Florida

  • November 15, 2019

    RJR, Phillip Morris Owe $157M To Smoker's Widow, Jury Says

    A pair of tobacco giants face a total $157 million verdict after jurors in a Florida state court granted the husband of a man who died of lung disease nine-figure punitive damages for their decades-long conspiracy to bury the risks of smoking.

  • November 15, 2019

    Geico Freed From $14.4M Verdict Over Catastrophic Fla. Crash

    A Florida state appeals court has overturned a $14.4 million trial judgment over a car passenger's devastating injuries in a crash, saying Friday the case was actually resolved years before trial when Geico, the driver's insurer, accepted a $10,000 settlement offer late on the day the offer was due to expire.

  • November 15, 2019

    Health Clinic Wasn't Negligent In Treating Woman, Jury Says

    A Florida jury has cleared an OB-GYN clinic of a patient's claims that its doctors’ negligence let her ectopic pregnancy slip through the cracks, causing her to lose her only Fallopian tube.

  • November 15, 2019

    Real Estate Rumors: Rockwood, Kushner, Landmark

    Rockwood has reportedly joined Deutsche Bank on a $365 million CMBS Manhattan loan, Kushner Cos. reportedly will need to renegotiate a $285 million New York loan with Deutsche and Landmark Cos. is said to have dropped $30 million on a Florida apartment complex.

  • November 15, 2019

    Fla. Hospital Keeps Trial Win In Patient Sex Assault Case

    A Florida appeals court on Friday affirmed a defense verdict in a suit seeking to hold a hospital liable for a patient’s sexual assault, saying the trial judge didn’t err by excluding hospital records regarding past sexual assault incidents.

  • November 15, 2019

    Exception To Attys' Fee Rule Misapplied, Fla. Court Says

    A Florida state appeals court ruled Friday that a lower court erred when it applied an exception to a general rule against awarding attorneys' fees incurred litigating the amount of a fees award and made such an award to a homeowner who prevailed in a mortgage foreclosure suit.

  • November 15, 2019

    CBD Retailer Says Dosage Suit Doesn't Show Actual Injury

    A Florida cannabidiol retailer has asked a federal court to toss a proposed class action claiming its products do not contain the advertised amounts of CBD, saying federal regulation allows some leeway for actual amounts of natural nutrients in dietary ingredients.

  • November 15, 2019

    Atlantic Salmon Farmers Snagged In US Cartel Probe

    Following raids from European enforcers earlier this year, the U.S. Department of Justice's Antitrust Division has opened a criminal investigation into allegations of collusion in the Atlantic salmon farming industry.

  • November 15, 2019

    11 Firms To Guide 6 IPOs Led By Florida REIT, Crypto Miner

    Eleven firms are set to steer six initial public offerings that could raise $616 million in the week of Nov. 18 — the market's last full week before the Thanksgiving break — led by a real estate investment trust, a cryptocurrency miner and two acquisition-hungry blank check companies.

  • November 15, 2019

    Seminole Tribe Claims It's Immune To Church Takeover Suit

    The Seminole Tribe of Florida invoked its sovereign immunity in calling Thursday for a federal court to toss a Haitian Baptist church's lawsuit alleging several armed tribal police officers helped the widow of a former pastor seize control of its property and lock out church members.

  • November 15, 2019

    Taxation With Representation: Gibson, Cleary, Latham

    In this week’s Taxation With Representation, Compagnie de Saint-Gobain SA pays $1.4 billion for a drywall maker, an Apollo Global Management affiliate takes Tech Data private for $5.4 billion and a blank check company buys Grid Dynamics International.

  • November 14, 2019

    Fla. Judge Scolded For 'Inappropriate' Conduct At Murder Trial

    The Florida Supreme Court ordered Thursday a public reprimand for a state judge for inappropriate behavior in two cases, including telling a murder defendant during his sentencing hearing that she hoped he would "fight for his life every minute" or die within the next six weeks.

  • November 14, 2019

    Insurer Wants Zip Line Co. Sanctioned For 'Baseless' Suit

    The Hong Kong arm of AIG urged a Florida federal court on Thursday to sanction a zip line operator for filing "frivolous" litigation centering on whether a yearslong dispute over coverage for a $66.5 million personal injury award must be arbitrated or litigated.

  • November 14, 2019

    Timeshare Biz Sues Firm Over Promises To Contract Owners

    Timeshare company Bluegreen Vacations has slapped a Missouri law firm with a false advertising lawsuit in Florida federal court, claiming it can’t legally make good on its promise to help share owners cancel their timeshare contracts.

