Florida

  • June 08, 2020

    MagicJack Settles With FCC For $5M Over Unpaid Subsidies

    The Federal Communications Commission has announced a $5 million settlement with magicJack, a Voice over Internet Protocol provider, over the company's failure to report its interstate revenues and contribute to the commission's effort to fund universal access to communications services for all Americans.

  • June 05, 2020

    11th Circ. Urged To Mull Test For Fed. Workers' Bias Claims

    A federal employee who recently convinced the U.S. Supreme Court to set a low bar for federal workers to sue under the Age Discrimination in Employment Act pressed the Eleventh Circuit on Friday to extend the high court's two-month-old precedent to employees' Title VII claims. 

  • June 05, 2020

    Health Care Network Hygea's Ch. 11 Plan Draws Flak

    The federal government and other stakeholders in the Chapter 11 case of health care conglomerate Hygea Holdings Corp. are opposing the company's reorganization plan, asserting it has provisions releasing certain parties from potential liability that are too expansive.

  • June 05, 2020

    Fla. Jail Inmates Sue Sheriff Over Failure To Stop Virus Spread

    Inmates at Broward County Jail filed a proposed class suit Friday against the county sheriff's office demanding the release of medically vulnerable people to home confinement and improved conditions within the jail to prevent the spread of the coronavirus.

  • June 05, 2020

    Family Of Crash Victim Opposes Review Of Fla. Court Rules

    The family of a man who died when he slammed his pickup into a large cargo truck has urged the Florida Supreme Court to dismiss the truck owner's appeal raising questions about the state's summary judgment standard, saying the case is not appropriate for considering rule changes.

  • June 05, 2020

    PetSmart Hemp Class Action Efforts Dropped For Now

    Two proposed class action lawsuits against PetSmart Inc. were voluntarily dismissed without prejudice Friday, after customers alleged the store sold hemp products for pets that were not approved by the U.S. Food and Drug Administration.

  • June 05, 2020

    11th Circ. Rejects Ineffective Counsel Claim For 'Evasive' Atty

    The Eleventh Circuit rejected a U.S. permanent resident's bid to stay in the U.S. after he said he was poorly represented in immigration court, holding that while his former attorney may have been evasive, he hadn't met the requirements to revive his case.

  • June 05, 2020

    The Week In Bankruptcy: Eyes On The New Normal

    The COVID-19 outbreak's effects on numerous industries continued over the last week as companies succumbed to the economic pressures of the pandemic.

  • June 05, 2020

    DC Circ. Told NRC Shouldn't Review Illegal Nuke Storage Plan

    An environmental group is urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission to stop considering an application to build a nuclear waste storage facility in New Mexico that the group says requires a license forbidden by energy law.

  • June 05, 2020

    ED Treatment Maker Nears Deal With Rival In Contract Spat

    The maker of a shockwave treatment for erectile dysfunction told a Florida federal court on Friday that it is on the cusp of settling a contract dispute with a California medical clinic that launched a competing product.

  • June 05, 2020

    Attys Bag Over $1M From $2.5M McCormick Slack-Fill Deal

    A D.C. federal judge on Friday awarded roughly $1.1 million in attorney fees and expenses as part of a $2.5 million settlement to resolve a consumer class action alleging McCormick & Co. Inc. underfilled pepper sold in grinders and tins.

  • June 04, 2020

    Miami, Orlando Headline Fla. Courts' Remote Trial Experiment

    The Florida judiciary's COVID-19 Workgroup has tabbed five trial courts across the state, including those in Miami and Orlando, to try conducting a remote jury trial as part of a pilot program while traditional jury trials are halted because of the coronavirus pandemic.

  • June 04, 2020

    ICE Tries To Squash Fla. Detainees' COVID-19 Class Cert. Bid

    U.S. Immigration and Customs Enforcement argued Thursday that a lack of common issues should stop detainees from collectively pursuing claims that the government failed to follow its own guidance for addressing the COVID-19 pandemic. Meanwhile, the detainees said a judge's recommendation of partial class approval would prevent meaningful relief.

  • June 04, 2020

    Investor Says Carnival's Virus Response Sunk Share Prices

    Embattled cruise company Carnival Corp. was hit with yet another proposed securities class action on Wednesday accusing the company of hurting shareholders by mishandling its response to the novel coronavirus as the initial outbreak swelled into a pandemic.

  • June 04, 2020

    Coronavirus Litigation: The Week In Review

    Inovio Pharmaceuticals says one of its suppliers is "holding hostage" the development of its COVID-19 vaccine, Amazon workers have accused the company of failing to follow laws and health guidelines at a New York fulfillment center, and a lawsuit comparing Massachusetts' governor to King George III challenges his decision to close businesses during the pandemic.

  • June 04, 2020

    Apex Parks Approved For $60M Ch. 11 Sale To Lenders

    Bankrupt amusement park chain Apex Parks Group received Delaware court approval Thursday for a $60 million sale of its assets to prepetition lender Cerberus Business Finance LLC and a case settlement with unsecured creditors.

  • June 04, 2020

    Fed. Circ. Judge Skeptical Of Atty's PACER Fee Fight

    A Florida-based attorney faced resistance Thursday from a vocal Federal Circuit judge who challenged his contention that the government-run PACER system is improperly charging users for viewing judges' opinions.

  • June 04, 2020

    ADT Seeks To Arbitrate Dispute Over Ex-Employee's Spying

    Security company ADT LLC has asked a Texas federal judge to grant arbitration for a proposed class action filed by a woman who claims her privacy was violated by a former employee who allegedly spied on customers with company cameras.

