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Florida
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May 02, 2024
11th Circ. Urged To Clear Final Hurdle To Interstate Water Deal
As the finish line comes into view in Georgia and Alabama's decadeslong fight over water rights, the Peach State, the federal government and a host of local water providers are urging the Eleventh Circuit to reject a bid by environmental groups to block the U.S. Army Corps of Engineers' management proposal for the Apalachicola watershed.
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May 02, 2024
11th Circ. 'Emphatically' Upholds JCPenney's Sanctions Win
The Eleventh Circuit has affirmed a $63,000 sanction against an Alabama shopping mall amid its lease dispute with JCPenney, finding that the mall acted in bad faith by not notifying the court of a lack of diversity jurisdiction, eventually sinking the case — only after JCPenney won partial summary judgment and a later mediation failed.
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May 02, 2024
Holland & Knight Taps M&A Pro As Jacksonville, Fla., Leader
Holland & Knight LLP announced a leadership change in Florida this week with a mergers and acquisitions partner of more than 11 years and expert in venture capital law taking charge in Jacksonville.
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May 01, 2024
Ala., Fla. Trans Patients Urge 11th Circ. To Heed Bias Ruling
Attorneys representing transgender clients in Florida and Alabama have urged the Eleventh Circuit to heed a recent Fourth Circuit ruling striking down bans on state-funded coverage for gender-affirming medical care, saying the court ruled that the state policies violate federal law because their exclusions were based on gender identity and sex.
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May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing
The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
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May 01, 2024
No Relief For Fla. Adviser Convicted In $80M Trading Scam
The Eleventh Circuit on Wednesday affirmed the conviction of a Florida investment adviser who bilked more than $80 million from the hundreds of people he persuaded to invest in a fraudulent company, after concluding he was not in custody when he made statements to the police.
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May 01, 2024
Hotel Chains Hit With Algorithmic Pricing Collusion Suit
A group of hotel-goers has hit six major hotel chains with a proposed class action, alleging that the companies used a shared pricing algorithm to fix and raise hotel prices nationwide.
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May 01, 2024
Carnival Fails To Ditch 'Far From Perfect' Hot-Soup Suit
Carnival Cruise Lines can't escape a lawsuit seeking to hold it liable for second- and third-degree burns that a passenger suffered when hot soup spilled on her legs, a Florida federal judge has ruled, saying the complaint — "while not perfect" — gets the job done and can survive at this stage of litigation.
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May 01, 2024
Fla., NY, DC Join Suit Demanding Halt To NCAA's NIL Policies
Florida, New York and the District of Columbia on Wednesday joined Tennessee and Virginia in their antitrust lawsuit challenging the NCAA's policies on name, image and likeness rights, asking that the preliminary injunction barring enforcement of its NIL rules be made permanent.
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May 01, 2024
Judge Enjoins Baseball Bat Cos. In Fla. Trademark Fight
A pair of companies owned by ex-MLB player Yoenis Céspedes have won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.
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May 01, 2024
In Trump Staredown With NY Judge, 'Somebody Has To Blink'
Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements.
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May 01, 2024
Trump's Truth Social Stake Expands To Nearly 65%
Former President Donald Trump's stake in his social media platform rose to 65%, according to a securities filing, valuing his stake at more than $5 billion based on current trading, though Trump is barred from selling shares for several months.
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May 01, 2024
Army Corps Says Taking Over Fla. CWA Permits Is No Problem
The U.S. Army Corps of Engineers on Tuesday told the D.C. Circuit that, following a lower court's decision to strip Florida of its authority to administer a Clean Water Act permitting program, it has already taken over the work and expects no serious issues.
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May 01, 2024
Simpson-Led Mosaic Selling $1.5B Stake In Saudi Mining JV
Tampa-based fertilizer producer The Mosaic Co. said it has agreed to sell its 25% stake in a phosphate production joint venture to Saudi Arabian mining firm Ma'aden for more than 111 million shares of Ma'aden worth about $1.5 billion.
