Florida

  • March 19, 2024

    FTC Sends Benefytt's Sham Health Plan Buyers $100M

    The Federal Trade Commission is sending refund checks to hundreds of thousands of customers from the $100 million Benefytt Technologies Inc. paid to settle allegations that it deceptively marketed sham health plans as qualified under the Affordable Care Act.

  • March 19, 2024

    Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor

    The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.

  • March 19, 2024

    Clemson Sues Over 'Unconscionable' Fees To Exit ACC

    Clemson University on Tuesday sued the Atlantic Coast Conference in South Carolina state court, alleging that the conference is hindering its ability to explore alternative options regarding conference membership because it claims member institutions must pay an "unconscionable and unenforceable" $140 million to leave the conference.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Fla. City Atty Says Law Grants Immunity In Realty Fraud Suit

    An attorney for the city of Miami told a state appellate panel Tuesday that the law entitles her to sovereign immunity in a lawsuit in which she's accused of aiding her husband in a real estate fraud scheme, saying the allegations aren't specific enough to remove that protection from her.

  • March 19, 2024

    States Converge On Texas' Challenge To EPA Methane Rule

    A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.

  • March 19, 2024

    Vicente LLP Sues Recruiter Over Fee Demand In Failed Search

    Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.

  • March 19, 2024

    Fla. Judge Inclined To Grant CNN's Costs In Defamation Suit

    A Florida judge said Tuesday he might trim parts of CNN's $320,000 request for attorney fees and costs incurred defending a defamation suit brought by a West Palm Beach pediatric heart surgeon but declined the doctor's request for a wholesale reduction. 

  • March 19, 2024

    Nixed JetBlue-Spirit Deal Moots Antitrust Case, 1st Circ. Told

    The abandonment of JetBlue Airways Corp. and Spirit Airways Inc.'s $3.8 billion merger following a successful U.S. Department of Justice legal challenge moots a separate antitrust suit by air travelers seeking to block the tie-up, the airlines have argued to the First Circuit.

  • March 18, 2024

    Trump Claims ABC Aired False Info About Rape Accusations

    Former President Donald Trump on Monday lobbed defamation claims at ABC News and one of its hosts, claiming that they knowingly broadcast false and defamatory statements regarding Trump's liability stemming from writer E. Jean Carroll's multiple lawsuits against him.

  • March 18, 2024

    Judge Trims ADA Claims From Disney Worker's Vaccine Suit

    A Florida federal judge ruled Monday that a Disney employee fired for failing to comply with COVID-19 procedures cannot bring claims under the Americans with Disabilities Act because the law does not cover potential future disabilities, like the risk of infection from not being vaccinated.

  • March 18, 2024

    Fla. Doc's Patient Info Subpoena Seeks Too Much, Court Says

    A Florida state trial judge shouldn't have approved subpoenas seeking a decade's worth of medical records from a patient who filed a malpractice suit against a doctor and hospital system, an appeals court has ruled, saying the defendants were allowed to cast "too wide a net."

  • March 18, 2024

    The Biggest Trade Secrets Awards In The Last 5 Years

    Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.

  • March 18, 2024

    Voyager Investors Suing Mark Cuban Seek Class Cert.

    Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. have pushed for class certification and urged the court to rule that Voyager was selling unregistered securities.

  • March 18, 2024

    11th Circ. Urged To Nix Ala. Coach's Win In Gender Bias Suit

    Alabama State University has urged the Eleventh Circuit to reverse a win for the school's former softball coach, who claimed she was suspended because of her gender, saying she did not demonstrate a case of bias.

  • March 18, 2024

    Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program

    A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.

  • March 18, 2024

    NYSE Moves To Boot Wilbur Ross-Backed SPAC

    Ross Acquisition Corp. II, a special-purpose acquisition company founded by former U.S. Commerce Secretary Wilbur Ross, disclosed Monday the New York Stock Exchange has suspended trading of its shares and began the delisting process after the SPAC failed to complete a merger within the required three-year time frame.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 18, 2024

    Ex-CEO Sues Trump-Tied SPAC For Litigation, Probe Fees

    A director and former CEO of Donald Trump-tied Digital World Acquisition Corp. has sued the venture in Delaware's Court of Chancery, seeking legal fee advancements from DWAC for costs arising from federal probes, lawsuits in multiple states and potential fiduciary breach claims.

  • March 15, 2024

    Real Estate Authority: Realtor Settlement, Women's Soccer

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.

  • March 15, 2024

    ​​​​​​​Chiquita MDL Experts Aren't Reliable, Parties Say

    A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.

  • March 15, 2024

    Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told

    A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."

  • March 15, 2024

    Dram Shop Law Clarified By Fla. Justices' Negligence Ruling

    The Florida Supreme Court's recent decision not to reinstate a nearly $31 million jury award against a bar that served alcohol to an underage person who later crashed into a pedestrian was the right call, experts said, and provided much needed clarity on the state's dram shop statute.

  • March 15, 2024

    Bitcoin 'Founder' Held In Contempt For Disclosure Delay

    A Florida federal judge on Friday held self-professed bitcoin inventor Craig Wright in civil contempt for delaying disclosure of financial information to the holder of a $143 million judgment against him and said a sanctions award of reasonable attorney fees and costs would be appropriate.

  • March 15, 2024

    Fla. Jury Lets Insurer Off Hook For $12M Award

    A Florida federal jury on Friday found that National Indemnity Company of the South did not act in bad faith in its handling of claims against a Florida Keys construction and landscaping company and the company's employee over a fatal car crash that led to an $11.8 million judgment.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Precise Advance Notice Bylaws May Help Prevent Disputes

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    While the Chancery Court's December decision in Kellner v. AIM Immunotech shows that Delaware courts won't always uphold advance notice bylaws, and its willingness to selectively enforce or invalidate individual provisions doesn't create an incentive for companies to be surgical in their drafting, companies should nonetheless be precise when drafting such bylaws to avoid unnecessary disputes, say attorneys at Debevoise.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • What To Keep Tabs On In The NIL Arena This Year

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    The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • What's On Tap For Public Corruption Prosecutions In 2024

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    All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

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