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Florida
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May 01, 2025
Fla. Condo Wins Noise Dispute With Autistic Man's Family
A Florida appellate panel ruled in favor of a condominium association in a lawsuit over a noise dispute between a family caring for their autistic son and a neighbor, finding no evidence that the family faced discrimination in violation of housing laws.
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May 01, 2025
Fla. Panel Reverses Default Judgment In Prized Horses Suit
A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.
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May 01, 2025
Fla. Appeals Court Puts Condo Damage Suit To Bed
A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.
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May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms
The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal
Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.
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May 01, 2025
Fla. Judge Clears Miami In Hannibal Buress Arrest Case
A Florida federal judge tossed a lawsuit against Miami over the arrest of comedian Hannibal Buress in 2017, saying it originally misunderstood the city's arguments and that granting its motion to reconsider "would prevent manifest injustice."
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May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot
A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.
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May 01, 2025
Fla. Justices Call For Suspension Of Judge In Ethics Case
The Florida Supreme Court on Thursday rejected a recommendation by an ethics watchdog that a state judge should only be reprimanded and fined for improper campaign donations and discussions about her own reelection campaign, saying she should also get a 10-day suspension.
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May 01, 2025
Hogan Lovells Brings On Hunton Tech Atty Duo In Miami
Hogan Lovells announced Thursday that it has expanded the capabilities of its infrastructure, energy, resources and projects practice with the addition of two attorneys from Hunton Andrews Kurth LLP in Miami.
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May 01, 2025
Frida Kahlo Co. Tries To Revive Suit Against Kahlo Family
A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
Florida Ethics Panel Wants Judge Booted Over Campaign Talk
A Florida Judicial Qualifications Commission panel has "reluctantly, but of necessity" recommended the removal of a Florida judge found to have made inappropriate comments about abortion amid an election campaign, stating that the judge showed a lack of remorse for her actions in testimony before the panel.
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April 30, 2025
Venezuela Chemical Co. Takes Aim At 11th Circ. Decision
A Venezuelan state-owned petrochemicals company is urging the U.S. Supreme Court to clarify which party has the burden of proving whether sovereign immunity applies in litigation targeting foreign countries, as it looks to dodge litigation to enforce a $23 million debt owed to a Florida chemical wholesaler.
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April 30, 2025
Heir Urges 11th Circ. To Revive Beef Over Boar's Head Shares
The grandson of a Boar's Head Provision Company founder urged the Eleventh Circuit on Wednesday to reverse a ruling that barred his counterclaim challenging transfers of shares to a relative, saying the lower court still needed to determine whether the transaction complied with restrictions.
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April 30, 2025
DOJ Urges 11th Circ. To Restore FCA Whistleblower Provision
The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.
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April 30, 2025
Slain Fla. 麻豆传媒 Professor's Mother-In-麻豆传媒 Moves To Delay Trial
The former mother-in-law of slain Florida law professor Dan Markel asked Wednesday to delay her trial on charges she helped orchestrate his murder, citing copious discovery produced in recent weeks by the prosecution.
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April 30, 2025
SC Judge Tosses Suit In Bed Trademark Dispute
A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.
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April 30, 2025
Website Operators Challenge $102M FTC Judgment
Two former executives of On Point Global LLC urged the Eleventh Circuit to reverse a civil contempt sanction of $102 million for violating a prior injunction, arguing that the lower court should have held a hearing to allow them to present evidence in their favor.
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April 30, 2025
Fla. Lender Urges 11th Circ. To OK Arbitration In Fee Suit
A Florida credit union urged an Eleventh Circuit panel Wednesday to overturn a lower court order denying arbitration in a proposed class action over wrongly assessed overdraft fees, saying failure to preregister with the American Arbitration Association isn't grounds for a default.
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April 30, 2025
Winston & Strawn Guides $450M Loan For Miami Stadium Plan
The developers of a $1 billion Miami soccer stadium project under construction have secured a $450 million mortgage from JPMorgan Chase Bank in a transaction advised by Winston & Strawn LLP.
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April 30, 2025
Marshals Service Pick Vows To Protect Judges Amid Tensions
President Donald Trump's nominee for director of the U.S. Marshals Service, Gadyaces Serralta, stressed to Democrats on Wednesday that the agency's mission to protect judges and enforce court orders would not change under his leadership despite increasing criticism of the bench from the president and other policymakers.
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April 30, 2025
DC Judge Grapples With FBI Agents' Bid To Block Jan. 6 List
A D.C. federal judge on Wednesday questioned whether she could bar the U.S. Department of Justice from publicizing a list of FBI agents who worked cases stemming from the Jan. 6, 2021, insurrection at the U.S. Capitol without concrete evidence the department intends to do so.
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April 30, 2025
Greenberg Traurig Adds Ex-Seyfarth Real Estate Atty
Greenberg Traurig LLP announced on Tuesday the hiring of a former senior associate at Seyfarth Shaw LLP as an of counsel in its real estate practice out of Orlando, Florida.
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April 29, 2025
State Telecom Roundup: Funding Security Without The Feds
The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.
Expert Analysis
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs 鈥 including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith鈥檚 recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo 麻豆传媒 School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it鈥檚 imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow 鈥 which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound 鈥 as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality 鈥 the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB 麻豆传媒 Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court鈥檚 recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of 鈥渄irect physical loss or damage,鈥 say Josh Tumen and Paul Ferland at Cozen O'Connor.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q3
With the implementation of H.B. 989, the third quarter of 2024 has been transformative for banking law and regulation in Florida, and this new law places a strong emphasis on fair access to banking, and prohibits ideologically or politically motivated decisions by financial institutions, says Sha鈥橰on James at Gunster.
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11th Circ. Kickback Ruling May Widen Hearsay Exception
In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.