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April 30, 2024
Chiquita Capitalized On Colombian War, Victims' Families Say
Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.
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April 30, 2024
Chase Can't Escape Medical Services Co.'s Defamation Suit
A Florida federal judge refused Monday to toss a suit by a medical services company accusing JPMorgan Chase Bank NA of destroying its business by adding it to a "blacklist," canceling its transactions and falsely telling its business partners that sanctions typically applied to violators of international laws or human rights statutes caused the cancellations.
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April 30, 2024
Chancery Partially Vacates Trump Media Suit Fast-Track Order
A Delaware vice chancellor pulled the plug Tuesday on a bid to fast-track part of a suit brought by two co-founders of Trump Media & Technology Group against former President Donald Trump's Truth Social media company before it went public.
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April 30, 2024
$626M Fee Award In BCBS Deal Is Unjust, High Court Told
A member of the class that settled multidistrict litigation with Blue Cross Blue Shield for $2.67 billion over anti-competitive practices has asked the U.S. Supreme Court to take up his challenge to the $626 million attorney fees award in the settlement, arguing the Eleventh Circuit's approval of the award runs counter to high court precedent.
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April 30, 2024
Red States Attack Biden's Title IX Gender Expansion
A coalition of Republican-led states alleges the Biden administration illegally injected "gender ideology" in a rule expanding protection from discrimination in public education for people based on their gender identity or sexual orientation.
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April 30, 2024
Truth Social Investor Had No Criminal Intent, NY Jury Told
Counsel for a Florida investment pro accused of insider trading on advance knowledge of a deal to take public former President Donald Trump's media concern Truth Social argued to a Manhattan federal jury Tuesday that he acted in good faith.
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April 30, 2024
Alden Newspapers Allege OpenAI, Microsoft Rip Off IP
Eight regional newspapers owned by private equity giant Alden Global Capital sued OpenAI and Microsoft in New York federal court Tuesday, accusing the tech companies of ripping off the newspapers' copyrights and misappropriating news articles to train AI chatbots that also allegedly spread fake news falsely attributed to the newspapers.
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April 30, 2024
Atty Sanctioned Over Missed Depo During Solar Eclipse Trip
A Florida lawyer whose client missed his own deposition while the attorney was solar eclipse viewing has been ordered to pay related attorney fees incurred by AAA as the business fights a gender discrimination lawsuit.
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April 30, 2024
King & Spalding Adds Miami Atty To Gov't Investigations Team
A former federal prosecutor who was most recently a partner at Miami boutique Meland Budwick PA has joined King & Spalding LLP's special matters and government investigations practice, the firm announced Tuesday.
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April 30, 2024
New Florida Moms To Be Excused From Jury Duty
Florida women who have recently given birth will soon be excused from jury duty, with Gov. Ron DeSantis signing a bipartisan bill into law last week.
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April 30, 2024
State Telecom Roundup: Tech Companies As Public Utilities
It's long-settled law that common carriers and public utilities can't discriminate or deny service without good reason, which is perhaps why there is a push in at least three different states to have the definition of a common carrier expanded to cover tech titans like Google and Facebook.
Expert Analysis
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
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.
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Precise Advance Notice Bylaws May Help Prevent Disputes
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.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
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.
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Lessons From Country Singer's Personal Service Saga
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.
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What To Keep Tabs On In The NIL Arena This Year
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.
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5 Trade Secret Developments To Follow In 2024
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.
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What's On Tap For Public Corruption Prosecutions In 2024
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.
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Series
Baking Bread Makes Me A Better Lawyer
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.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
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.
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7 E-Discovery Predictions For 2024 And Beyond
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.
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Opinion
Conflicts Abound When Activist Short-Sellers Publish Reports
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.
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5 Litigation Funding Trends To Note In 2024
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.