Florida

  • April 29, 2021

    Real Estate Rumors: Harbor Group, Arbor, Simon Property

    Harbor Group International has reportedly dropped $390 million on a multifamily portfolio, Arbor Management Acquisition is said to be eyeing a 236,740-square-foot mixed-use project in Florida, and a Simon Property Group venture has reportedly landed $450 million of CMBS financing for a Virginia mall.

  • April 29, 2021

    Developer Wants Theft Claim Cut From $100M EB-5 Fraud Suit

    A real estate developer urged a Florida federal judge on Thursday to toss several counts, including a claim for civil theft that could carry treble damages, from a suit brought by two Chinese nationals alleging that he duped foreign investors out of $100 million through an EB-5 visa scheme for a Florida project.

  • April 29, 2021

    Fla. Adopts Federal Summary Judgment Rule Outright

    The Florida Supreme Court chose Thursday to formally incorporate the federal summary judgment rule in the state's rules of civil procedure, opting against crafting a bespoke Florida rule in an effort to get the federal summary judgment standard to "take root" in the state.

  • April 29, 2021

    11th Circ. Affirms Tossing Of Defamation Suit Against Fla. Bar

    An attorney disbarred after a dispute about client settlement funds can't sue the Florida Bar for defamation over a grievance letter detailing the underlying allegations, the Eleventh Circuit has held.

  • April 29, 2021

    Fla. Jury Awards $2.4M Over Botched Prostate Surgery

    A Palm Beach, Florida, jury has awarded more than $2.4 million to a couple who alleged that a urologist's negligence during a prostate surgery caused internal ruptures that required several additional surgeries to treat and left the husband with little to no control over his bowels.

  • April 29, 2021

    Delta-8 Craze Puts Pot Attorneys On The Spot

    The legal gray area around a new cannabinoid called Delta-8-THC, which can be derived from hemp but promises to get users high, is putting lawyers in a bind as they try to advise clients hoping to take advantage of the new market.

  • April 29, 2021

    Fla. Bar Argues For Pending Case To Factor In Atty Sanctions

    An attorney disciplinary case before the Florida Supreme Court may shine more light on how pending actions could affect concurrent sanction recommendations.

  • April 28, 2021

    11th Circ. Revives Consumer's FCRA Suit Against Experian

    The Eleventh Circuit decided on Wednesday that credit reporting giant Experian shouldn't have been granted an exit from a consumer suit alleging it didn't adequately look into disputed information on a Florida man's credit report after he complained that it falsely said he was delinquent on a mortgage.

  • April 28, 2021

    Fla. Atty Accused Of Swindling NFL Players Faces Disbarment

    A Florida attorney who allegedly defrauded NFL players out of concussion settlement payments is facing a recommendation for disbarment from a court-appointed referee in a pair of consolidated disciplinary cases against him over his professional conduct in unrelated matters.

  • April 28, 2021

    Fla. Sues Feds For $97M In Denied Medicaid Reimbursements

    Florida has taken the U.S. Department of Health and Human Services to court on a claim that it improperly disallowed federal reimbursement of more than $97.5 million in payments the state made to hospitals and other health care providers through the Medicaid program from July 2006 through June 2013.

  • April 28, 2021

    11th Circ. Affirms Return Of Atty Fees To Criminal Defendants

    An Eleventh Circuit panel on Wednesday rejected arguments from a pair of attorneys that they were entitled to keep $7,000 in attorney fees after being disqualified from representing criminal defendants in a Georgia drug distribution case, affirming that the defendants should be reimbursed.

  • April 28, 2021

    Atlanta TV Station Escapes Doc's Suit Over Stem Cell Reports

    A doctor and two medical clinics can't sue a Fox-affiliated Atlanta television station for defamation in federal court over its reports on stem cell therapy treatments, a judge ruled Wednesday, because both the doctor and the station are based in Georgia.

  • April 28, 2021

    Real Estate Rumors: ROI Capital, Microsoft, JKM Developers

    ROI Capital Group has reportedly dropped $58.5 million on a Florida apartment complex, Microsoft is said to be eyeing a lease of as much as 42,000 square feet in Miami and JKM Developers has reportedly landed $27.45 million in financing for a Florida assisted-living project.

  • April 28, 2021

    Attys' 'Unprofessional Language' In Death Suit Angers Judge

    Attorneys representing both Royal Caribbean and the family of an 18-month-old who died after falling through a cruise ship window were forced to rewrite a slew of court filings in a wrongful death suit after a Florida federal judge chastised them for submitting briefs riddled with "unprofessional language."

  • April 28, 2021

    Raymond James Gets Bigger Chunk Of $8M Jay Peak Deal

    A Florida federal judge signed off on an amendment Wednesday that increases investment bank Raymond James & Associates' entitlement to recoveries in an $8 million settlement resolving claims against law firms implicated in the failed Jay Peak ski resort EB-5 immigrant investor scam.

  • April 28, 2021

    Hertz Cleared For New Ch. 11 Plan Sponsor Auction Schedule

    Car rental giant Hertz Global received permission Wednesday from a Delaware bankruptcy court for its last-ditch plan to solicit a topping bid on its Chapter 11 plan sponsorship deal that could trigger a competitive auction by mid-May.

  • April 28, 2021

    Hertz Wants $23M Coverage Suit For SEC Probe Revived

    Bankrupt car rental giant Hertz has asked a New York federal judge to give it another chance to go after two insurers the company says are on the hook for a $23 million legal bill relating to a U.S. Securities and Exchange Commission probe.

