Florida

  • June 01, 2020

    Lasik Vision Institute Hits Ch. 11 After COVID Cash Crunch

    The Florida-based company that runs The Lasik Vision Institute and TLC Laser Eye Centers filed for Chapter 11 protection in Delaware, saying the coronavirus pandemic shutdown on nonessential medical services exacerbated an already-existing liquidity crunch and forced the company into bankruptcy.

  • June 01, 2020

    BREAKING: Justices Revive GE Unit's Arbitration Bid In Steel Plant Row

    The U.S. Supreme Court on Monday concluded that a French unit of General Electric Co. may be able to force arbitration of a multimillion-dollar dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, reversing an Eleventh Circuit decision.

  • June 01, 2020

    High Court Allows Circuit Court Review In Deportation Cases

    Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.

  • May 29, 2020

    GM Gets Claims Trimmed In Takata Airbag MDL

    A Florida federal judge on Friday trimmed claims against General Motors in multidistrict litigation alleging the automaker sold vehicles with defective Takata Corp. air bags, tossing nationwide federal warranty claims but coming down on both sides on claims brought under various state laws.

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    AdventHealth Sues Attorney Over Failed $57.5M Masks Deal

    Adventist Health System says a California attorney and a company that failed to deliver on a $57.5 million deal for 10 million N95 masks have refused to return $2 million in escrow funds even though the deal fell apart, according to a suit filed Friday in Florida.

  • May 29, 2020

    Fla. Tells State High Court Medical Pot Statute Is Lawful

    Florida has told the state's high court that a medical pot dispensary is not likely to succeed in its claims that Florida's licensing system law for dispensaries amounted to an unconstitutional "special law," saying the statute is reasonable and rational.

  • May 29, 2020

    Columbia Care Accused Of Plot To Steal Fla. Pot License

    Cannabis industry juggernaut Columbia Care is facing a lawsuit in New York state court over claims it conspired to steal a Florida medical marijuana license from the company that applied for it.

  • May 29, 2020

    Doctor Escapes Sanctions For Now In CNN Defamation Suit

    A Florida judge on Friday put off sanctioning a doctor for delaying production of communications with a CNN reporter in a defamation suit over a story about pediatric surgery mortality rates at a West Palm Beach hospital, saying he might consider it later if the production is incomplete.

  • May 29, 2020

    Fla. Investment Firm Strikes Deal With SEC In $39M Fraud Suit

    The receiver for a Florida investment firm at the center of an alleged $39 million fraud scheme has reached agreement with the U.S. Securities and Exchange Commission for entry of a permanent injunction against the company and related entities.

  • May 29, 2020

    Fla. Court Says Deadly Patient Transfer Suit Is Med Mal Case

    A Florida appellate court held Friday that a suit claiming a financial motive was behind health care providers' failure to transfer a patient, allegedly causing the patient's death, is essentially a medical malpractice claim that requires a medical expert's opinion.

  • May 29, 2020

    Advantage Rent A Car Seeks 'Last-Ditch' Ch. 11 Sale Process

    The parent of Florida-based Advantage Rent A Car told a bankruptcy judge Friday that it hopes for a "last-ditch sale effort" on a tight timeline that would see a Chapter 11 transaction approved by June 26 after its business crumbled due to the COVID-19 pandemic.

  • May 29, 2020

    Fla. Felon Vote Ruling Could Reach Beyond Sunshine State

    A recent decision from a Florida federal judge that the state cannot block ex-felons who don't pay court-ordered fines and fees from voting could, if upheld on appeal, reverberate to neighboring states that have enacted similar requirements.

  • May 29, 2020

    Farmers Want To Delay Peanut Price-Fix Trial Over COVID-19

    Farmers and companies suing three of the largest players in the U.S. peanut shelling industry are asking a Virginia federal judge to postpone the start of their mid-January price-fixing trial for at least four months, citing coronavirus-related discovery challenges and an overlap with another case.

  • May 29, 2020

    Burger King Sued Over Ex-Manager's Miscarriage

    An ex-manager at a Pittsburgh-area Burger King has filed suit in Pennsylvania federal court alleging that she suffered a miscarriage after her superiors refused to make accommodations for her to go to the hospital when she began experiencing significant vaginal bleeding during a shift last August.

