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Florida
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May 09, 2025
No Immunity For Fla. Cop Who Choked Driver, 11th Circ. Says
The Eleventh Circuit has ruled that a Florida police officer who allegedly choked and beat a compliant and subdued driver during a traffic stop is not entitled to qualified immunity on the driver's Fourth Amendment claims.
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May 09, 2025
Renewable Energy SPAC Taps Surging Market For $150M
EGH Acquisition Corp., a special purpose acquisition company targeting energy transition businesses, began trading Friday after raising a $150 million initial public offering, while another SPAC joined the pipeline as new filings continue to rise.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Vaping Co. Reaches Deal In Infringement Suit Against Rival
Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.
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May 09, 2025
AG Fights Ex-Immigration Judge's Disability Bias Claim In Fla.
U.S. Attorney General Pam Bondi pushed back Friday on a former immigration judge's bid for a disability discrimination ruling in her favor, telling a Florida federal court that her requested transfer wasn't approved since there were no vacancies in her desired Orlando court during her tenure.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Shutts & Bowen Eyes Sanctions Over Country Club Sale Suit
Florida firm Shutts & Bowen LLP is continuing its pushback against a real estate corporation's malpractice lawsuit alleging it sank the sale of a country club, this time serving a motion for sanctions in the state court.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal
Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.
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May 08, 2025
Class Attys Awarded $15M In $50M GM Faulty Fuel Pump Deal
A Michigan federal judge has given the final stamp of approval to a $50 million settlement resolving a class action that accused General Motors of selling diesel-powered trucks with defective fuel pumps, and awarded the consumers' lawyers $15 million in fees.
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May 08, 2025
Outback Steakhouse Beats Suit Over Woman's Fall Injuries
A New Jersey federal judge has dismissed a suit blaming Outback Steakhouse for causing a woman's fractured arm and leg after she slipped and fell at a Philadelphia area restaurant, saying she failed to identify what exactly caused her fall.
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May 08, 2025
Capital One Wants Trump Entities' 'De-Banking' Suit Tossed
Capital One urged a Florida federal court to dismiss a lawsuit by President Donald Trump's revocable trust and Eric Trump claiming the bank illegally canceled hundreds of Trump-affiliated accounts in the aftermath of the Jan. 6, 2021, attacks on the U.S. Capitol, arguing the complaint does not show the accounts were closed for political reasons.
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May 08, 2025
11th Circ. Revives Citigroup Cash Advance Fraud Suit Again
The Eleventh Circuit has, for the second time, revived a nearly decadelong suit against Citigroup that alleges the bank ran a massive cash advance fraud scheme, with the appeals court saying they "see things differently" from the district court, and that the plaintiffs have sufficiently pled each count of their complaint.
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May 08, 2025
Trump Names 8 More For US Attorney Spots
President Donald Trump has nominated eight more individuals for U.S. attorney posts, several of whom already are serving in the roles on an interim basis.
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May 08, 2025
Miami Atty Joins Arbitration Place After US Expansion
A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.
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May 08, 2025
Judge Reopens Helms-Burton Suit Against Trivago
A Florida federal judge agreed Thursday to reopen a paused proposed class suit against Trivago GmbH claiming the Expedia Inc. subsidiary has unlawfully profited from their property that was confiscated by Fidel Castro's government.
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May 08, 2025
11th Circ. Says Developer's I-20 Truck Stop Suit Out Of Gas
The Eleventh Circuit has backed a district court's dismissal of a property owner's suit challenging a metro Atlanta county ordinance that for years blocked him from developing his land into a QuikTrip gas station, ruling the county had a "rational basis" for its effective ban on new truck stops.
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May 08, 2025
Fla. Judge To Get Reprimand For Calling Attorney An 'Ass'
The Florida Supreme Court on Thursday accepted a recommendation from the state's judicial disciplinary body to publicly reprimand a state judge who has apologized for calling an assistant state attorney an "ass" and making other inappropriate remarks directed toward prosecutors.
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May 08, 2025
Fla. Judge Suspended For Spreading Campaign Gossip
A Florida state judge will be suspended for 10 days without pay after she admitted that actions she took during her 2022 reelection campaign violated the code of judicial conduct, the state Supreme Court ruled Thursday.
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May 08, 2025
Convicted Atty In Embassy Attack Seeks To Avoid Restitution
A Florida attorney sentenced to 8 ½ years in prison for damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., has asked the court to eliminate his $325,000 restitution obligation because of his inability to pay.
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May 08, 2025
Miami Atty Disbarred Over Insistence Of Foreclosure Fraud
The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.
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May 08, 2025
Rising Tide Of Trump Pardons Not Lifting All Boats, Attys Say
President Donald Trump signed off on more pardons and commutations during his first 100 days in office than any president in modern history while bypassing the traditional clemency process that goes through the U.S. Department of Justice, potentially giving false hope to those who believe they have a chance to benefit from the executive actions but lack White House connections.
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May 07, 2025
Celebs And YouTubers Nix Most FTX Investor Claims, For Now
A Florida federal judge Wednesday freed several high-profile celebrities and YouTubers from a majority of claims FTX investors lodged in a sprawling multidistrict litigation over the cryptocurrency exchange's collapse, slashing all but two of the investors' claims, including aiding and abetting.
Expert Analysis
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
Barrett Is Right: Immunity Is Wrong Framework In Trump Case
Justice Amy Coney Barrett’s concurrence in Trump v. U.S., where the majority opinion immunized former presidents almost entirely from criminal prosecution for official actions, rests on a firmer constitutional foundation than the majority’s immunity framework, says Matthew Brogdon at Utah Valley University.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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A Look At 5 States' New Data Privacy Laws
With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.