  • June 04, 2020

    Coronavirus Q&A: Berger Singerman's Paul Singerman

    In this edition of Coronavirus Q&A, Berger Singerman LLP co-chair and bankruptcy pro Paul Singerman talks about how the pandemic-fueled financial crisis compares with other economic turmoil he has helped clients weather and the challenges companies will face in the coming months.

  • June 03, 2020

    Bipartisan Pair Of Sens. Want More Disclosures On PPP Loans

    The Republican chairman of the U.S. Senate's small business committee joined with the panel's top Democrat on Wednesday to urge the Trump administration to disclose more details about the companies that receive Paycheck Protection Program loans from the Small Business Administration, saying more transparency is needed.

  • June 03, 2020

    SEC Sues Fla. Firm Pushing Investments In COVID-19 Cure

    The U.S. Securities and Exchange Commission filed suit against a purported internet investment adviser on Wednesday for failing to turn over its books while touting investment opportunities related to treatments and vaccines for COVID-19.

  • June 03, 2020

    Fla. Detainees Testify ICE Isn't Following COVID-19 Guidelines

    Detainees being held by U.S. immigration authorities in three Florida facilities told a federal judge Wednesday about conditions their counsel said are not "remotely sufficient" for safeguarding against COVID-19, but the government insisted there is flexibility in federal health guidelines and court intervention is not warranted.

  • June 03, 2020

    Fla. Panel Affirms $2.4M Verdict For Smoker's Widow

    A Florida state appeals court on Wednesday upheld a widow's $2.4 million verdict against Philip Morris for her husband's cancer death, finding she didn't need to point to a specific misleading statement by the tobacco giant to prove her case.

  • June 03, 2020

    Fla. Utility Wants Construction Co. To Pay For Gas Accident

    A Florida utility told the state's Supreme Court on Wednesday that a construction company should pay for a settlement the utility had to pay out to the company's worker for injuries he suffered when he hit an underground natural gas line during a highway project.

  • June 03, 2020

    Canadian Pacific Urges 7th Circ. To Revive Row Over Rail Deal

    Canadian Pacific Railway told the Seventh Circuit its claim of corporate wrongdoing by CSX and Norfolk Southern is not preempted by a federal railroad oversight law, in what it said is an issue of first impression for the circuit.

Expert Analysis

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • Opinion

    Tax Agencies Should Show Mercy To Fix State Budgets

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    States seeking to refill depleted budgets due to the coronavirus pandemic could recover revenues more quickly if they practice lenience in collecting delinquent business taxes, says Michael Wynne at Jones Day.

  • Masks And Face Coverings: What Employers Need To Know

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    Alka Ramchandani-Raj and Devjani Mishra at Littler answer employer questions about face coverings for workers during and after the coronavirus pandemic, including who should pay for materials, what to do if there’s a shortage, and how to respond if an employee declines to comply for medical or nonmedical reasons.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Price-Gouging Or Normal Market Functioning Amid COVID-19?

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    Economic analysis of supply chain interruptions, capacity constraints, increased supplier bargaining power, increased search costs, and costs for new entrants — which can drive price elevation in emergencies like COVID-19 — can help disentangle normal market functioning from price-gouging, say Mary Beth Savio and Timothy Snail at Charles River Associates.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Pa. COVID Insurance Bill Differs From Other States' Proposals

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    Legislation introduced in the Pennsylvania Senate last week would provide clarity on a number of disputed coverage issues involving COVID-19, going a bit further than similar proposed business interruption legislation introduced in other states, says John Sylvester at K&L Gates.

  • Opinion

    The Fragility Of ALJ Independence

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    The recent disciplinary suspension of a Florida administrative law judge for questioning pressure from a superior to alter an opinion may be undermining an ALJ's decisional independence, says ​Harold Krent at Chicago-Kent College of Law.

  • 3 Tips For Deposing Difficult Witnesses Remotely

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    Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

  • Restructuring Commercial Real Estate Leases During COVID

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    Following state orders shutting nonessential businesses due to the coronavirus pandemic, commercial landlords and tenants motivated to engage in a good faith lease-restructuring dialogue have multiple tools — such as rent abatements and deferrals — at their disposal, say attorneys at Nelson Mullins.

  • COVID-19 Securities Class Actions May Hinge On Disclosures

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    Securities fraud class actions tied to the coronavirus pandemic will likely capitalize on a volatile stock market to argue that companies deceived investors by failing to make adequate disclosures, say Richard Zelichov and Christina Costley at Katten.

  • Trump Likely Doesn't Have Power To Reopen Businesses

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    While President Donald Trump has expressed his desire to restart the American economy, businesses should be aware that a presidential executive order would likely be deemed legally ineffective to override state and local shutdown orders, say attorneys at Gibson Dunn.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • 4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration

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    In Servotronics v. Boeing, the Fourth Circuit aligned with a watershed Sixth Circuit ruling in holding that a federal discovery statute can be used to obtain evidence in private arbitration held outside the U.S., possibly making international arbitration more attractive for U.S. parties, says James McLoughlin at Moore & Van Allen.

  • Public Meeting Requirements In The Age Of COVID-19

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    Here's how 49 states and the District of Columbia are balancing the requirement to conduct the public’s business in the public eye amid state social distancing measures due to the pandemic, say attorneys at Troutman Sanders.

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