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Florida

  • December 13, 2018

    Drunk Man's Fall Not Cruise Line's Fault, 11th Circ. Says

    The Eleventh Circuit affirmed a Florida district court’s decision Thursday dismissing a negligence suit brought against Norwegian Cruise Lines by an injured passenger who drank too much and proceeded to wander into a crew-only area, where he fell down an escape hatch and injured himself.

  • December 13, 2018

    Consumers Win Cert. In Cruise Co. TCPA Suit

    A Florida federal judge has certified a class of consumers who say Grand Bahama Cruise Line LLC sent them robocalled offers of "free" cruises in violation of the Telephone Consumer Protection Act.

  • December 13, 2018

    Real Estate Rumors: Blackstone, Fortress, Wells Fargo

    Blackstone has reportedly sold a New York office and retail building to Clarion Partners for $282 million, a Fortress Investment venture is said to have landed more than $780 million in financing for a Times Square project, and Wells Fargo has reportedly loaned $13.5 million for a logistics project in Florida.

  • December 13, 2018

    Let Jury Hear Passenger Used Medication: Royal Caribbean

    Royal Caribbean Cruises Ltd. urged a Florida federal judge Wednesday to allow jurors in a wrongful death trial to hear evidence that a 22-year-old passenger who fell from one of its cruise ships — an incident his family insists was not a suicide — used the antidepressant Pristiq in the days before the trip.

  • December 13, 2018

    Ex-Atty, Stock Promoter Admit To Pump-And-Dump Scheme

    An ex-lawyer and a stock promoter pled guilty Thursday in federal court in Miami in connection with a $1 million pump-and-dump scheme involving shares of a beauty supply company, according to the U.S. Department of Justice.

  • December 13, 2018

    Engineering Co. Worker's $3.3M Injury Award Cut To $600K

    A Florida federal judge cut down a $3.3 million award by a jury to a woman whose hands were mangled by an R.T. Engineering Corp. wire bundling machine, downgrading it to  $608,744.

  • December 13, 2018

    EB-5 Investor Sues Developer For Alleged Fla. Project Fraud

    A Russian man contended Wednesday that a Florida resident defrauded him of $500,000 and the opportunity to obtain a green card by promoting a development project through the EB-5 visa program that was never completed, according to a complaint filed in Florida federal court.

  • December 13, 2018

    2018 State And Local Tax Policy: Year-In-Review

    This year may have been dominated by federal tax reform, but state and local policy practitioners were plenty busy, too, with issues such as the continued growth of the regulated marijuana industry and the uptake of local opportunity zones. Here, Law360 highlights some of the biggest state and local tax policy moves of 2018.

  • December 13, 2018

    Biggest Environmental Law Rulings Of 2018

    Several major environmental decisions were handed down by courts in 2018, from a split among federal appeals courts on whether pollution that travels through groundwater may be regulated under the Clean Water Act, to a finding that President Donald Trump's controversial Mexico-U.S. border wall doesn't have to go through certain environmental reviews. Here, Law360 looks at some of the biggest environmental rulings in 2018.

  • December 12, 2018

    BCBS Must Face Per Se Antitrust Test, 11th Circ. Rules

    Blue Cross Blue Shield insurers must face the per se legal standard that if proven says their behavior in allegedly divvying up geographic markets broke the law regardless of the impact on competition, the Eleventh Circuit said Wednesday.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    Some Damages Cut, But $1.7M Restored In Fla. Smoking Case

    A Florida appeals court on Wednesday vacated $650,000 in punitive damages in a jury verdict against R.J. Reynolds and Philip Morris but affirmed $5.4 million in compensatory damages granted to a smoker's widower and found the trial court had improperly reduced that amount for comparative fault.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    'Runaway' Litigation Costing Fla. Insureds Billions: Report

    Florida insurance carriers have passed along billions in legal costs to policyholders as lawsuits involving “assignments of benefits” — which permit medical service providers and repair contractors to pursue direct payment from insurers — continue to proliferate statewide, according to a Wednesday report by the Insurance Information Institute.

  • December 12, 2018

    Catalina Marketing Files For Ch. 11 To Cut Debt By $1.6B

    Catalina Marketing Corp. filed for Chapter 11 in Delaware bankruptcy court Wednesday, saying it had a preapproved reorganization plan that would allow the consumer packaged goods marketer to shed $1.6 billion in debt.

  • December 12, 2018

    Fla. Justices Won't Rehear Judge's Facebook Friend Recusal

    The Florida Supreme Court said Wednesday it would not reconsider its ruling that a Facebook friendship between a judge and an attorney appearing in the judge’s court does not by itself demand the judge’s recusal.

  • December 12, 2018

    Real Estate Rumors: Mill Creek, Deutsche Bank, WeWork

    Mill Creek Residential Trust has reportedly paid $27.1 million for a Seattle site where it plans a seven-story tower, Deutsche Bank and Societe Generale are said to have provided $265 million in securitized financing for a St. Louis mall, and WeWork is reportedly opening a second location in Coral Gables, Florida.

  • December 11, 2018

    Airbnb Settles With Miami Apt. Complex Owners, Averts Trial

    Airbnb Inc. averted a trial Tuesday by settling a suit brought by the owner of several Miami-area apartment buildings that claimed the home-sharing platform supports and encourages unauthorized short-term rentals.

  • December 11, 2018

    Club Owner Asks 11th Circ. To Reverse Strippers' FLSA Win

    A Miami strip club owner has urged the Eleventh Circuit to reverse a lower court decision awarding eight exotic dancers nearly $1.8 million after a federal jury found the club's policy of classifying them as independent contractors violated the Fair Labor Standards Act and denied them overtime wages.

  • December 11, 2018

    Real Estate Rumors: 3650 REIT, Butters, Freshwater

    3650 REIT and Quadrant Capital have reportedly provided $36 million in financing, some of which is commercial-backed securities debt, for a Las Vegas grocery-anchored retail property; Butters Construction & Development is said to have paid $15 million for a Florida site; and Freshwater Group has reportedly bought various Miami apartment and condo units for $12.1 million.

Expert Analysis

  • Contract Provisions Can Indemnify A Contractor's Negligence

    Keith Broll

    Recent case law shows that some indemnity provisions are enforceable even if a contractor is found to have been negligent or at fault. Contractors should carefully consider any language that may contractually shift liability for their own negligence to other parties, says Keith Broll of Becker & Poliakoff PA.

  • Fla. Amendment 6 Levels The Playing Field For Taxpayers

    Mark Holcomb

    Florida Amendment 6, passed this November, ends the state’s long-standing doctrine of judicial deference to agency interpretation of the law, which has figured prominently in the development of Florida tax law, say attorneys from Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • Stadium Development Can Breathe Life Into Urban Areas

    Maxine Hicks

    While stadiums have not been economically beneficial for local communities historically, new sports-oriented mixed-use projects built closer to urban areas — such as Atlanta's SunTrust Park — offer opportunities to revitalize underutilized properties and create true public-private partnerships, say Maxine Hicks and Andrew Much of DLA Piper.