  • April 28, 2021

    DOJ Ends Trump-Era Grant Limitations On Sanctuary Cities

    The U.S. Department of Justice withdrew a Trump-era policy that prevented so-called sanctuary cities that limit cooperation with federal immigration authorities from accessing a $250 million grant program, according to an internal memo shared with Law360 on Wednesday.

  • April 28, 2021

    Bayer Rips 'Pay To Appeal' Charge In 11th Circ. Roundup Case

    Monsanto on Wednesday asked the Eleventh Circuit to disregard a letter sent by three third-party attorneys aiming to stop an appeal in one of the suits alleging its Roundup weedkiller caused cancer, saying they have no grounds to torpedo a settlement that led to the appeal.

  • April 28, 2021

    Ex-Royal Caribbean Employee Keeps Win Over Crushed Hand

    A Florida appeals court Wednesday upheld a former Royal Caribbean Cruises Ltd. crew member's win in a suit over an accident on board a ship that crushed her hand but sent the case back to the trial court to consider trimming the $20.3 million damages award.

  • April 28, 2021

    Ex-Akerman Partner Returns To Littler In Orlando

    Management-side employment law firm Littler Mendelson PC announced on Tuesday that a former shareholder out of its Orlando office would return this month after a stint at Akerman LLP.

  • April 27, 2021

    People's United Bank Will Pay $1.75M To Exit Jay Peak Suit

    People's United Bank NA will pay $1.75 million to end investor claims that the bank misappropriated their funds for the Jay Peak Ski Resort project in Vermont, the court-appointed receiver has told a Florida federal court.

  • April 27, 2021

    Robinhood MDL Attorneys Vie For Leadership Roles

    Competition is heating up among attorneys aiming to lead multidistrict litigation arising from retail investors' outrage after stock-trading app Robinhood and other broker-dealers blocked them from buying certain volatile stocks, including GameStop, earlier this year.

  • April 27, 2021

    Indivior Finalizes $300M Deal To End Suboxone Cases

    Pharmaceutical manufacturer Indivior has finalized an agreement to pay a total of $300 million to all 50 states to settle allegations it falsely and aggressively marketed the opioid-based drug Suboxone, an alleged scheme that led to the misuse of Medicaid funds, according to a settlement released by the California Attorney General's office Tuesday.

  • April 27, 2021

    11th Circ. Weighing Conspiracy Charge in Fla. Gambling Case

    A three-judge panel from the Eleventh Circuit questioned federal prosecutors Tuesday whether a crime had been committed if the intended victim hadn't been harmed in a conspiracy and money laundering case stemming from a charity bingo operation in the Florida Panhandle.

Expert Analysis

  • Fla. Tobacco Settlement Ruling Offers Caution On Contracts

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    The Florida Supreme Court's recent ruling that R.J. Reynolds must continue tobacco settlement payments to the state, despite having sold the cigarette brands at issue, is a warning to settling parties that their agreements will be strictly construed, say Agustin Rodriguez and Dascher Pasco at Troutman Pepper.

  • 11th Circ. Ruling Continues Expansion Of Legal Standing

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    In Breland v. U.S., the Eleventh Circuit recently approved a Chapter 11 debtor's standing to assert that a bankruptcy trustee appointment violated his 13th Amendment rights, contributing to a growing federal court trend that is dramatically expanding legal standing, say Joseph Pack and Jessey Krehl at Pack Law.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Fla. Ruling Opens Door To Foreign Asset Freeze Enforcement

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    Although U.S. courts have uniformly repudiated the use of the drastic worldwide asset freeze remedy, a recent Florida ruling in Gorsoan v. Bullock represents the clearest affirmation yet that so-called Mareva injunctions will have full force in the U.S. when entered into by foreign jurisdictions, say Christopher Kercher at Quinn Emanuel and Mark Forte at Conyers Dill.

  • Fla. Construction Defect Law Lacks Teeth, Despite Updates

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    Though a new bill updating Florida's alternative dispute resolution process governing construction defect claims will take effect in July, the law contains some significant shortcomings that remain unaddressed, says Adam Richards at Berger Singerman.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • Hashing Out IP And Legality Questions On Delta-8 THC

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    As the psychoactive cannabinoid delta-8 THC gains popularity, valid arguments for its legality under federal and state law have emerged, and viable options for enforceable intellectual property protections are available, say attorneys at Haynes and Boone.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • How Recent Fla. Consumer Cases Diverge On Improper Fees

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    Recent decisions from the Southern District of Florida signal an emerging split on how allegedly improper fees under the Florida Deceptive and Unfair Trade Practices Act are evaluated, adding to ongoing confusion over damages in such cases, say Aaron Weiss and Michael Zilber at Carlton Fields.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Circuit Split On Class Feasibility Offers Defense Opportunities

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    The Eleventh Circuit's recent opinion in Cherry v. Dometic Corp. adds to the disagreement among federal circuits over the role that administrative feasibility plays in a court's decision on certifying a purported class — but defense counsel may be able to leverage the split by moving cases to favorable forums, say attorneys at Troutman Pepper.

  • Perspectives

    Tougher Petition Drive Laws Would Constrict Key Citizen Right

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    Several states' proposed revisions to petition drive rules would make ballot initiatives harder to pass and rein in citizens' right to enact important policy changes, says Melanie Wilson Rughani at Crowe & Dunlevy.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • For Trucking Accident Plaintiffs, Access To Evidence Is Key

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    The country is relying more than ever on the trucking industry during the COVID-19 pandemic, but when trucking companies fail to properly manage drivers, plaintiffs attorneys can use statutes that enforce access to evidence to obtain justice for accident victims, says Sam Coffey at Coffey Trial Law.

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