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Florida
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June 02, 2025
Florida Court Tosses $28M Verdict Over Ignored Mandate
A Florida appeals court has vacated a $28 million verdict and ordered a new, bifurcated damages trial in a suit over a car accident, saying the trial court ignored a previous appeals court's mandate to keep evidence that the at-fault driver was drunk out of the compensatory-damages phase.
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June 02, 2025
Fla. Sanitizer Co. Faces Penalties Over Fake AI Legal Citations
Two Florida federal judges have ordered a disinfectant sprayer business to explain why artificial intelligence-generated fake citations and quotes appeared in filings in lawsuits over corporate wrongdoing from a Canadian breach of contract case, saying it could face serious penalties for alleged intentional misrepresentations.
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June 02, 2025
Fla. Appeals Court Backs Police In Pot Smell Search Dispute
A Florida state appeals court has found that the smell of fresh cannabis can be enough to support probable cause for a car search in an area known for crime and drug trafficking, reversing a trial court order that suppressed evidence obtained in such a search.
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June 02, 2025
Fla. Judge Ends Ex-Bank CEO's Fraud Claims In Ponzi Case
A Florida state court judge on Monday ended a long-running suit by a former bank CEO who claims he was set up as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme, dismissing the ex-CEO's fraud and negligent misrepresentation claims.
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June 02, 2025
Insurer Not Liable For $8.5M Florida Condo Defect Damages
A Florida federal judge freed an insurer from paying any of the $8.5 million in damages connected to shoddy work at a Florida condo, finding there wasn't an allocation accounting for which claims were covered and which claims were not in an agreement between the condo and a contractor.Â
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Âé¶¹´«Ã½360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
US Looks To Dodge Suit Over Gulf Oil Well Risks
The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.
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June 02, 2025
Supreme Court Asks US To Weigh In On Hertz's Ch. 11 Appeal
The U.S. Supreme Court invited the solicitor general Monday to file a brief in car rental giant Hertz's challenge to a Third Circuit ruling that as a solvent debtor it owed noteholders $272 million in interest and fees when it emerged from Chapter 11.
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May 30, 2025
Real Estate Recap: Religious Land, Hotel Surge, Land-Banking
Catch up on this past week's key developments by state from Âé¶¹´«Ã½360 Real Estate Authority — including interviews with attorneys about recent disputes over land use for religious purposes, a surge in hospitality sector transactions, and the rise of land-banking law.
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit, saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
Fla. Trucking Co. Exec Gets 23 Years For Duping 1,600 People
A Florida federal judge on Friday sentenced the former president of a trucking and logistics company to 23 years in prison for defrauding more than 1,600 people who invested millions of dollars in purchasing big-rig vehicles, calling the crime "a classic Ponzi scheme of staggering scale."
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May 30, 2025
NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute
A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.
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May 30, 2025
Generic-Drug Makers Near Exit From Depo-Provera MDL
Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.
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May 30, 2025
Farm Groups' Challenge To H-2A Wage Rule Back On Track
The U.S. Department of Labor failed to show it would be necessary to push back litigation challenging a Biden-era H-2A wage rule, especially in the context of farm groups' ongoing harm allegations, a Florida federal judge ruled.
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May 30, 2025
Diaz Reus Sued For Fraud, Conflict In Failed Miami Water Park
A Florida consultant has sued law firm Diaz Reus & Targ LLP over allegations it created an adverse conflict of interest in ownership over a failed Miami water park when the firm's managing partner and his brother, another firm member, attempted to "strong-arm" him into reducing his interest in the venture.
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May 29, 2025
Fla. AG Says Letter To Cops Doesn't Rise To Contempt
Florida's attorney general told a federal judge on Thursday that a letter he sent to law enforcement agencies saying he could not force them to comply with a temporary restraining order blocking enforcement of a state law criminalizing the entry of unauthorized immigrants did not rise to the level of civil contempt.
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May 29, 2025
Alston & Bird, Smith Mackinnon Steer $710M Fla. Bank Deal
The holding company for Seacoast National Bank said Thursday that it would acquire Villages Bancorporation Inc., the holding company of Citizens First Bank based in The Villages, Florida, for approximately $710 million in a deal guided by Alston & Bird LLP and Smith Mackinnon PA.
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May 29, 2025
Fla. Appeals Order To Monitor Indian River Manatees
Florida's Department of Environmental Protection said Wednesday it is appealing an injunction requiring the agency to implement new manatee monitoring programs after a federal judge found it violated the Endangered Species Act by allowing wastewater pollution into the North Indian River Lagoon watershed.
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May 29, 2025
LA Fitness Didn't Stop Patron From Molesting Minor, Suit Says
LA Fitness has been hit with a $5 million lawsuit accusing it of failing to take action against a "violent and erratic" gym member who sexually assaulted a 14-year-old girl at one of the gym's locations in Miami-Dade County, Florida, two years ago.
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May 29, 2025
Fla. Judge Denies Trainer's Bid To Block Horse Racing Âé¶¹´«Ã½
A Florida federal judge Thursday denied a horse trainer's bid to block enforcement of a horse racing law in his complaint challenging an anti-doping ban, ruling the trainer failed to show irreparable harm and that issues in his claim asserting a right to a jury trial aren't fully developed.
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May 29, 2025
NASCAR Wins Defamation Claims Over LGBCoin Sponsorship
A Florida state court judge ruled in favor of NASCAR on defamation claims brought by the founder of the LGBCoin cryptocurrency regarding communications to journalists, saying a published statement that the meme coin was almost worthless was "undisputably true."
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May 29, 2025
11th Circ. Won't Revive Antitrust Claims Against Suns Owner
The Eleventh Circuit isn't going to touch a lower court order that tossed an antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage LLC, over an alleged boycott.
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May 29, 2025
Trump Names 4 Jurists, State AG Official For Fla. Judgeships
President Donald Trump this week announced his nominations of four judges and a top official in the Florida Attorney General's Office to fill district judgeships in the Sunshine State's Middle and Southern Districts.
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May 29, 2025
'Dr. Cash' Gets 3 Years For Bilking Elderly Fund Investors
A recidivist fraudster nicknamed "Dr. Cash" was sentenced in Manhattan federal court Thursday to three years in prison, after he admitted to defrauding clients who poured $4.8 million into his purported "Chairman's Fund."
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May 29, 2025
Fla. Panel Affirms Atty Conflict DQ In Construction Dispute
In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.
Expert Analysis
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigÂé¶¹´«Ã½
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Âé¶¹´«Ã½.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Âé¶¹´«Ã½.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Âé¶¹´«Ã½yer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigÂé¶¹´«Ã½
As I adjusted to the multifaceted workflow of a BigÂé¶¹´«Ã½ firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Âé¶¹´«Ã½s
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.