Florida

  • January 23, 2020

    Fla. Justices Lower Bar For Appealing State Immunity Denials

    The Florida Supreme Court affirmed Thursday that state rules did not allow appellate courts to reconsider non-final denials of sovereign immunity, but it simultaneously amended those rules to make such appeals possible in the future.

  • January 23, 2020

    Royal Caribbean Wants 11th Circ. To Slash $3.4M Death Award

    Royal Caribbean on Thursday asked the Eleventh Circuit to slash a Florida federal jury's $3.4 million verdict over a Wisconsin man's heart attack death, saying the trial court should have applied Wisconsin law that would have barred noneconomic damages such as pain and suffering.

  • January 23, 2020

    Fla. Cruise Line Hit With TCPA Suit Over Alleged Robocalls

    A Florida cruise line on Wednesday was hit with the latest in a series of proposed class actions accusing travel companies of robocalling consumers who say they never gave the company the go-ahead to call them.

  • January 23, 2020

    Nude Dancer Hits Fla. Club With Wage Suit

    A nude dancer has slapped a strip club with a Fair Labor Standards Act suit in Florida federal court, claiming it willfully misclassified her and other dancers as independent contractors, instead of as employees, and then avoided paying them wages by telling them they had to work for tips.

  • January 23, 2020

    Sun Capital Can’t Shake $42M Suit Over The Limited Loan

    Sun Capital Partners didn’t show that the trustee for The Limited Stores Co.’s bankruptcy missed the deadline to sue over a $42 million transfer, so the trustee’s case should go forward, a Delaware bankruptcy judge said Thursday.

  • January 23, 2020

    Murdered Sisters Not Enough To Win Asylum, 11th Circ. Says

    A Honduran asylum-seeker whose sisters were both murdered lost his bid to stay in the U.S. on Thursday after the Eleventh Circuit found he hadn’t proved he would face future danger if deported.

  • January 23, 2020

    Real Estate Rumors: Clarion, Microsoft, CIT Group

    Clarion Partners has reportedly sold a Florida retail center for $39.5 million, Microsoft is said to have dropped $52.3 million on 37 acres near O'Hare Airport, and CIT Group has reportedly loaned $87 million for a project near JFK Airport.

  • January 23, 2020

    CBD Buyer Fights Fla. Retailer's Bid To Toss False Ad Suit

    A consumer urged a Florida federal judge Wednesday to reject a CBD retailer's bid to toss her proposed class action, arguing that her allegations that the retailer overstates the amount of CBD in its gummies and oil are "classic" false advertising claims and have nothing to do with pending CBD federal regulations.

  • January 23, 2020

    Dycom Says Investors' Suit Is Based On A 'Thin Reed'

    Telecommunications infrastructure company Dycom Industries Inc. on Wednesday sought to end a shareholder’s proposed class action against it, telling a Florida federal judge that its investors had gone out on a limb with their allegations.

  • January 23, 2020

    Zantac Users Pile On Cancer Claims Ahead Of JPML Hearing

    Sanofi was hit with another proposed class action by a woman in Chicago who alleges the drugmaker failed to warn consumers that Zantac contained a potent carcinogen, a week before a panel decides whether to rope similar claims into multidistrict litigation.

  • January 22, 2020

    NHL's Panthers The Latest Target Of Spam Text Claims

    Two Florida residents are suing the Florida Panthers for allegedly violating the Telephone Consumer Protection Act by automatically enrolling them in "aggressive" text messaging marketing campaigns, marking the latest such suit against a major sports franchise in the Sunshine State.

  • January 22, 2020

    Bridgestone Unit Must Face Suit Over Man's Quadriplegia

    A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.

  • January 22, 2020

    Judge Confused By 11th Circ.'s Mandate In Biofuel Bankruptcy

    A Florida federal judge on Wednesday told former biofuel business partners fighting over what one claims was a bad faith involuntary bankruptcy that he’s not sure how to proceed in the case after the Eleventh Circuit vacated his ruling but gave no explanation why.

  • January 22, 2020

    MasTec Says Bribes Cost It $500M In Puerto Rico Work

    Florida-based engineering firm MasTec sued Mammoth Energy Services unit Cobra Acquisitions Tuesday, claiming a bribery scheme diverted $500 million worth of repair work for fixing Puerto Rico's hurricane-damaged electrical grid from MasTec to Cobra.

