Florida

  • April 28, 2017

    11th Circ. Backs Georgia 'Pill Mill' Doc's 20-Year Sentence

    The Eleventh Circuit on Thursday upheld a 20-year sentence for a doctor charged with 92 federal counts arising from his participation in two Georgia pain management clinics that purportedly operated as “pill mills,” saying he failed to prove error in the trial court's handling of the case.

  • April 28, 2017

    Appellate Ruling Upends Bad Faith Law, Fla. Justices Told

    Infinity Indemnity Insurance Co. on Thursday urged Florida's high court to review an appellate decision reviving a bad faith lawsuit brought by a victim of a car crash involving Infinity's policyholder, saying the ruling flouts precedent by erasing the requirement that an insurer's bad faith conduct exposes its insured to liability exceeding policy limits.

  • April 28, 2017

    Fla. Judge Won't Bar Sales Of Primo Shrimp In Contract Row

    A Florida federal judge Thursday denied Primo Broodstock Inc.'s request for an injunction barring a former shrimp farming facility partner from selling hybrid Primo shrimp, ruling that the genetic material in the shrimp is not confidential.

  • April 28, 2017

    Banking Giants Hit With Indirect Investors' Forex Rig Suit

    JPMorgan Chase & Co., Bank of America Corp. and several other major banks are facing yet another proposed class action for allegedly manipulating the foreign exchange market, after investors who indirectly bought the firms' products sued Friday.

  • April 28, 2017

    Jury Finds Fla. Eye Doctor Guilty Of Overbilling Medicare

    A Florida ophthalmologist linked to New Jersey Sen. Robert Menendez was found guilty Friday of overbilling Medicare by $32 million for unnecessary eye injections and other treatments.

  • April 28, 2017

    BoA Gets Reverse FCA Suit Slashed On 2nd Look

    A Florida federal judge changed her mind Thursday and tossed most of a whistleblower suit claiming Bank of America Corp. dodged up to $10 billion in fines by falsely promising the U.S. government that the bank would change its foreclosure practices.

  • April 28, 2017

    Ex-CFO 'Has No Remorse' For $300M Ponzi Scheme, Feds Say

    Federal prosecutors in Florida slammed a convicted real estate executive's bid for leniency Wednesday, saying that the onetime chief financial officer behind a $300 million Ponzi scheme "has no remorse" for his crimes, and reiterated their sentence recommendation for 93 years' imprisonment and hundreds of millions of dollars in restitution and fines.

  • April 28, 2017

    Real Estate Rumors: Thor, Samar Hospitality, Snap

    Thor Equities is reportedly trying to get out of a $42.5 million contract to buy a New York rental building, Samar Hospitality is said to have scored a $24 million loan for a Florida hotel project, and Snap Inc. is reportedly taking an additional 26,000 square feet of space from real estate investment trust Columbia Property in New York.

  • April 28, 2017

    Admiral Reaches Deal To Avoid Coverage In Med Mal Suit

    Admiral Insurance Co. has reached a quick settlement with a Florida medical center that it sued to avoid coverage of a medical malpractice lawsuit brought by the wife of a deceased patient, with the center agreeing that Admiral doesn’t have to defend or indemnify it in the underlying litigation.

  • April 28, 2017

    Fla. Judge Allows Takata MDL Plaintiffs To Serve BMW

    A Florida federal judge on Thursday adopted a special master's report allowing car owners pursuing economic loss claims against BMW AG in multidistrict litigation in Florida over potentially hazardous air bags manufactured by Takata Corp. to serve the German automaker with a suit via the company's U.S. counsel.

  • April 27, 2017

    CNN Video Data Win Leaves Spokeo Door Open For App Users

    The Eleventh Circuit on Thursday gave another boost to mobile apps' ability to skirt video privacy claims by nixing a proposed class action brought by a CNN app user, but its refusal to find that the U.S. Supreme Court's Spokeo ruling bars the allegations from being brought in the first place leaves subscription-based services vulnerable to litigation.

