Florida

  • February 22, 2024

    Lumber Co., Insurer To Settle $4.9M Coverage Dispute

    A subcontractor and its professional liability insurer have reached a settlement in principle on about $5 million in underlying claims over moldy, defective wooden framework the subcontractor supplied to a senior living project, the parties told a Florida federal court.

  • February 22, 2024

    Narcoleptic Doc Unfit For Anesthesiology, 11th Circ. Holds

    The Eleventh Circuit on Wednesday upheld a win by the Board of Regents of the University System of Georgia in a discrimination lawsuit brought by a former anesthesiology resident, finding that the resident's narcolepsy diagnosis didn't change the fact that he "could not perform the essential functions of the job and posed a risk to patient safety."

  • February 22, 2024

    Esformes Gets Time Served In Plea Deal With Gov't

    The yearslong prosecution against Miami nursing home mogul Philip Esformes ended Thursday when he pled guilty to one of the pending healthcare fraud charges against him and was sentenced to time served.

  • February 21, 2024

    Nurses Ignored Surgery Patient's Fatal Sepsis, Fla. Jury Hears

    Nurses at Florida's Bayport Medical Center neglected a post-op patient as she developed sepsis and eventually died in the ICU, and one nurse revised notes to conceal the negligence, jurors heard in opening arguments Wednesday.

  • February 21, 2024

    Judge Rejects $5.2M Atty Fee Bid In Poultry Farm Loan Suit

    A New York federal judge rebuffed attorneys' attempt to collect a nearly $5.2 million fee for representing an affiliate of two billionaire brothers that accused an investment adviser of fraudulently inducing the affiliate to provide a loan for a Russian poultry operation, saying the adviser wasn't improperly defending himself.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    Justices Offer Conflicting Clues In Copyright Damages Fight

    U.S. Supreme Court justices hearing a case over damages in copyright disputes gave conflicting hints Wednesday about where they stand on the discovery rule, a judicially created doctrine that allows claims to accrue when plaintiffs learn of alleged infringement.

  • February 21, 2024

    Miami Heat Player Sued After Man's Leg Amputated In Crash

    A Florida man has brought a state court lawsuit alleging negligence against Miami Heat forward Haywood Highsmith Jr., saying his leg was partially amputated as a result of a vehicle crash caused by the professional basketball player earlier this month.

  • February 21, 2024

    11th Circ. Says Sotheby's Insured For Fla. Agent Theft Row

    An Eleventh Circuit panel affirmed Wednesday that an insurer must defend One Sotheby's International Realty against allegations that its agent bamboozled married Russian investors into selling their Miami Beach-area condo at below market value, eventually stealing $3.7 million in sale proceeds.

  • February 21, 2024

    Messner Reeves Accused Of Losing Client's $700K Deposit

    Colorado-based Messner Reeves LLP is being sued in California state court by a Florida financing consultant that claims the firm failed to protect a $700,000 interest deposit it made as part of a client's business loan.

  • February 21, 2024

    Broker Defends Claims Against Suns Owner, Mortgage Co.

    A mortgage broker pushed back against a report recommending that a Florida federal court toss its antitrust case against the owner of the NBA's Phoenix Suns and his company United Wholesale Mortgage, saying the analysis of its conspiracy claims included several errors.

  • February 21, 2024

    Holland & Knight Adds Jones Walker Real Estate Atty In Miami

    Holland & Knight LLP announced it has brought on a former Jones Walker LLP attorney as a partner for its real estate capital markets team in Miami.

  • February 21, 2024

    Fla. Court Says BJ's Doesn't Fall Under Fuel Price Law

    A Florida appeals court ruled Wednesday that a state law banning the predatory below-cost sale of gas to the "motoring public" does not apply to membership clubs like BJ's Wholesale Club Inc. that sell gas only to members.

  • February 20, 2024

    Bankrupt Co. Stole $100M In Special Needs Trusts, Suit Says

    The parents of a disabled child claim the founders and financial entities behind a now-bankrupt corporate trustee orchestrated a decadelong predatory scheme to misappropriate more than $100 million of special needs trust assets, according to a proposed class action filed Monday in Florida federal court.

  • February 20, 2024

    Ryder Investors' $45M Securities Deal Gets First Green Light

    A Florida federal judge on Tuesday granted the first green light to a $45 million cash settlement ending a suit against truck rental company Ryder System Inc., alleging it knowingly overstated the residual value of its trucking fleet, which caused its stock price to plummet after the truth was revealed.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    Trivest Can Seek 6th Circ. Review Of RICO Jurisdiction Ruling

    A Michigan federal judge will allow a Florida-based private equity firm to appeal a decision denying its bid to escape a Racketeer Influenced and Corrupt Organizations Act lawsuit scrutinizing its funding of a solar company accused of scamming customers.

  • February 20, 2024

    Fla. Cities, Local Electeds Sue Over New Financial Disclosures

    A group of 26 Florida municipalities and 74 elected officials have sued the state, challenging a new law requiring municipal elected officials to file a more detailed financial disclosure form that they say is "highly intrusive" and requires making public private financial information unrelated to their duties.

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

  • February 20, 2024

    Tennis Organization Found Negligent In Pro's Sexual Assault

    A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 20, 2024

    GOP Sens. Seek Full Impeachment Trial For Mayorkas

    A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.

  • February 20, 2024

    Sullivan & Cromwell Accused Of Aiding FTX Fraud

    Sullivan & Cromwell LLP has been accused of knowing about and helping facilitate the massive fraud that brought down cryptocurrency exchange FTX while serving as FTX's outside counsel, and profiting on the back end by overseeing FTX's ongoing bankruptcy, according to a racketeering lawsuit filed last week.

  • February 20, 2024

    Justices Give Feds Time In Texas, Fla. Social Media Law Fights

    The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.

Expert Analysis

  • What's On Tap For Public Corruption Prosecutions In 2024

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    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.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    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.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    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.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    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.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    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.

  • 5 Litigation Funding Trends To Note In 2024

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    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.

  • Lessons From DOJ's Handling Of Rare Medicare Fraud Case

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    The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • The Year Ahead In Foreign Investment And National Security

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    In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

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