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April 26, 2024
Crypto Mining Co. Execs Face Suit Over Merger Shortcomings
Executives and directors of crypto mining company Hut 8 have been hit with a shareholder derivative suit claiming they failed to disclose the severe financial and operational issues of a company Hut 8 merged with last year, later revealed in a short-seller's report.
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April 26, 2024
Judge Made Right Call To Save DHS Parole Program, Feds Say
The Biden administration has assured a Texas federal judge that he made the right call tossing a lawsuit that Republican-led states launched challenging a parole program for Cubans, Haitians, Nicaraguans and Venezuelans, saying evidence showed that the program didn't financially harm the states.
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April 26, 2024
Cannabis Retailer MedMen Files For Bankruptcy In Canada
American cannabis retailer MedMen Enterprises Inc. said Friday that it had filed for bankruptcy in Canada, citing CA$561.5 million ($410.4 million) of liabilities months after the company's stock plunged and executives departed despite having sold off assets to raise money.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
Soccer Star Says Binance Is Target Of $1B Fla. Suit, Not Him
Portuguese soccer star Cristiano Ronaldo has urged a Florida federal judge to dismiss a $1 billion proposed class action lawsuit against him over promoting Binance.US, saying the embattled cryptocurrency exchange is listed as the target of the suit — in an "apparent Freudian slip" — instead of him.
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April 26, 2024
Real Estate Authority: Homelessness, PFAS, Flood Zones
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 U.S. Supreme Court arguments over local homelessness policies, real estate attorney reactions to new rules on "forever chemicals," and the U.S. Department of Housing and Urban Development's latest take on building standards in flood zones.
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April 26, 2024
Fla. Wants DC Circ. To Pause Wetlands Permits Decision
The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 26, 2024
Florida's Top Judge Tapped For 2nd Term As Chief Justice
Florida Supreme Court Chief Justice Carlos G. Muñiz will serve a second term as the top administrative officer of the state's judicial system.
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April 26, 2024
RJR Gets $12M Judgment Tossed In Tobacco Death Suit
A Florida appeals panel on Friday threw out a $12 million judgment against R.J. Reynolds Tobacco Co. in a wrongful death suit by the wife of a smoker, saying the evidence didn't support the jury's finding in the wife's favor on her conspiracy to fraudulently conceal claim.
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April 26, 2024
Insurer Can't Avoid Coverage Suit Against Escrow Agent
First American Title Insurance Co. must continue to be a party in Wesco Insurance Co.'s declaratory action seeking to avoid covering claims that Wesco's insureds improperly diverted escrow funds in real estate transactions to third parties with no valid claims to the funds, a Florida federal court ruled.
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April 26, 2024
Tampa Bay Rays Owner Settles Suit With Minority Owners
Tampa Bay Rays majority owner Stuart Sternberg has agreed to settle a lawsuit by the Major League Baseball team's minority owners accusing him of trying to squeeze them out of profits.
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April 25, 2024
Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility
The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.
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April 25, 2024
Outlets Ask Fla. Court To Toss Trump's $1.5B Truth Social Suit
Several news outlets that were sued by Donald Trump's social media company over reports that it lost $73 million following a merger have urged a Florida state court to dismiss the lawsuit, saying defamation wasn't sufficiently alleged and the articles were substantially true.
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April 25, 2024
The Gateway Pundit Parent Co. Hits Ch. 11 In Florida
The parent company of far-right media outlet The Gateway Pundit has filed for Chapter 11 bankruptcy protection amid legal liabilities stemming from the company's coverage of the 2020 presidential election, including false claims that two Georgia election workers engaged in ballot fraud.
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April 25, 2024
3 Accused Of $36M COVID Test Fraud Scheme In Fla. Case
Three owners of laboratories spanning the U.S. were indicted by a grand jury in Florida on federal charges that they conspired to defraud the U.S. government by more than $36 million in a scheme that involved submitting false COVID-19 testing claims to healthcare benefit programs.
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April 25, 2024
Chancery Seeks More Info About Bond In Truth Social Case
A Delaware vice chancellor said Thursday she needs more information from the sponsor of the blank-check company that took Donald Trump's Truth Social public about a bond it requested during litigation with some of the company's stockholders.