  • November 14, 2019

    Class Attys In Geico Tax Suit Deserve $6.3M Fees, Judge Says

    A Florida magistrate judge has recommended a $6.3 million award for the attorneys who secured a $6.5 million judgment over allegations that Geico shorted drivers by failing to pay sales tax and transfer fees on totaled leased vehicles.

  • November 14, 2019

    Denny's Pay Below Minimum Wage, Even With Tips, Suit Says

    Denny's Inc. was hit with a Fair Labor Standards Act lawsuit Wednesday in federal court in Miami alleging the national restaurant chain has improperly paid servers below minimum wage based on the law's "tip-credit" provisions without meeting several of the provisions' requirements.

  • November 14, 2019

    Real Estate Rumors: Dream Hotels, Zaragon, Carlyle

    A Dream Hotels venture has reportedly sold a Chicago property at a loss for $13 million, Zaragon is said to have dropped $12 million on a former USA Today distribution site in Florida, and a financing arm of Carlyle Group and Slate Property is said to have loaned $44 million for a Manhattan development site.

  • November 13, 2019

    3rd Circ. Needn't Weigh Robocall Exemption Ax, Feds Say

    The federal government is rallying against a Florida utility's bid for the Third Circuit to review a ruling that found a controversial carveout to the Telephone Consumer Protection Act's robocall ban to be unconstitutional, arguing that the holding is consistent with several other appellate decisions on the issue.

  • November 13, 2019

    CFPB's Constitutionality Pivot Won't Kill Ocwen Servicing Suit

    A Florida federal judge said Wednesday that he is not convinced the Consumer Financial Protection Bureau is unconstitutionally structured, even if the agency's head says otherwise, and declined to end an enforcement action against Ocwen Financial Corp.

  • November 13, 2019

    Miami Boutique Mark Migdal Adds 2 Experienced Litigators

    Miami-based Mark Migdal & Hayden has added a pair of new partners, who said they were attracted by the litigation boutique's progressive culture and entrepreneurial approach as well as its track record of taking on big cases and prominent clients.

  • November 13, 2019

    Bitmain Says Antitrust Accuser Missed Service Deadline

    A Chinese cryptocurrency company and one of its co-founders on Tuesday told a federal judge in Florida it should not have to face an antitrust action, contending its accuser missed the deadline to serve it and overstated the unit's ties to the Sunshine State.

  • November 13, 2019

    Two Firms Seek Lead In Investor Suit Against Vape Distributor

    Glancy Prongay & Murray LLP and Robbins LLP have both requested appointment as lead counsel in a shareholders' putative class action accusing Greenlane of keeping quiet on anticipated regulatory issues ahead of the e-cigarette distributor's initial public offering.

  • November 13, 2019

    SEC Urges 11th Circ. To Not Touch Its Win In $5M Fraud Row

    The U.S. Securities and Exchange Commission has urged the Eleventh Circuit not to overturn its win in a Georgia federal court case where an Alabama attorney was ordered to pay nearly $5 million for purportedly defrauding former NBA star Charles Barkley and other investors out of millions of dollars.

  • November 13, 2019

    Real Estate Rumors: Group One, IManage, Bank Of China

    Group One Investments has reportedly sold a Florida building for $10.2 million, iManage is said to be close to taking roughly 80,000 square feet in Chicago, and Bank of China has reportedly loaned $166 million for a new mixed-use building in Manhattan.

  • November 13, 2019

    Esformes, Feds At Odds On Frozen Assets To Cover Legal Bill

    The judge overseeing the health care fraud case against convicted nursing home mogul Philip Esformes declined Wednesday to rule on his request to access frozen assets to cover millions of dollars in unpaid legal bills but set the stage for a colleague to address a brewing battle with the government over the issue.

Expert Analysis

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Retaining Federal Jurisdiction After Fed. Circ. License Ruling

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    Following the Federal Circuit's recent holding in Inspired Development v. Inspired Products that unjust enrichment claims pertaining to a license agreement did not arise under federal patent law, parties can keep jurisdiction on their side by drafting licensing agreements with an eye toward litigation and carefully selecting claims to assert, say Jeffrey Whittle and Christopher Limbacher of Womble Bond.

  • 2 FTC Cases Take A Stand Against Online Endorsement Fraud

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    Businesses involved in e-commerce should take careful note of the Federal Trade Commission's recent cases against Sunday Riley Modern Skincare and Devumi, because until now consumer protection agencies have struggled to govern fake reviews and false indicators of brand value online, says Brad Elbein at Culhane Meadows.

  • An Inside Look At PFAS Regulatory Action: Part 2

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    In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

  • An Inside Look At PFAS Regulatory Action: Part 1

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    In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.