Florida

  • May 13, 2022

    Taylor English Adds Ward Damon Litigator In Fla.

    Taylor English Duma LLP has added a longtime Ward Damon PL attorney as a partner in Florida.

  • May 12, 2022

    Insurer Lands 11th Circ. Win In Canceled Trip Dispute

    The Eleventh Circuit grounded a dispute over a man's canceled trip to Colombia on Thursday, agreeing with a Florida federal judge that his Racketeer Influenced and Corrupt Organizations Act claim against an Allianz unit failed since he "received exactly what he bargained and paid for" when obtaining a traveler's policy.

  • May 12, 2022

    Cannabis Co. Nabs Atty Fees In CBD Cream Patent Row

    A Florida federal judge granted a motion for attorney fees from NoXeno Health Sciences Inc., stating that the cannabis company was entitled to litigation cost reimbursement since it had won summary judgment and since the plaintiff had repeatedly failed to respond to any of NoXeno's arguments.

  • May 12, 2022

    11th Circ. Says No Counsel Needed Before Immigration Judge

    A split Eleventh Circuit panel on Wednesday denied a Haitian asylum seeker's request to review a removal order, saying the man was not entitled to counsel when he appeared before the immigration judge who reviewed his asylum request.

  • May 12, 2022

    11th Circ. Affirms Asylum Denial For Indigenous Guatemalan

    The Eleventh Circuit on Wednesday denied a petition for review of a U.S. Board of Immigration Appeals decision denying asylum to a Guatemalan man after finding that the protected social group he proposed — young Mayan descendants subject to discrimination — is "impermissibly circular" and not cognizable.

  • May 12, 2022

    Magistrate Backs Own Warrants In Oncology Antitrust Case

    A magistrate judge has told a Florida federal court it should deny a bid from the founder and former president of an oncology group accused of splitting the market with a competitor to challenge a pair of search warrants the magistrate issued during the investigation.

  • May 12, 2022

    TGIF: Why Juries Love To Start The Weekend With A Verdict

    "TGIF" means something different in trial courts: That a jury might finally make up its mind. Here, Law360 takes a look at the phenomenon of the Friday afternoon verdict and why it seemingly happens so often.

  • May 12, 2022

    Pension Fund Asks 11th Circ. To Revive Suit Against MiMedx

    The Carpenters Pension Fund of Illinois told the Eleventh Circuit on Wednesday a lower court wrongly held the fund couldn't establish a causal connection between its losses and the alleged wrongdoing of MiMedx Group Inc. and its top brass "despite a robust record of fraudulent misconduct."

  • May 12, 2022

    Miami's Latest Real Estate Boom May Indicate New Reality

    As Miami climbs out of the COVID-19 pandemic boasting one of the hottest real estate markets in the nation, local attorneys and other experts say they see reasons for optimism that the city has moved past its history of boom-and-bust cycles for good.

  • May 12, 2022

    Real Estate Rumors: Catholic Health, Krymchantowski, P&S

    Catholic Health has reportedly broken ground on a $500 million expansion on Long Island, investor Michael Krymchantowski is said to be planning a hotel and residential project in Miami, and P&S Hospitality Corp. is reportedly hoping to build a new hotel in Fort Lauderdale, Florida.

  • May 11, 2022

    Walgreens' Opioid Orders Like A 'Time Bomb,' Judge Told

    The increasing numbers of opioids ordered by Walgreens pharmacies after 2010 felt like an uncontrollable "ticking time bomb," a former warehouse manager for the company said in recorded testimony screened Wednesday at a bellwether trial over claims the drugstore giant and others illegally fueled San Francisco's opioid epidemic.

  • May 11, 2022

    Congress Needs To 'Shame' Cos. On Kids' Privacy, Rep Says

    A House Democrat on Wednesday urged Congress to move quickly to update "woefully outdated" online privacy protections for kids and vowed to continue "shaming" social media companies into changing how they track and keep children engaged with their platforms. 

  • May 11, 2022

    Fla. Judge Says DeSantis' Map Hampers Black Voters' Choices

    A Florida state court judge on Wednesday blocked a congressional district map backed by Republican Gov. Ron DeSantis, ruling from the bench that the map is likely unconstitutional because "it diminishes African Americans' ability to elect representatives of their choice."

  • May 11, 2022

    Fla. Court Erases $148M Punitive Damages In Smoker's Suit

    A Florida appeals court on Wednesday erased a $148 million punitive damages award to the husband of a smoker who died of lung disease and also wiped out a $9.2 million compensatory damages award because the smoker was not married to his partner when he first got sick.

  • May 11, 2022

    Abuse Accusers Say Insurer Can't Appeal Exclusion Ruling

    Two individuals who allege they were sexually abused at an Atlanta-area Red Roof Inn have pushed back against an insurer's bid for an immediate appeal of an order denying its attempt to dodge responsibility.

  • May 11, 2022

    Real Estate Rumors: DR Horton, Wildflower, Aimco

    D.R. Horton is reportedly hoping to build 67 townhomes in South Florida, developer Wildflower is reportedly seeking to build a warehouse project in Queens, and Aimco is said to have picked up a former Sears site in Fort Lauderdale for $100 million.

  • May 11, 2022

    King & Spalding Beefs Up Miami Office With Akerman Trio

    King & Spalding LLP has added a three-partner team from Akerman LLP to its trial and global disputes practice group in its new Miami office.