  • May 29, 2020

    BBQ Chain Managers' Bid For Nationwide Wage Suit Falls Flat

    A Florida federal judge on Friday declined to greenlight a nationwide class of Smokey Bones Bar and Fire Grill managers accusing the barbecue chain of violating the Fair Labor Standard Act by making managers exempt from overtime pay.

  • May 28, 2020

    Zion Williamson Says NCAA Eligibility Not Relevant To Suit

    NBA No. 1 pick Zion Williamson blasted his former agent's attempts to make him address allegations he received improper benefits while playing for Duke University, arguing such requests are uncalled for and irrelevant to the legal dispute over his decision to switch agents last year.

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

  • May 28, 2020

    Fla. High Court Says Suspended Attys Can't Contact Clients

    The Florida Supreme Court on Thursday amended Florida bar rules to ban suspended or disbarred attorneys who work for legal services providers from being supervised by former subordinates and from contacting clients.

  • May 28, 2020

    Fla. Elections Canvassing Panel Wants Out Of COVID-19 Suit

    The Florida Elections Canvassing Commission has asked a Florida federal judge to release it from a lawsuit looking to force the state to modify elections regulations to address health risks posed by the COVID-19 pandemic, saying it lacks authority over the issues that have been raised.

  • May 28, 2020

    Anonymous Bitcoin Investor Calls Purported Inventor A 'Liar'

    An anonymous online message calling self-styled bitcoin inventor Craig Wright a "liar and a fraud" for claiming to own 145 bitcoin accounts worth more than $64 million has been entered as evidence that Wright forged a list of his bitcoin holdings in a $10 billion ownership dispute.

  • May 28, 2020

    Coronavirus Litigation: The Week In Review

    A BigLaw firm and the NBA face lawsuits over allegedly delinquent rent payments, House Republicans are suing Speaker Nancy Pelosi over proxy voting amid the ongoing pandemic and Enterprise Rent-A-Car employees say the company should have warned them that mass layoffs were on the horizon. 

  • May 28, 2020

    Celebrity Cruises Looks To Escape COVID-19 Class Suit

    Celebrity Cruises has asked a Florida federal court to toss a proposed class action alleging it failed to adequately protect thousands of workers on its ships during the current COVID-19 pandemic, saying the plaintiff's attorneys already failed to win a similar suit.

  • May 28, 2020

    11th Circ. OKs Awards In Imax Fight With Panamanian Co.

    The Eleventh Circuit on Thursday affirmed a pair of arbitral awards issued to a Panamanian media company in a dispute stemming from a soured deal to roll out Imax theaters in Latin America, rejecting the Canadian large-format film company's argument the tribunal had exceeded its powers.

  • May 28, 2020

    Real Estate Rumors: TikTok, Swezy Family, Amazon

    TikTok has reportedly leased 232,000 square feet in New York, Florida investors Lewis and Elizabeth Swezy have allegedly picked up a development site in the state for $4.05 million and Amazon is reportedly opening up a 43,000-square-foot grocery store in Illinois later this year.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Steps Borrowers In Commercial Real Estate Must Take Now

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    Many lenders accommodated commercial real estate investors and borrowers with short, multimonth payment deferrals amid the COVID-19 crisis, but these grace periods will end well before the fallout of the pandemic will, and the bank will come knocking, says Katherine Amador at Berger Singerman.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • Opinion

    Fla. Felon Voting Decision Interprets Constitution Incorrectly

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    The recent Florida federal court ruling in Jones v. DeSantis — that preventing convicted felons from voting if they can’t afford their legal financial obligations is unconstitutional — was wrongly decided because disenfranchisement neither violates equal protection nor constitutes a poll tax, says attorney R. D. Kelly.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    COVID-19 Relief Should Include Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • Opinion

    Fla. Sports Bar's COVID-19 Insurance Claim Should Proceed

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    Florida-based Prime Time Sports Grill's lawsuit seeking insurance coverage for COVID-19 business interruption should withstand Certain Underwriters at Lloyd's of London's motion to dismiss because the insurer's arguments ignore physical loss caused by the pandemic and are not supported by relevant case law, says Micah Skidmore at Haynes and Boone.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Fla. Suit Reveals Insurer Defense Against COVID-19 Coverage

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    A motion recently filed in Florida federal court by a Lloyd's insurer seeking to dismiss policyholder Prime Time Sports Grill's lawsuit provides insight into how insurers might argue against coverage for business income losses related to COVID-19, say attorneys at Goldberg Segalla.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

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