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Florida
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February 06, 2025
Tesla Fatal Crash's Tentative Trial Date Hinges On Fla. Justices
The parents of a teenager who died in a crash involving a Tesla told a Florida state judge Thursday they'd be willing to drop an appeal to require deposition testimony from CEO Elon Musk on an alleged conversation regarding a speed limiter if that means finalizing a trial start date.
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February 06, 2025
SEC 'Exposes Lunacy' Through Its Dueling Suits, PE Firm Says
A South Carolina private equity fund said Thursday the U.S. Securities and Exchange Commission is trying to gut it through a Florida lawsuit, telling a Texas judge the commission made "out of touch statements" on how the litigation will harm its business.
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February 06, 2025
No Imminent Plans To Publish Jan. 6 FBI Agents List, DOJ Says
FBI agents were unable to strike a deal Thursday that would block the federal government from releasing a list of FBI employees who investigated the Jan. 6, 2021, insurrection at the U.S. Capitol, but the U.S. Department of Justice told a judge it does not immediately intend to make that information public.
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February 06, 2025
Insurance Co. Must Cover Truck Driver Injury, 11th Circ. Rules
The Eleventh Circuit has affirmed a Georgia federal judge's decision to hand a win to a transport company in a coverage dispute with Crum & Forster Insurance, ruling the insurer must cover a workers' compensation claim brought by a trucker maimed in an accident.
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February 06, 2025
Broker Sued In $79M Bezos Deal Has To Replead Defenses
A Florida judge on Thursday struck most of the defenses put forth by Douglas Elliman LLC against accusations that it misrepresented that Amazon founder Jeff Bezos was not the true purchaser of a $79 million Miami property, but told the real estate broker it could assert the defenses again with more facts to support them.
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February 06, 2025
Tort Report: Kiss Death Suit Must Be Axed, Band Says
A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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February 06, 2025
Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit
A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.
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February 06, 2025
Honeywell To Split Into 3 Entities After Activist Pressure
Industrial conglomerate Honeywell, advised by Skadden Arps Slate Meagher & Flom LLP, on Thursday unveiled plans to fully separate its automation and aerospace technology businesses, which when paired with the company's previously announced plan to spin off its advanced materials business, will result in three separate publicly traded companies.
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February 06, 2025
Steel Co., Ex-Worker To Settle 401(k) Mismanagement Suit
A steel manufacturer agreed to settle a proposed class action claiming it loaded its 401(k) plan with unreasonable fees and risky investment options, the worker leading the suit told a Florida federal court.
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February 05, 2025
GAO Says Bidder Not Prejudiced By Solicitation 'Ambiguity'
The Government Accountability Office rejected a Virginia-based contractor's challenge to the U.S. Transportation Security Administration's denial of its $74 million security screening contract proposal, saying it was not prejudiced by the agency's "latent ambiguity" in its solicitation.
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February 05, 2025
EmpiresX Crypto Platform Operators Ordered To Pay $129M
A Florida federal court has entered a default judgment against two Brazilian co-founders and the head trader of the EmpiresX trading platform, ordering them to pay more than $129 million for allegedly taking investor funds in a fraudulent commodity pool scheme and lying that their money wasn't used to trade cryptocurrencies.
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February 05, 2025
'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules
The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
Berger Singerman Aims To Sink Hurricane Malpractice Suit
Berger Singerman LLP and one of its attorneys are hoping to escape a malpractice lawsuit related to hurricane damages brought by former client ARC Resorts LLC, saying its decision to list only the name of a property on particular notices was tactical and not negligent.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
Maryland Judge Blocks Trump Birthright Citizenship Order
A Maryland federal judge on Wednesday issued a nationwide injunction blocking President Donald Trump's executive order ending birthright citizenship.
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
Senate Confirms Pam Bondi To Be AG
The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi to be attorney general.
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February 04, 2025
Lindberg Fights NC Charging Order Against His Florida Co.
Convicted mogul Greg Lindberg has told the North Carolina state appeals court that an insurer he's accused of defrauding can't collect a $524 million judgment against him by going after his out-of-state holding company, arguing that the trial court has no power over him or his business in Florida.
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February 04, 2025
11th Circ. Urged To Adopt 'Consensus' On Officers' Immunity
A Georgia woman who was subjected to a strip and cavity search while visiting her husband in prison urged the full Eleventh Circuit on Tuesday to build on its prior ruling that her rights had been violated and to sweep away the prison officials' defenses of qualified immunity.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
Ex-Celsius VP Cops To Insider Trading In Florida Case
A former vice president and head accountant of Celsius Holdings Inc. pled guilty to insider trading Tuesday in Florida federal court, admitting that he used confidential information about sales expectations to buy securities in the energy drink company and sold them a month later at a profit.
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February 04, 2025
Walmart Gets Arbitration In Fla. Delivery Fee Tax Fight
An accusation that Walmart unlawfully charged Florida customers sales tax on delivery fees will go to arbitration, a federal judge ruled Tuesday, saying shoppers agreed to arbitration when they accepted the terms of use of the retailer's website.
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February 04, 2025
FBI Agents, Workers Sue To Stop Trump's Threatened Purge
FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.
Expert Analysis
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Opinion
Revised Fla. Rules Of Civil Procedure Will Modernize Litigation
Excerpt from Practical Guidance
The landmark amendments to the Florida Rules of Civil Procedure that took effect on Jan. 1 may require significant adjustments to practice and case management approaches, but the changes should ultimately reduce the cost and burden of modern litigation, and foster a more efficient and equitable justice system, says retired Florida state judge Ralph Artigliere.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.