nationwide class of 454,000 job applicants urged a Florida federal court to preliminarily approve Amazon.com Inc.’s $5 million deal under which the applicants would receive an Amazon gift card to resolve claims the e-commerce giant conducted consumer background checks that violated the Fair Credit Reporting Act.

  • July 17, 2018

    Whistleblower Asks 11th Circ. To Revive $350M FCA Award

    A former nursing home company employee has urged the Eleventh Circuit to reverse a lower court decision tossing a $350 million False Claims Act verdict — among the biggest in FCA history — saying the judge wrongly concluded that the improper Medicare and Medicaid claims were immaterial.

  • July 17, 2018

    Fla. Jury Awards $3M In Punitive Damages In Smoking Death

    Philip Morris and R.J. Reynolds were hit with a total of almost $3 million in punitive damages on Monday in the case of a deceased Florida woman who had smoked for decades, including at work in medical settings, bringing the total award in the case to over $5 million.

  • July 17, 2018

    Real Estate Rumors: Altman, JP Morgan, Dock Studios

    Altman Cos. is reportedly buying a Miami church and hoping to tear it down and build apartments at the site, a J.P. Morgan venture has reportedly sold a Chicago-area warehouse for $71.5 million, and Dock Studios is said to be leasing 18,000 square feet in Brooklyn.

  • July 16, 2018

    Hair Care Product Maker Sued Over 'Nightmare' Side Effects

    A Michigan woman accused Florida-based hair care product manufacturer Monat Global Corp. of knowingly failing to disclose potentially harmful side effects of its “naturally based” products, including scalp irritation and hair loss, in a putative class action filed Friday in Miami.

  • July 16, 2018

    Whistleblower Attys Get $4M In Fees In Humana FCA Suit

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to award a whistleblower more than $4 million in litigation expenses for a closely watched False Claims Act case that resulted in a $3 million settlement with Humana, a South Florida health care provider and its owner over alleged Medicare Part C fraud.

  • July 16, 2018

    11th Circ. Reverses VA's Quick Win In Pharmacist's Suit

    An Eleventh Circuit panel on Monday revived a pharmacist’s Title VII gender discrimination claim against the Department of Veterans Affairs because a trial court applied too strict a test but reluctantly affirmed judgment tossing her age bias and retaliation claims.

  • July 16, 2018

    Real Estate Rumors: Fla. Retail Center, Cove, Think Hotel

    A Florida Planet Fitness retail center has reportedly traded hands for $11.5 million, a Cove Property landlord venture is said to have renewed leases with two New York law firm tenants and Think Hotel Group is said to have scored $22 million in financing for a Florida hotel.

  • July 16, 2018

    Hard Rock Cafe Must Repay Hotel Co.’s Fees To End TM Suit

    A Florida federal judge on Monday said she would only allow Hard Rock Cafe Inc. to drop a failed trademark lawsuit against a startup called RockStar Hotels Inc. if the hospitality giant repaid a portion of the smaller company’s legal bills.

  • July 16, 2018

    Weather Forecast Co. Fending Off Suit Over Sunken Ship

    A Florida federal judge on Monday gave insurers one more shot at amending their suit accusing weather forecasting system provider StormGeo Corp. of being liable for the 2015 sinking of the cargo ship El Faro, which left its 33 crew members dead and all the vessel's cargo destroyed.

  • July 16, 2018

    Ford Agrees To $300M Deal To Exit Takata Air Bag MDL

    Ford Motor Co. on Monday agreed to a $299.1 million deal that allows the company to exit multidistrict litigation over defective Takata Corp. air bags and accelerates the removal of dangerous air bag inflators from 6 million affected vehicles.

  • July 16, 2018

    Airbnb Can't Use Free Speech To Get Fla. Sublease Suit Axed

    A Miami-Dade County judge has denied a bid by Airbnb Inc. to toss a lawsuit brought by an apartment owner over allegedly unauthorized subleases that allow tenants to illicitly offer apartments for short-term rent, ruling that the home-sharing website is not absolutely immune under the Communications Decency Act.

  • July 16, 2018

    Pa. Court Rules Workers Can't Sue Fla.-Based CSX In Philly

    A Pennsylvania court on Friday ruled that railroad workers from Kentucky and Maryland can't sue their Florida-based employer CSX Transportation Inc. in Philadelphia, challenging the notion that the Federal Employers' Liability Act lets plaintiffs pick any venue.

  • July 13, 2018

    M&A 'Disclosure Settlements' Face Stricter Review In Fla.

    A Florida appeals court on Friday adopted a stricter standard for review of so-called disclosure settlements that was originally crafted by the Delaware Court of Chancery in an attempt to curb litigation abuse through these deals, which have contributed to an explosion in shareholder litigation over mergers and acquisitions.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • The 1st Judicial Finding That Digital Tokens Are Securities

    Deborah Meshulam

    A Florida magistrate judge's finding last month that tokens issued and sold by technology startup Centra Tech are investment contracts could serve as a road map for the evaluation of token sales in other cases, say attorneys with DLA Piper.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.