  • January 22, 2020

    11th Circ. Backs Citrus Grove In Pipeline Land Value Row

    The Eleventh Circuit affirmed Wednesday that a Florida federal court properly allowed a citrus grove owner to personally opine about the value of her land in a condemnation fight with a natural gas pipeline operator, ruling that her testimony wasn’t merely speculative because it drew from her property sales experience.

  • January 21, 2020

    Crypto Co. Can't Have More Time To Serve Foreign Firms

    A magistrate judge on Tuesday denied Florida cryptocurrency company United American Corp.’s request for another extension of its deadline to serve its antitrust suit on foreign crypto firms, saying the company has dragged its feet and does not deserve additional time.

  • January 21, 2020

    Fla. Pro-Pot Group Says Initiative Text Is 'Coddling' Voters

    A group backing a ballot initiative to legalize recreational marijuana in Florida told the state's Supreme Court Monday that the Legislature is asking for an "absurd degree of coddling" of voters by demanding the measure spell out that the amendment would not change federal law.

  • January 21, 2020

    Justices Zero In On Consent In Steel Plant Arbitration Fight

    The U.S. Supreme Court on Tuesday stressed that parties must consent to arbitration as it considered whether to allow nonsignatories to an international arbitration agreement to force arbitration of a dispute, an unsettled area of U.S. law that critics say has caused uncertainty for the international business community.

  • January 21, 2020

    Jury Absolves Ethicon In Pelvic Mesh Suit

    A Florida federal jury on Tuesday found that Johnson & Johnson subsidiary Ethicon isn't liable in a woman's suit alleging a defective pelvic mesh caused her constant pain.

  • January 21, 2020

    Real Estate Rumors: Shapack, Taco Bell, Madison Marquette

    A Shapack Partners venture has reportedly bought a Chicago office building for $7.8 million, Taco Bell is said to be leasing 4,050 square feet in Times Square, and Madison Marquette has reportedly bought a pair of Miami office buildings for $47.4 million.

  • January 21, 2020

    NFL Seeks Atty Fees Following Tossed Disability Benefits Suit

    Two NFL insurance plans want an injured player whose suit over unpaid disability benefits was recently dismissed to cough up $45,000 for their attorney fees, telling a California federal court the case was clearly frivolous and filed in bad faith.

  • January 21, 2020

    Royal Caribbean Spared Punitive Damages For Stormy Cruise

    A Florida federal judge has ruled that passengers on a Royal Caribbean cruise that got caught in a hurricane-strength storm won't be able to seek punitive damages against the cruise company because they failed to show the company intentionally put the ship in harm's way.

  • January 21, 2020

    Actresses, Models Say $900K Swinger Club Verdict Justified

    An “Amazing Race” contestant and 31 other models and actresses are urging a federal judge not to upend a jury’s nearly $900,000 award for a Miami-area club’s unauthorized use of their photos to promote swinger parties.

  • January 17, 2020

    High Court ERISA Case Has States, Pharmacies On Edge

    If the U.S. Supreme Court doesn’t side with the state of Arkansas and rule against pharmacy benefit managers in the newest ERISA case on its docket, states’ ability to regulate drug prices could suffer a body blow and many local pharmacies could go out of business, state lawmakers, officials and pharmacist groups warn.

  • January 17, 2020

    Philip Morris Avoids Punitives After $2.5M Cancer Verdict

    A Florida jury on Friday declined to impose punitive damages on Philip Morris after previously finding the tobacco company was to blame for a 41-year-old longtime cigarette smoker's death from lung cancer and awarding the man's daughter $2.5 million.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • Bias Case Gives Justices Chance To Rethink Title VII

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    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • Top 10 Employment Law Developments Of The Decade: Part 2

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    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • 2019 Trends In DOJ Civil Health Care Fraud Cases

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    Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 2019 Trends In DOJ Health Care Enforcement

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    Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Top 5 Drug And Medical Device Developments Of 2019

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    Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

  • The Top FMLA And ADA Decisions Of 2019: Part 1

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    In the first of two articles discussing last year’s most significant Family and Medical Leave Act and Americans with Disabilities Act decisions, Linda Dwoskin and Melissa Squire at Dechert review coverage for potential future disabilities, what constitutes sufficient notice of the need for leave, and working from home as a reasonable accommodation.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.