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Florida

  • September 21, 2018

    Building Supply Co. Escapes Asbestos Suit In Fla.

    A Florida appeals court has released a California construction supply company from a suit alleging its asbestos-containing products gave a Florida man mesothelioma, finding the man and his wife failed to demonstrate the company had sufficient ties to Florida to be sued in the state.

  • September 21, 2018

    Ex-Judge Joins Dickinson Wright In Fort Lauderdale

    Former Judge Jorge J. Perez has joined Dickinson Wright PLLC’s litigation group in Fort Lauderdale, Florida, where he is an oft-appointed receiver in insolvencies and an arbitrator, the firm announced Thursday.

  • September 21, 2018

    Miami Beach Restaurant Servers Win Cert. In Tips Suit

    A Florida federal judge has preliminarily certified a class of servers at a Miami Beach restaurant who claim they were forced to share their tips with their employer and were not paid for all hours worked in violation of the Fair Labor Standards Act.

  • September 21, 2018

    New EB-5 Fraud Suit Against Fla. Man Targets Condo Project

    A Florida man is once again facing accusations of EB-5 visa program fraud after a group of Chinese investors accused him of stealing their funds after throwing around promises for a condominium development that ultimately remained unimproved and empty, causing their petitions for U.S. residency to be denied.

  • September 21, 2018

    Real Estate Rumors: Broadcast Music, IDI Logistics, WeWork

    Broadcast Music has reportedly signed a 16-year lease for its 61,390-square-foot Manhattan space, IDI Logistics is said to have landed $16.58 million in financing for a Florida project and WeWork is reportedly leasing 60,000 square feet in New York.

  • September 21, 2018

    Sentencing Delay In $1.6M Pump-And-Dump Frustrates Judge

    A Massachusetts federal judge on Friday vented her frustration as a man who copped to arranging a $1.6 million pump-and-dump scheme told her hours before he was set to be sentenced that he would not be flying up to Boston for the hearing because he wants to stay in Florida to be with his dying father.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    ParkerVision Fights Apple's Bid To Duck Damages In IP Row

    Patent holder ParkerVision Inc. has urged a Florida federal judge not to let Apple Inc. off the hook for damages in its infringement claims against both Apple and Qualcomm Inc., accusing Apple of relying on the "false premise" that the claims apply only to Qualcomm chips inside phones and saying Apple merely buys the devices.

  • September 20, 2018

    Bankrupt Museum Exhibitor To Auction Off Titanic Artifacts

    Thousands of artifacts dredged up from the Titanic are set to go up for auction in a Florida bankruptcy case next month, with a $19.5 million stalking horse bid in place, according to a sale notice filed Wednesday.

  • September 20, 2018

    Fla. Gov. Sued Again Over Plans To Appoint 3 Justices

    Florida Gov. Rick Scott was sued again Thursday over his plan to appoint three justices to the Florida Supreme Court on his final day in office, as liberal advocacy groups say the state constitution does not give him the authority to begin the nomination process until the retiring justices vacate their seats.

  • September 20, 2018

    11th Circ. Asked To Reconsider 'Poop Cruise' Suit Dismissal

    Carnival passengers who were stranded at sea in a 2013 incident known as the “Poop Cruise” asked the Eleventh Circuit on Thursday to reconsider an August decision to toss their suit, saying the ruling runs counter to U.S. Supreme Court precedent.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    2nd Circ. Upholds Tossing NY Couple's $5M Tax Dispute

    The Tax Injunction Act stops federal courts from deciding state tax law issues, the Second Circuit has ruled in a New York couple’s $5 million tax dispute with the state, saying their attempt to use a constitutional right to gay marriage was too broad for a property sales tax matter.

  • September 20, 2018

    Florida High Court Reinstates $20M Tobacco Verdict

    The Florida Supreme Court on Thursday reinstated a $20 million tobacco jury verdict in favor of the daughter of a lifelong smoker, ruling that the state appeals court that overturned it imposed an improper cap on damages awards for adult children of smoking victims in wrongful death suits.

  • September 20, 2018

    Real Estate Rumors: Paramount, Ladder, Welltower

    Paramount Group could get as much as $160 million with the sale of a New York office and retail property, Ladder Capital is said to have loaned $137 million for a New York Holiday Inn, and real estate investment trust Welltower has reportedly sold a Florida nursing home for $15.4 million.

  • September 20, 2018

    Alleged Aide In Sham Offerings Barred From Penny Stocks

    A woman whom the U.S. Securities and Exchange Commission accused of assisting in a scheme to create sham public companies has been barred from serving as an officer or director of a public company and trading penny stocks, a Florida federal judge announced Thursday.

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Opinion

    Protecting Florida Medical Plaintiffs’ Access To Courts

    Joe Taraska

    The Florida Supreme Court's recent decision in Morris v. Muniz is intended to help protect the right of victims of medical malpractice to pursue justice. The decision will help to bring the pre-suit investigatory process back to its statutory intent — to weed out frivolous cases, without denying access to the courts for well-founded ones, says Joe Taraska of Morgan & Morgan.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Florida Courts Are Prepared For A New Wave Of Foreclosures

    Victor Petrescu

    For Florida practitioners who experienced the foreclosure crisis that swept through the state beginning in 2008, the recent uptick in foreclosure filings may feel ominous. However, Florida's foreclosure jurisprudence has evolved at an incredible pace, capable of expediting the process tremendously if another crisis arises, says Victor Petrescu of Levine Kellogg Lehman Schneider & Grossman LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • 2 Courts Accept Contract Terms That Limit TCPA Exposure

    Meredith Slawe

    No other appellate court has followed the Second Circuit's Telephone Consumer Protection Act decision in Reyes. However, two district courts within the Eleventh Circuit recently did — holding that consent to be contacted cannot be unilaterally revoked where such consent was obtained in a bargained-for contract, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Why Fla. Should Adopt Telehealth Legislation

    Morris Miller

    During its 2018 session, the Florida Legislature considered, but did not pass, a bill that would have reduced uncertainty surrounding reimbursement, practice standards and liability related to telehealth services. Legislation like this is needed to provide clarification and encourage the use of telehealth in appropriate circumstances, says Morris Miller of Holland & Knight LLP.