Florida

  • March 25, 2024

    Fla. Hospital Can't Avoid Suit Over Unexplained Fractures

    A Florida appeals court has revived a man's claims against a hospital over unexplained fractures he sustained while unconscious and recovering from a drug overdose, saying he can proceed on a theory that the injuries couldn't have happened without negligence.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Fla. Pharmacy Says It Was Cut From Federal PrEP Program

    A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.

  • March 25, 2024

    Atty Urges 11th Circ. To Revive Race Bias Suit Against Ga. Bar

    A Georgia attorney who is accusing the state bar of having an "apartheid disciplinary process" that discriminates against Black lawyers asked the Eleventh Circuit on Monday to revive her discrimination suit, saying the lower court erred when it found it didn't have jurisdiction in the case.

  • March 25, 2024

    Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.

    A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    Owens Corning Extends $3.9B Masonite Deal Review

    Construction materials manufacturer Owens Corning has agreed to give antitrust enforcers more time to review a planned $3.9 billion deal to purchase door-maker Masonite International Corp.

  • March 25, 2024

    M&T Bank Execs Seek Exit From Fla. Law Firm's $1.5M Suit

    Two M&T Bank Corp. representatives want out of a lawsuit claiming they participated in the unlawful restriction of a Florida law firm's trust account amid a chargeback dispute, arguing they are protected from such claims by Florida's corporate shield doctrine.

  • March 25, 2024

    Radio Host's Sex Orientation Bias Claims Fall Flat At 11th Circ.

    The Eleventh Circuit rejected a former radio host's push for a second shot at pursuing his claims that he was fired because of his bisexuality, after the panel found he hadn't overcome the station's argument that he was terminated over a drunken episode at a concert.

  • March 25, 2024

    Farmers, Attys Say USDA Bias Payouts Can't Snub Fee Deals

    A pair of law firms from Ohio and Florida and their farmer clients have asked a federal judge to block the U.S. Department of Agriculture from paying out $2.2 billion in assistance directly to minority farmers it discriminated against, claiming the government disregarded contingent-fee agreements between the firms and the farmers.

  • March 22, 2024

    Real Estate Authority: NAR, Climate, Data Center Dollars

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.

  • March 22, 2024

    Marketers Want FCC Robocall Rule Put On Ice During Appeal

    A trade group has asked the Federal Communications Commission to hold off on a rule approved in December clamping down on robocalls and texts while the organization pursues an Eleventh Circuit challenge to the new regulations.

  • March 22, 2024

    Special District Members Seek To Block Disney Depo Request

    Members of the Central Florida Tourism Oversight District asked a state court to block Disney's attempt to depose them in its suit trying to revoke two land use agreements the company signed with the predecessor district board over the property surrounding Walt Disney World.

  • March 22, 2024

    Trump Media SPAC CEO Accused Of Misleading Investors

    A sponsor of the special-purpose acquisition company approved to take Donald Trump's social media website public has sued its CEO in Florida federal court, saying a "coup d'etat" was orchestrated to oust the former leader and mislead investors in an effort to assume control over the enterprise.

  • March 22, 2024

    Flyers Say JetBlue-Spirit Deal Case Not Done, Push For Win

    The private plaintiffs challenging the failed JetBlue-Spirit merger indicated they're not done despite the companies' abandonment of the deal, pushing a Massachusetts federal court to grant them a win on their antitrust claims.

  • March 22, 2024

    US Trustee Says Fla. Healthcare Co. Can't Seal Stock Sale Bid

    The U.S. Trustee's Office has urged a Delaware bankruptcy judge to deny a Miami-based primary healthcare group's request in its Chapter 11 case to redact information in the debtor's motion to sell its shares in a healthcare claims reimbursement servicer.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit

    One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.

  • March 22, 2024

    Businessman Indicted Over Hiding Of $20M In Swiss Accounts

    A Brazilian-American businessman accused by the government in a criminal complaint of hiding $20 million from the Internal Revenue Service over 35 years by using Swiss bank accounts was indicted by a federal grand jury in Miami and charged with tax evasion, according to a Florida federal court.

  • March 22, 2024

    Fla. Judge Allows Sale Of Ex-MLBer's House In Fraud Suit

    A Florida state court judge on Friday allowed the sale of a house owned by ex-Boston Red Sox outfielder Rusney Castillo to go forward over the objection of a sports managing company, which accused the baseball player of fraudulent transfer in order to avoid a $3 million judgment against him.

  • March 22, 2024

    Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme

    Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.

  • March 22, 2024

    Dollar General Can't Nix $1.48M Slip-And-Fall Verdict

    A Florida appeals panel on Friday affirmed a $1.48 million slip-and-fall verdict against Dollar General, saying the company "falls far short" of showing that there was no evidence it was aware of water on the floor after bringing a pair of carts in from the rain.

  • March 22, 2024

    Ga. GOP Chair Must Face State Court Charges, 11th Circ. Told

    Fulton County prosecutors on Thursday urged the 11th Circuit to keep former Georgia GOP Chair David Shafer's election interference case in state court, arguing that his federal removal bid is based on the "fiction" that his role as a would-be elector for the 2020 election somehow grants him federal officer status.

  • March 21, 2024

    Panama Seeks To Enforce $4.8M Arbitration Award

    Panama urged a Florida federal court on Thursday to enforce a $4.8 million arbitral award against a Miami businessman and his construction firm following a dispute stemming from contracts to build hospitals, a municipal hall, a courthouse and other facilities.

  • March 21, 2024

    Ex-CEO Says Social Media Profiles Are Tied To His Personality

    The former CEO of the company that makes Bang Energy drinks argued Thursday in a Florida federal court that a bankruptcy judge wrongly took away ownership of three social media accounts he created for the brand, saying his persona used in them was instrumental in successfully marketing its products.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Opinion

    Activist Short-Sellers Are The Dark Knights Of Wall Street

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    While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • A Year-End Look At Florida's Capital Investment Tax Credit

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    Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

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