Florida

  • February 16, 2018

    Tampa Bay Rays Call Foul On Concessionaire's Dismissal Bid

    Major League Baseball's Tampa Bay Rays urged a Florida federal court Friday to deny concessionaire Centerplate's bid to escape the ball club's breach of contract suit over an expiring 20-year pact, saying it has provided no basis and relies on “unfounded accusations.”

  • February 16, 2018

    SDFL Adopts Guidelines For Cooperation On Int'l Bankruptcies

    The Southern District of Florida's bankruptcy court has adopted guidelines for communication and cooperation between courts in cross-border insolvency matters that practitioners say will help courts efficiently handle the increasing number of Chapter 15 cases filed in the region as its ties to Latin America continue to strengthen.

  • February 16, 2018

    Massage Envy Ducks EEOC Suit Over Ebola Fear-Driven Firing

    A Florida federal judge tossed EEOC claims that a Massage Envy franchise owner illegally fired an employee with plans to visit Ghana on fears she would return with the Ebola virus, finding Thursday she did not qualify as disabled under the Americans with Disabilities Act.

  • February 16, 2018

    Fla. Judge Should Be Removed For Campaign Offenses: Panel

    Florida's Judicial Qualifications Commission recommended Thursday that a state judge be removed after finding him guilty of violating several judicial rules in a series of incidents, led by his posting of false information about an election opponent on his own campaign website.

  • February 16, 2018

    Uber Driver Can't Sue Over Gun-Carrying Ban, Judge Says

    A Florida federal judge on Friday tossed an Uber driver’s proposed class action alleging the rideshare giant’s rule prohibiting drivers and passengers from carrying a gun violates their constitutional rights, finding that the driver has not claimed he’s been harmed by the policy and therefore can’t sue.

  • February 16, 2018

    Robot Surgery Suit Tossed Too Soon, Fla. Appeals Panel Says

    A Florida appeals panel Friday revived a malpractice suit claiming that part of a robot left inside a patient’s body for years following a hernia surgery contributed to his untimely death, as it disagreed with a lower court that the allegations were vague or already dismissed. 

  • February 16, 2018

    Real Estate Rumors: RBC, Gramercy, Virgo Business Centers

    Royal Bank of Canada has reportedly loaned $236.6 million for a New York office property purchase, Gramercy Property Trust is said to have sold a Florida corporate center for $43.16 million and Virgo Business Centers is reportedly subleasing more than 42,000 square feet in Manhattan.

  • February 16, 2018

    Ashford Hospitality Prime Buying Florida Ritz For $171M

    Ashford Hospitality Prime Inc. has reached an agreement to buy a Ritz-Carlton hotel in Sarasota, Florida, for $171 million, the Dallas-based real estate investment trust announced Friday.

  • February 15, 2018

    Environmentalist Hit With $4M Verdict For Hindering Project

    A Florida jury on Wednesday found a well-known environmentalist should pay nearly $4.4 million to a landowner for interfering with its efforts to work out deals with county and state entities on a mining and water treatment project.

  • February 15, 2018

    Real Estate Rumors: Union Investment, ADME, Braintree

    Union Investment is reportedly buying a New York retail condo leased to Lexus for $88 million, A.D.M.E. Real Estate is said to have sold a Miami Beach assisted-living facility for nearly $18 million and mobile payment software firm Braintree is reportedly in talks with landlord Vornado Realty Trust for 40,000 additional square feet in Chicago.

  • February 15, 2018

    DynCorp Still Hasn't Returned $5.1M Aircraft, Suit Says

    DynCorp International LLC removed to Florida federal court Thursday a lawsuit accusing the government contractor of owing more than $5 million under a lease for a turboprop airplane.

  • February 15, 2018

    EquiTrust Hit With Suit Over Unauthorized Payout Fees

    EquiTrust Life Insurance Co. was hit with a putative class action in Florida federal court Wednesday by two policyholders who claim the company charges fees that aren't authorized in policy provisions when customers surrender or redeem their life insurance policies.

  • February 15, 2018

    Daddy Yankee Dodges $1.7M Attys' Fees In Defamation Row

    The Eleventh Circuit backed a lower court's decision Wednesday to deny a bid for $1.7 million in attorneys' fees from a concert promoter who won his defamation suit against Daddy Yankee, ruling that though the reggaeton superstar rejected a pretrial offer to settle, he should not have to pay for the concert promoter's costs.

  • February 15, 2018

    Forfeited $10M Deposit Not Capital Gain, 11th Circ. Says

    A Florida-based hotel management company cannot treat a forfeited deposit of almost $10 million on a hotel sale as a capital gain, the Eleventh Circuit said Thursday in a case of first impression.

  • February 15, 2018

    Miami Partner Rejoins Shutts & Bowen From Holland & Knight

    A real estate and financial services-focused attorney returned to Shutts & Bowen LLP’s Miami office as a corporate partner last week after a nearly four-year stint at Holland & Knight LLP, becoming the second attorney to rejoin in the past two weeks, the firm said.

  • February 15, 2018

    11th Circ. OKs States' Bid To Quickly Remand Water Rule Suit

    The Eleventh Circuit granted a request from 10 states on Wednesday to move quickly and direct that a legal challenge to the U.S Environmental Protection Agency’s Clean Water Rule be transferred to federal court, setting the stage for a faster decision about whether to halt the rule’s implementation.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Tobacco Co. Merits Win In Transfer Fraud Row, Judge Advises

    A magistrate judge recommended Tuesday that a federal court find in favor of a Florida tobacco company on its claim that a cigarette manufacturer fraudulently transferred assets to a related company to avoid paying a multimillion-dollar judgment, finding a check sent by the defendants does not render the issue moot.

  • February 14, 2018

    Dead Smoker's Suit Against RJR Revived On Appeal

    A Florida appeals court on Wednesday revived a suit against R.J. Reynolds and Philip Morris, ruling that the trial court erred in dismissing the claims by a smoker who died during the litigation because of a delay in substitution of the estate's administrator as plaintiff.

  • February 14, 2018

    Real Estate Rumors: HNA, Estate Investment, CBRE

    An HNA affiliate has reportedly sold a Manhattan mansion for $90 million, Estate Investment Group is said to have bought a Florida site where it plans to build 200 residential units, and CBRE Global Investors has reportedly picked up an Illinois apartment building for $46.9 million.

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 4 Takeaways For Lenders From Recent TCPA Decision

    Eve Cann

    As Telephone Consumer Protection Act cases rarely result in favorable trial outcomes for creditors and loan servicers, there are several key practice points from a Florida federal court’s recent decision in Larry Harrington v. RoundPoint Mortgage Servicing, say Eve Cann and Keith Andress of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.