Florida

  • April 12, 2024

    11th Circ. Axes Religious Bias Suit Against LinkedIn

    An Eleventh Circuit panel on Friday tossed a Florida woman's suit claiming LinkedIn banned her for spreading COVID-19 vaccine misinformation, finding she abandoned her appeal by failing to support her arguments.

  • April 12, 2024

    House To Retry Spy Bill After Warrant Measure Fails By 1 Vote

    The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.

  • April 12, 2024

    Ala. Church's Hurricane Claims Are Covered, 11th Circ. Rules

    There was enough evidence for an Alabama federal jury to conclude that a church suffered nearly $170,000 in covered property damage from Hurricane Sally, the Eleventh Circuit has ruled, rejecting an insurer's argument that the church's claims failed as a matter of law under a wear and tear exclusion.

  • April 12, 2024

    Ex-US Diplomat Gets 15 Years For Spying For Cuba

    A Florida federal judge accepted a plea deal Friday and gave a 15-year prison sentence to a U.S. diplomat who secretly acted as an agent of the Cuban government for decades, but only after the government inserted a provision into the agreement making him liable for restitution to any potential victims.

  • April 12, 2024

    Nelson Mullins Lands Spencer Fane, K&L Gates Litigators

    Nelson Mullins Riley & Scarborough LLP has added two new partners to its litigation practice from K&L Gates LLP and Spencer Fane LLP, one who practices franchise and distribution law and the other who handles healthcare enforcement matters.

  • April 12, 2024

    Trump Media Attys Flag Co-Founders' Del. Suit Expansion

    Attorneys for Trump Media & Technology Group and its insiders have objected to what they say is an attempt by two co-founders to secure fast-tracking of an expanded but still-sealed Chancery Court lawsuit initially focused on share-dilution claims against company insiders.

  • April 12, 2024

    Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL

    In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.

  • April 12, 2024

    Florida Loses Bid To Retain Control Of CWA Permit Program

    A D.C. federal judge on Friday rejected Florida's bid to retain some control over a Clean Water Act permitting program that he recently found was improperly handed off to the state by the U.S. Environmental Protection Agency.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Race Bias Used To Form New Fla. Senate Districts, Voters Say

    A group of Tampa-area residents has filed a federal lawsuit challenging the validity of a state Senate district map, claiming Florida officials wrongly used race as a factor to redraw two districts and diminished the ability of Black voters to elect representatives of their choice.

  • April 11, 2024

    2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

    The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

  • April 11, 2024

    Odebrecht Exec Details Bribes To Ex-Ecuador Comptroller

    The former director of Odebrecht SA's operations in Ecuador told jurors Thursday that he paid millions in bribes to "Miami" — a code name for Ecuador's former comptroller — related to various infrastructure projects the Brazilian conglomerate was building in the country.

  • April 11, 2024

    Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes

    The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.

  • April 11, 2024

    11th Circ. Denies Atty DQ Bid From Gold Star Wives

    The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 11, 2024

    Ex-NFL Players Near Settlement In Race-Norming Benefits Suit

    Two former players whose lawsuit accuses the NFL's disability benefit plans of awarding them lower benefits because they are Black told a Maryland federal court they have had "productive" meetings with the defendants and are near a settlement proposal.

  • April 11, 2024

    FTX Brass, Investors Can't Move Bankruptcy Suit To MDL

    The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.

  • April 10, 2024

    Miami's Plan To Racially Divide Voters Is Illegal, Judge Says

    A Florida federal judge on Wednesday ruled that Miami's plan to segregate voting districts based on race is illegal, saying that the gerrymandered redistricting maps approved by the city can't withstand strict scrutiny under the Fourteenth Amendment.

  • April 10, 2024

    Ex-CBD Exec Says He Was Duped Into Investment

    The former chief operating officer of health goods supplier and CBD seller Premier Beauty and Health LLC told jurors Wednesday that he was misled by the company's executives — who were also his family members — into investing in a company that was less profitable and stable than he had been told.

  • April 10, 2024

    Jet Co. Can't Escape Suit Over Plane Depleting Fuel, Crashing

    A Florida federal judge declined to dismiss a lawsuit filed by a passenger alleging negligence after his chartered plane ran out of fuel and crashed into the ocean, saying the liability waiver cited by the private jet company and pilot can't be enforced under the Warsaw Convention.

  • April 10, 2024

    Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed

    A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.

  • April 10, 2024

    Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction

    Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.

  • April 10, 2024

    NBC, Universal Sued Over 'Harry Potter' Ride Malfunction

    Riders who were stuck for over an hour on a ride at the Wizarding World of Harry Potter in Universal Studios Hollywood that left them suspended midair have sued NBCUniversal and the theme park in California court, accusing them of negligently failing to safely maintain the attraction.

  • April 10, 2024

    Fla. Atty Gets 8 Years For Fraudulent Tax Shelter Scheme

    A Florida attorney was sentenced Wednesday to eight years in prison after pleading guilty in federal court to tax evasion and defrauding the U.S. government through a tax shelter scheme he pitched to clients that involved making purported charitable contributions so his clients could claim millions of dollars in tax deductions they weren't qualified to receive.

  • April 10, 2024

    Fla. Judge Cops To Trimmed Charges Over Campaign Talk

    A Florida county circuit court judge may face a shorter 25-day suspension over public statements he made favoring law enforcement during his 2022 campaign for his seat after the Florida Supreme Court rejected a 30-day suspension agreement because of an incorrect reading of the rules of conduct.

Expert Analysis

  • What Rescheduling Could Mean For Cannabis Bankruptcies

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    Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.

  • A Defense Strategy For Addressing Copyright Fee-Shifting

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    Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Fla. Bankruptcy Ruling Is Cautionary Tale For Debt Collectors

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    A Florida bankruptcy court recently rejected the assertion that a debt purchaser was entitled to enforce a debt not correctly listed on the debtor's bankruptcy schedules, and the sanctions imposed provide a stark reminder on due diligence in debt collection practices, say Deborah Kovsky-Apap and Stefanie Jackman at Troutman Pepper.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • The Road Ahead For Florida's Drug Importation Program

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    Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.

  • High Court Social Media Speech Ruling Could Implicate AI

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    In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

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