Florida

  • July 31, 2025

    Injured Motocross Rider's Negligence Suit Teed Up For Trial

    A Florida federal judge has denied summary judgment in a lawsuit accusing a motocross event organizer of negligence after an accident at a Supercross Championship race left a professional rider paralyzed, ruling issues of material fact still exist regarding the reach and applicability of the waivers he signed.

  • July 31, 2025

    Fla. Judge Finds Car Photo Patents Unenforceable

    A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.

  • July 31, 2025

    Immigration Board Raises Bar To Fight State Drug Convictions

    The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to avoid deportation.

  • July 31, 2025

    Mercedes-Benz Can't Escape All Of Wood Veneer Crack Suit

    A Georgia federal judge won't dismiss the bulk of a proposed class action alleging that Mercedes-Benz Group AG sold vehicles with defective wooden trim veneer that cracked after extended use, leaving 11 of the 18 counts in the amended complaint alive.

  • July 31, 2025

    Fintech, BofA, JPMorgan Face Class Suit Over Cyberattack

    Financial software company Finastra Technology Inc., Bank of America and JPMorgan Chase Bank NA face a proposed class action alleging they failed to properly safeguard customers' personal information that was exposed by a data breach.

  • July 30, 2025

    11th Circ. Revives Ga. Atty's Race Bias Suit Against State Bar

    The Eleventh Circuit has revived a Georgia attorney's suit accusing the state's bar association of racial bias, finding that a district court wrongly dismissed the case for lack of jurisdiction.

  • July 30, 2025

    NFT Trademark Ruling Highlights Free Speech Limits In Art

    In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.

  • July 30, 2025

    Fla. RV Park's Suit Against Insurance Broker Revived

    A Florida appeals court on Wednesday revived a recreational vehicle park's claims that its insurance broker failed to get comprehensive insurance coverage and left the park owner on the hook for more than $1 million in hurricane damage to its RV hookup towers.

  • July 30, 2025

    8th Circ. Tosses Ruling Striking Binding NEPA Regulations

    The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.

  • July 30, 2025

    Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit

    A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.

  • July 30, 2025

    11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'

    A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act. 

  • July 30, 2025

    Noem Hit With Religious Discrimination Suit Over Ayahuasca

    A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.

  • July 30, 2025

    Fla. AG Allowed To Drop Sandoz Generics Price-Fixing Claims

    After several months of wrangling over the terms of a $10 million generic drug price-fixing settlement, a Connecticut federal judge on Wednesday granted Florida's request to permanently drop its claims against Sandoz, finding that it would be an abuse of discretion to hold up the resolution any longer.

  • July 30, 2025

    Buddhist Group's Suit Against Everglades Project Advances

    A Florida Buddhist center's suit against an Army Corps of Engineers project in the Everglades will continue after a district court judge determined the center plausibly argued that the potential impacts of the project's construction didn't become clear until at least 2022.

  • July 30, 2025

    RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict

    A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.

  • July 30, 2025

    Former NASCAR Employee Sues Over Data Breach

    A former NASCAR employee is spearheading a proposed class action against the racing organization in Florida federal court over its failure to prevent a data breach that saw the theft of sensitive user information.

  • July 29, 2025

    FCC Nixes Objection To Nonprofit's New Miami FM Station

    Three petitioners have been scrabbling before the Federal Communications Commission for the right to operate a new low-power station in a part of Miami that can only tolerate one station, and the agency has finally decided who gets it.

  • July 29, 2025

    Judiciary Advises Not Filling Next 10th Circ. Vacancy, For Now

    The Judicial Conference of the United States is recommending not filling the next vacancies on the U.S. Court of Appeals for the Tenth Circuit and a handful of district courts, for now, citing a "consistently low per-judgeship caseload" in those jurisdictions.

  • July 29, 2025

    Tesla Expert Says No Tech Would've Stopped Reckless Driver

    No improved autopilot technology would have changed the reckless behavior of the Tesla driver who caused a fatal crash in the Florida Keys, an expert psychologist told federal jurors Tuesday in the trial over whether the car's autopilot software contributed to the crash.

  • July 29, 2025

    11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit

    The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States." 

  • July 29, 2025

    Miami Defends Election Delay, Cites State Law Supremacy

    The city of Miami on Tuesday defended its decision to push municipal elections back by a year via ordinance, telling a state appeals court that the move is authorized by three state laws that supersede the city and county charters.

  • July 29, 2025

    Attys Blast 'Chilling Message' Of Judge Shopping Sanctions

    Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."

  • July 29, 2025

    Johnson Pope Grows With Criminal Defense Boutique Tie-Up

    Tampa criminal defense boutique Todd Foster Law Group, which was founded by a former FBI special agent, will join Johnson Pope Bokor Ruppel & Burns LLP, according to a Tuesday announcement.

  • July 29, 2025

    Judge Wants Docs On Feds' Role In Fla. Detention Center Suit

    A Florida federal judge has said agreements between the federal government and the state concerning the immigrant detention center in the Everglades dubbed "Alligator Alcatraz" could help the court decide if federal environmental laws are at play in a suit from environmental groups.

  • July 28, 2025

    Tesla Defends Autopilot Technology At Trial Over Fatal Crash

    Tesla vehicles with autopilot engaged reported fewer crashes than those without, a Tesla corporate representative told jurors Monday in a trial over a fatal Florida Keys crash.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'

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    If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

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