Florida

  • September 18, 2019

    Parties In Bitcoin 'Inventor' Case Closing In On Settlement

    Parties in the high-profile case pitting Craig Wright, the self-styled inventor of Bitcoin, against the estate of his late business partner David Kleiman appear to be nearing a settlement after a Florida federal judge agreed to extend certain deadlines.

  • September 18, 2019

    11th Circ. Says Feds Can Sue Under Title II Of ADA

    The Eleventh Circuit has ruled that the federal government has the authority to challenge Florida's institutionalization of disabled children under Title II of the Americans with Disabilities Act, finding that Congress granted the power even though the act's language may be somewhat ambiguous.

  • September 18, 2019

    Ex-Arms Dealer Hit With Sanctions Bid In Memoir IP Suit

    The co-writer of the memoir "Once a Gun Runner" who is embroiled in a copyright dispute with the book's subject — a former international arms dealer — over ownership of the work, told a Florida federal court Tuesday it should sanction the former arms dealer and his attorneys for continuing to pursue the case in federal court.

  • September 18, 2019

    Attys Snag $1M In Fees After $3.5M TCPA Deal With Checkers

    A Florida federal judge on Wednesday awarded class counsel more than $1 million in attorney fees for their work securing a $3.5 million settlement for a nationwide class of consumers who alleged fast-food restaurant chain Checkers kept sending advertising texts after they attempted to unsubscribe.

  • September 18, 2019

    Fed. Circ. Sends Car Seat Contract Fight To Fla. State Court

    A Florida law-based breach of contract suit between a car seat maker and its former partner isn’t a patent suit in disguise, meaning it belongs in state court, the Federal Circuit said Wednesday.

  • September 18, 2019

    Real Estate Rumors: SAG Realty, Wells Fargo, Trammell Crow

    SAG Realty has reportedly sold a Miami car dealership for $6.4 million, Wells Fargo is said to have provided $403 million in CMBS financing for an Arizona hotel, and developer Trammell Crow is reportedly seeking to build a 16-story office and retail building in Chicago.

  • September 18, 2019

    Carnival Was Treated Fairly In $1.3M Award Fight, Judge Says

    A Florida federal judge has confirmed a $1.36 million arbitral award issued against Carnival Corp. to a former waiter who injured his back while trying to get into a bunk bed, saying the cruise line didn't show it was denied a fair hearing.

  • September 18, 2019

    3rd Circ. Backs CSX Win In Pa. Mall Stormwater Damage Suit

    The Third Circuit on Wednesday rejected a suburban Philadelphia shopping mall's bid to hold CSX Transportation Inc. liable for flood damage to its property, saying the mall couldn't prove the freight railroad negligently reconstructed or maintained its rail bed.

  • September 18, 2019

    JPMorgan Can Sanction Korte & Wortman For 'Frivolous' Suit

    A Florida federal judge on Wednesday granted JPMorgan Chase’s bid to sanction law firm Korte & Wortman PA in a suit accusing the bank of violating federal real estate law, calling the action “frivolous” and finding the firm should have investigated the claim before filing suit.

  • September 18, 2019

    Inyx Fraudster's Wife Appeals Foreclosure By Deutsche Bank

    The wife of convicted ex-Inyx Inc. CEO Jack Kachkar, who is serving 30 years in prison for a $100 million loan fraud scheme, urged the Eleventh Circuit on Wednesday to find that lower courts erred in allowing Deutsche Bank to foreclose on their Miami-area residence.

  • September 18, 2019

    Bausch & Lomb Inks $10M Deal In Contact Lens Price-Fix Suit

    Contact lens maker Bausch & Lomb has agreed to pay $10 million to exit multidistrict litigation brought by a class of consumers accusing the company of conspiring with others to fix the prices for contacts.

  • September 17, 2019

    Liquidation Plan Confirmed For Alleged $330M Ponzi Vehicle

    A Florida bankruptcy judge confirmed a liquidation plan Tuesday in the Chapter 11 bankruptcy of 1 Global Capital LLC, a purported commercial lender that federal authorities have alleged was at the center of a $330 million Ponzi scheme.

  • September 17, 2019

    Theater Chain's Ch. 11 Loan Needs Changes, Del. Judge Rules

    The proposed debtor-in-possession financing package in the Chapter 11 case of luxury theater operator iPic Entertainment needs to be reworked after a Delaware judge ruled Tuesday that previously unencumbered assets of the debtor can be subject to new liens on a limited basis.

  • September 17, 2019

    Greenspoon Marder Adds Hospitality Pro To Timeshare Group

    Greenspoon Marder LLP has hired a hospitality industry pioneer for its corporate timeshare group, tapping him to bring his M&A expertise back to the law firm he left years ago to serve as general counsel and then president of vacation company Interval International.

  • September 17, 2019

    Real Estate Rumors: MGM, Blackstone, Mindful Management

    MGM reportedly could sell and lease back the Las Vegas MGM Grand and Bellagio, Blackstone is said to have picked up four California apartment complexes for $312 million, and Mindful Management has reportedly bought a Florida industrial property for $8.8 million.

