Florida

  • 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.

  • June 03, 2020

    Feds Want Out Of NextEra Kan. Wind Farm Suit

    The federal government has moved to ax claims against it in a proposed class action that aims to halt construction of a NextEra Energy Inc. wind farm in Kansas and alleges the project lacks proper review of its potential to harm a local tribe and rural agricultural community.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Dismissal Of Amazon Seizure Case May Limit Title III's Reach

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    A Florida federal judge's recent order dismissing allegations that Amazon trafficked in property previously confiscated by the Cuban government in violation of the Helms-Burton Act reiterates a plain-language limitation of the act's Title III, say Pedro Freyre and Lolita Sosa at Akerman.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How Insurers Can Prepare For Hurricanes During A Pandemic

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    Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

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