  • May 11, 2022

    Surfside Victims Reach $997M In Settlements

    Attorneys representing the victims of the Champlain Towers South condominium collapse in Surfside, Florida, announced Wednesday that they had secured $997 million in proposed settlements, ending the consolidated claims against all but one defendant.

  • May 11, 2022

    KA Real Estate Wraps Up Oversubscribed $1.9B Debt Fund

    Kayne Anderson Real Estate said Wednesday that its fourth flagship debt platform, KA Real Estate Debt IV, has closed with $1.875 billion in capital commitments, surpassing its original goal of $1.5 billion after receiving support from investors.

  • May 11, 2022

    Fla. Panel Affirms Eatery's Loss In COVID-19 Coverage Fight

    Lloyd's of London underwriters are not obligated to pay for a Miami restaurant's pandemic-related losses, a state panel affirmed Wednesday in the first ruling by a Florida appellate court in a COVID-19 coverage dispute, saying the establishment failed to allege physical loss or damage that triggered coverage.

  • May 10, 2022

    Fla. Taxpayers Lose Suit Over Disney's Nixed Special District

    A Florida federal judge Tuesday tossed a lawsuit challenging a law dissolving some special districts — enacted after the Walt Disney Co.'s opposition to what detractors call the "Don't Say Gay" law — saying the challenging taxpayers haven't shown they'll suffer harm when the law takes effect.

  • May 10, 2022

    11th Circ. Cancels Oral Argument In Brunch Chain's Virus Suit

    A brunch restaurant group won't get to argue its case for COVID-19 insurance coverage against Zurich American Insurance Co. before the Eleventh Circuit later this month, according to an order canceling the hearing on Monday.

  • May 10, 2022

    Hong Kong Lender Must Get $6M Arb. Award, Court Told

    Hong Kong-based lender Noble Prestige Ltd. is defending its $6 million arbitration award in a debt dispute with an American citizen last known to be in Thailand, denying claims by the man's conservator that their 2011 loan deal was illegal and that arbitrators favored the company.

  • May 10, 2022

    Ex-Ga. City Staffer Asks 11th Circ. To Revive Retaliation Case

    A former equal employment opportunity coordinator for the city of Augusta, Georgia, asked the Eleventh Circuit on Tuesday to revive her claims that she was wrongly fired for supporting claims the city discriminated against other staffers.

  • May 10, 2022

    Manatees Starve, But EPA Ignores Pollution, Suit Says

    Florida manatees are starving in large numbers as their food sources have died under pressure from fertilizer runoff-caused algal blooms, but the U.S. Environmental Protection Agency is refusing to revisit water quality standards in their habitat, green groups said in a lawsuit filed Tuesday.

Expert Analysis

  • What Cos. Can Learn From The 2021 FCA Recovery Statistics

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    Attorneys at Winston unpack the recently released U.S. Department of Justice False Claims Act recovery statistics for fiscal year 2021, discuss how they compare to prior years and what companies in an expanding array of industries should expect next.

  • Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

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    Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

  • Breyer's Role In Courthouse Design Sets A Judicial Template

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    As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

  • Expect Aggressive Life Sciences Enforcement In 2022

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    This year, life sciences companies should prepare for heightened activity from the U.S. Department of Justice and U.S. Food and Drug Administration, which will likely target illicit opioid distribution, clinical trial fraud and other key areas, say attorneys at Ropes & Gray.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • Opinion

    Biden's Supreme Court Nominee Should Have 5 Key Qualities

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    In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.

  • How The Fla. Supreme Court Is Changing Business Litigation

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    Three sweeping civil procedure changes introduced by the Florida Supreme Court over the past year — a fresh summary judgment standard, a new apex deponent rule and immediate review of early punitive damages decisions — should lead to fairer and more predictable litigation outcomes, and signal a continued revamp in 2022 and beyond, says Kyle Robisch at Bradley.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Opinion

    Fla.'s New Appeal Rule Will Cause More Harm Than It Cures

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    Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.

  • Rebuttal

    Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Online Speech Thrives Under Section 230, So Amend Carefully

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    State and federal lawmakers now considering changes to Section 230 of the Communications Decency Act should proceed with caution, since the law has helped support the flourishing of user-created online content by providing clarity concerning hosting platforms' liability, says Chris Cox at NetChoice.

  • Fight Real Estate Defaults With Proactive Bankruptcy Filings

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    Borrower-debtors facing default should consider wielding tactical filings under the Bankruptcy Code as a sword to fight off overzealous lenders seeking accelerated payments, cure their defaults and move forward without risk in the wake of COVID-19 disruptions, say Joseph Pack and Jessey Krehl at Pack Law.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • Key Takeaways From The New Onslaught Of FCRA Filings

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    Some Fair Credit Reporting Act decisions provided clarity and others deepened circuit splits in a busy 2021, with subject matter jurisdiction, sovereign immunity and willful violations of the law setting the stage for another brisk year in 2022, say attorneys at Troutman Pepper.

  • Strategies For Coping With Stress In The Legal Profession

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    Attorneys should explore certain fast, accessible strategies for stress management, as unexpected stressors from work obligations increase at the beginning of the year and are only heightened by improvements in technology and an accelerated flow of communication, says David Kouba at Arnold & Porter.

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