  • September 17, 2019

    PE Firm Sues For $4M After Early Fla. Energy Deal Exit

    ACON Equity Management LLC told a London judge Tuesday that an investment vehicle it used to buy a Florida energy company cannot avoid paying it $4 million after the U.S. private equity firm sold its stake in the company.

  • September 17, 2019

    Contract With Aussie Open Winner Ruled Out Of Bounds

    A contract that Australian Open champion Naomi Osaka signed when she was a minor is unenforceable, because the instructor making the deal did not get the contract approved under Florida law, a Florida state judge has ruled.

  • September 17, 2019

    JPMorgan Looks To Boot COBRA Suit To Arbitration

    An arbitration agreement dooms a former JPMorgan Chase & Co. worker's suit claiming the bank didn’t give employees proper notice about continuing their health care coverage after being let go, JPMorgan has told a Florida federal judge.

  • September 17, 2019

    Crypto Co. Investors Denied Cert. In $32M ICO Fraud Suit

    A proposed class of investors waited too long to file a certification bid in their suit accusing the now-defunct cryptocurrency company Centra Tech of fraudulently raising $32 million in a 2017 initial coin offering, a Florida federal judge ruled Monday.

  • September 17, 2019

    Ex-Kopelowitz Atty Accused Of Aiding 1 Global Ponzi Scheme

    A veteran South Florida securities lawyer and former partner at Kopelowitz Ostrow Ferguson Weiselberg Gilbert PA was charged Tuesday with securities fraud on claims that he facilitated an alleged Ponzi scheme through purported commercial lender 1 Global Capital LLC that raised in excess of $330 million from thousands of investors.

  • September 16, 2019

    Fla. House Can Wade Into Medical Pot Law Case, Panel Says

    Florida's First District Court of Appeal will allow the state House of Representatives to enter a case in which a lower court found that regulations it established for medical marijuana treatment centers are unconstitutional, finding that the House has a "cognizable interest" in the suit's outcome.

  • September 16, 2019

    Fla. Judge Closes Epstein Victims' Suit Following His Death

    A Florida federal judge said Monday that Jeffrey Epstein's death makes it impossible for the court to revoke a nonprosecution deal and reopen a criminal case against the billionaire sex offender.

  • September 16, 2019

    Ex-Soccer Exec Asks Again To Claw Back Copy Of Feds Deal

    The former head of the North American Soccer League is again asking to claw back an unsigned version of a cooperation agreement he worked out with New York federal prosecutors, telling a federal judge that the document is “irrelevant and inadmissible” in the antitrust case at hand.

  • September 16, 2019

    Miami Sex Club Must Pay $900K For Misusing Models' Pics

    A federal jury in Miami ruled Monday that a swingers club should pay 32 models a total of $892,500 in damages for using the women's images to promote sex parties without getting their permission or paying them.

  • September 16, 2019

    Sanofi Faces 1st US Suit Over Likely Carcinogen In Zantac

    A Florida man with breast cancer has accused Zantac maker Sanofi Aventis US LLC of knowingly selling a medication that contained a probable carcinogen in the first suit of its type in the U.S.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Dorian Update: How State Laws Protect Service Members

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    In the wake of Hurricane Dorian's devastation, creditors should take note of the laws Florida, Georgia and the Carolinas have in place to protect members of the National Guard called to service as part of response efforts, say attorneys at Buckley.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

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    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • State Net

    How Online Wagers Are Shaping States' Sports Betting Regs

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    Just over a year after the U.S. Supreme Court legalized sports betting nationwide, the industry is seeing an explosion of activity online, but the influence of entrenched gambling interests means that some states are only allowing bets to be placed in person at casinos and racetracks, says Dave Royse of State Net Capitol Journal.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Opinion

    NFL Discipline Process Shouldn't Apply To Off-Field Conduct

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    This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL should get out of the business of discipline for off-field behavior — for five reasons, says Ronald Katz at GCA Law Partners.

  • Gov't Win In AseraCare FCA Case Benefits Both Sides

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    While Monday’s Eleventh Circuit decision in United States v. AseraCare provides the government the opportunity to continue litigating its claims, False Claims Act defendants will undoubtedly take refuge in the less plaintiff-friendly falsity standard articulated by the court, say Derek Adams at Feldesman Tucker and Erica Blachman Hitchings at the Whistleblower Law Collaborative.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Key US Tax Rules For Foreign Athletes And Entertainers

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    When Canadian Bianca Andreescu won the 2019 U.S. Open, she probably wasn’t thinking about how that affected her taxes, but it is increasingly critical for foreign athletes and entertainers to become educated regarding the United States’ taxation of their income, say Jason Dimopoulos and Thomas Linguanti at Morgan Lewis.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

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    The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

  • State Net

    Ransomware Poses Tough Choices For State, Local Gov'ts

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    This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.

  • A Win For Fla. Hospitals On Patient Safety Data Confidentiality

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    A Florida federal court's ruling in Florida Health Sciences Center Inc. v. Azar supports the argument that records properly submitted to patient safety organizations are protected patient safety work product, say Gavrila Brotz and Paul Borr of Tache Bronis.