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April 25, 2024
Fla. High Court Says PIP Law Doesn't Mandate 100% Payment
The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.
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April 25, 2024
Former Fuel Co. GC, CEO Must Pay $750K In SEC Fraud Suit
The former general counsel and CEO of an Arizona fuel company accused of conspiring to defraud investors out of $30 million have reached consent orders with the U.S. Securities and Exchange Commission and agreed to pay nearly $750,000 in fines, disgorgement and restitution.
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April 25, 2024
EEOC Pregnant Worker Rule Draws Suit From Red State AGs
A group of 17 Republican state attorneys general hit the U.S. Equal Employment Opportunity Commission with a lawsuit Thursday over the agency's recently finalized Pregnant Workers Fairness Act regulations, saying the EEOC's stance that the PWFA encompasses abortion-related workplace accommodations is unconstitutional.
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April 25, 2024
Fla. Sues ACC, Saying Media Contracts Are Public Records
Florida's attorney general sued the Atlantic Coast Conference on Thursday, claiming the collegiate athletic conference wrongfully withheld media rights contracts from public review that are at the center of Florida State University's fight to leave the ACC.
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April 25, 2024
Celebrity Cruises' Morgues Are 'Run To Fail,' Family Claims
The family of a man who died aboard a Celebrity Cruises ship and whose body decomposed after being stored in an ill-equipped cooler is urging a Florida federal judge to reject the cruise line's bid for an exit from its suit, arguing the company's "run-to-fail" maintenance programs for its shipboard morgues made it inevitable a morgue would break while storing a body.
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April 24, 2024
Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit
Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.
Expert Analysis
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Why All Eyes Are On Florida's Affordable Housing Reform
Florida's Live Local Act, which took effect last month, promotes much-needed affordable housing developments with a mix of zoning preemption provisions and tax benefits that may attract interest from developers across the nation, say attorneys at Nelson Mullins.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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ESG Mandates For Banks May Bring Compliance Challenges
As jurisdictions expand their ESG or anti-ESG mandates to encompass banks that hold public funds, depository institutions should prepare to dedicate meaningful resources to these new requirements, and expect a few bumps in the road as the debate over use of environmental, social and corporate governance factors continues in the U.S., say attorneys at Mintz.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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Ch. 11 Ruling Informs On Social Media Ownership Rights
Social media users now have useful guidance regarding account ownership rights following a federal bankruptcy court's recent ruling in the Vital Pharmaceuticals Chapter 11 case, which rejected the notion that advertised content alone could create a presumption of ownership for the advertised business, say Deborah Enea and Thomas Dockery at Troutman Pepper.
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The Hurdles Of Class Noticing In Crypto Class Actions
Amid the growing number of cryptocurrency-related class action lawsuits, there are challenges relating to notifying potential class members, as the methods for traditional class actions may not work in these cases, say Loree Kovach and Nicholas Schmidt at Epiq.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Parsing FTC's Intercontinental-Black Knight Merger Challenge
The Federal Trade Commission's recent Article III case challenging a merger between Intercontinental Exchange and Black Knight suggests the agency is using a structuralist approach to evaluate the merger's potential anti-competitive harm, says David Evans at Kelley Drye.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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And Now A Word From The Panel: 55 Years Of The JPML
As the Judicial Panel on Multidistrict Litigation marks its 55th birthday, Alan Rothman at Sidley looks back at its history and finds that, while some features of MDL jurisprudence have changed over the decades, the most remarkable aspect of the panel's practice has been its consistency.
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Employer Pointers From Tiger Woods' Legal Dispute With Ex
Ex-girlfriend Erica Herman's sexual harassment suit against Tiger Woods, which was recently sent to arbitration, highlights the need for employers to understand their rights and responsibilities around workplace relationships, nondisclosure agreements and arbitration provisions, say Stephanie Reynolds and Sean McKaveney at Fisher Phillips.
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Why Seminole Tribe Sports Betting Ruling Is A Net Positive
The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.