  • April 27, 2017

    11th Circ. Affirms $60M Tax Deficiency In Magnate's Estate

    The Eleventh Circuit on Thursday affirmed tax deficiencies of nearly $60 million against the estate of a former Pepsi products distributor and his revocable trust, saying that a loan to pay the estate’s tax liability was not a necessary expense.

  • April 27, 2017

    Fannie Investors Can't Revive Suit Against Deloitte

    A Florida federal judge on Thursday rejected a request by Fannie Mae shareholders to reconsider his decision to kill their lawsuit against Deloitte & Touche LLP, saying they waited too long to raise a new argument and cited irrelevant case law.

  • April 27, 2017

    Fla. Town Sues Neighbor Over Sand Traps, Beach Erosion

    The town of Hillsboro Beach, Florida, has filed a suit alleging its neighbor to the north, Deerfield Beach, is depriving Hillsboro of the natural flow of sand southward by placing barriers to trap its sand and costing Hillsboro millions for beach replenishment.

  • April 27, 2017

    Fla. Gov., AG Say State Atty's Removal Not Unconstitutional

    A Florida state prosecutor's claim that the governor's unilateral decision to remove her from 23 homicide cases was unconstitutional does not fit with six requests for reassignments she presented him this year, the governor and state attorney general told the Florida Supreme Court in their formal response Wednesday night.

  • April 27, 2017

    Ford's Call Centers Underpaid Employees, FLSA Suit Says

    A Florida woman who worked in a call center for Ford Motor Co. hit the automaker with a Fair Labor Standards Act collective action on Wednesday, claiming her employer misclassified her and others doing her job as exempt from overtime pay.

  • April 27, 2017

    Senate Approves Acosta As Trump's Labor Chief

    Law school dean Alexander Acosta, a former member of the U.S. Department of Justice and the National Labor Relations Board during the George W. Bush administration, was confirmed Thursday to serve as President Donald Trump’s secretary of labor.

  • April 27, 2017

    Co. Selling Adulterated Weight Loss Supplements, Buyers Say

    Dietary supplement maker IQ Formulations LLC used an unapproved ingredient in its weight loss supplements and then wrongly advertised its products as safe, in violation of Florida, New York and Illinois business laws, a potential class of customers alleged in Florida federal court Wednesday.

  • April 27, 2017

    CNN App User Isn’t CNN Subscriber, 11th Circ. Finds

    The Eleventh Circuit refused Thursday to revive a CNN app user’s litigation over alleged privacy violations, saying in a published decision that the man has standing under the U.S. Supreme Court’s landmark Spokeo decision, but his claims fail regardless because he doesn’t qualify as a “subscriber” under the Video Privacy Protection Act.

  • April 27, 2017

    TVA Liable For Secondhand Asbestos Death, 11th Circ. Says

    An Eleventh Circuit panel on Wednesday said that the Tennessee Valley Authority’s negligent asbestos practices caused the wife of one of its former employees to die painfully and prematurely, affirming much of an almost $3.5 million award in her favor.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • A Do-Over: Takeaways From Florida Court's Ober Revisit

    Paul Rush

    A Florida state court's recent reversal of its own 2016 decision in Ober v. Town of Lauderdale-By-The-Sea affirms the long-standing interpretation of Florida’s lis pendens statute. However, lenders should be on alert, for this ruling may not be the end of the road for Ober, says Paul Rush of Trenam Law.

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • Florida 'Black Box' Ruling: Game Changer For Vehicle Tech

    Tina Sciocchetti

    A split panel of a Florida state appellate court has held that police need a warrant to search a vehicle’s electronic data recorder or “black box” absent exigent circumstances. The ruling in Florida v. Worsham demonstrates that the constitutional, legislative and regulatory privacy protections afforded data-capturing vehicle technologies are expanding rapidly, say Tina Sciochetti and Charles Dell'Anno of Nixon Peabody LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.