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Florida
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December 05, 2024
Fla. Labs Say Cigna's Trial 'Confession' Erases $7.3M Verdict
Three Florida drug testing laboratories have urged a Connecticut federal court to undo a $7.3 million jury verdict for Cigna Health and Life Insurance Co. over unjustified billings, arguing a new trial is warranted after the insurer allegedly made a "confession" during opening statements that it wasn't seeking damages for itself.
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December 05, 2024
Providers' $2.8B BCBS Antitrust Deal Gets Judge's Initial OK
An Alabama federal judge has given his initial approval for a $2.8 billion settlement inked between Blue Cross Blue Shield Association and a proposed class of medical providers in a more than 12-year-old antitrust case targeting association rules.
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December 05, 2024
First Citizens Accused Of $3M High-Yield Bait-And-Switch
First Citizens Bank & Trust Company faces claims from an agritourism nonprofit and its registered agent that they invested $3 million with the bank expecting a competitive rate of return before finding those funds were actually in products yielding a much lower interest rate.
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December 05, 2024
Pain Management Clinic Fined $1.19 Million for HIPAA Breach
The U.S. Department of Health and Human Services has fined a Florida pain management clinic $1.19 million for alleged HIPAA violations involving a former contractor that impermissibly accessed the clinic's electronic record system.
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December 05, 2024
11th Circ. Won't Rethink $100M Credit For John Hancock
The Eleventh Circuit won't reconsider its decision to let John Hancock Life Insurance Co. keep $100 million in foreign tax credits, leaving in place its October ruling against a Florida law firm retirement plan's trustees.
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December 05, 2024
GSA To Sell 8 Federal Buildings, Saving Up To $475M
The U.S. General Services Administration has announced plans to offload eight federally owned properties, a move that could potentially save the federal government $475 million over 10 years.
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December 04, 2024
Target Can't Escape Investors' Pride Month Merch Suit
Target Corp. cannot escape claims alleging customer backlash over its 2023 LGBTQ-focused marketing campaign caused the retail giant's sales and stock price to decline, a Florida federal judge ruled Wednesday, finding that the investors have plausibly pled Target made misleading warnings about the risk of customer boycotts.
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December 04, 2024
Fla. Ex-Rep Sues Associate Connected To Foreign Agent Case
A former Florida congressman has sued an associate in Miami-Dade County over a breach of contract, alleging that he disclosed a confidential legal memorandum to law enforcement officials and others in connection to a federal indictment charging the ex-lawmaker with unlawfully lobbying on behalf of Venezuela.
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December 04, 2024
Insurer Owes Coverage In Florida Keys Property Sale Dispute
A Florida state appeals court partially reversed a lower court's ruling that an insurer didn't owe two insureds a defense in an underlying suit accusing them of conspiring with a Key West property seller, finding Wednesday there were insufficient allegations to trigger a policy exclusion.
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December 04, 2024
Aya Healthcare Buys Fla. Peer Cross Country In $615M Deal
Talent software and staffing company Aya Healthcare, steered by Procopio, will acquire Davis Polk & Wardwell-guided Cross Country Healthcare in an $18.61-per-share cash transaction worth roughly $615 million that will take the company private, according to a Wednesday statement.
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December 04, 2024
Ft. Lauderdale Agrees To $1.97M Deal With Floyd Protester
Fort Lauderdale, Florida, has agreed to pay $1.97 million and implement a change in police department policies in a federal lawsuit brought by a protester who was shot in the face with a less-than-lethal projectile during a demonstration over the death of George Floyd in May 2020.
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December 04, 2024
Wells Fargo Wants Suits Over $300M Scheme Tossed
Wells Fargo Bank NA urged a Florida federal judge on Wednesday to toss both a proposed class action and a receiver's lawsuit claiming the bank aided and abetted a $300 million Ponzi scheme that duped more than 1,000 investors, arguing that neither pleading sufficiently shows that Wells Fargo knew about the fraud.
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December 04, 2024
LPGA, USGA Restrict Trans Golfer Eligibility
Golfers who were not "assigned female at birth" or who transitioned after going through male puberty have been banned from competition by the Ladies Professional Golf Association and the United States Golf Association under new policies governing transgender players announced by the organizations Wednesday.
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December 04, 2024
'Patriotic' Marketplace PublicSquare Raises $36M Stock Sale
The money-losing owner of self-described patriotic marketplace PublicSquare bolstered its balance sheet Wednesday through a $36 million registered direct offering guided by two law firms, one day after it named Donald Trump Jr. to its board of directors.
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December 04, 2024
DeSantis Says Ousted Fla. Atty's Election Loss Dooms Case
Florida Gov. Ron DeSantis and a state attorney he suspended made competing pitches to the Eleventh Circuit this week over whether the ousted prosecutor's First Amendment lawsuit is now moot since he lost his bid for reelection last month.
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December 04, 2024
Freeman Mathis Expands To Orlando With New Med Mal Team
Freeman Mathis & Gary LLP announced it has opened an office in Orlando, Florida, its fourth in the state, with the addition of a six-person healthcare and medical malpractice team from local firm Beytin McLaughlin McLaughlin O'Hara & Bocchino PA.
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December 04, 2024
Ex-Poker Pro Pleads Guilty In Sports Betting Scheme
A former World Series of Poker champion pled guilty in New York federal court Wednesday to operating a yearslong scheme to bilk sports bettors by falsely claiming he could use insider knowledge to place bets for surefire payouts.
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December 04, 2024
Oracle Can't Seek Fla. Tax Refunds Without Repaying Clients
Oracle can't obtain refunds for Florida state and local taxes that it improperly collected on sales of electronically delivered software to three businesses because the company didn't reimburse those customers first, a state appeals court ruled Wednesday.
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December 03, 2024
Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight
Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.
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December 03, 2024
Fla. High Court Takes Up Ex-Marvel Exec's Hate Mail Dispute
The Florida Supreme Court agreed Tuesday to take up the question of whether former Marvel Entertainment chair Ike Perlmutter can request punitive damages in a case against his neighbor in a long-running defamation dispute over hate mail.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Fla. Vape Maker Sues Colo. Rival Alleging Infringed Patent
Florida-based VPR Brands LP sued O.Pen Vape LLC in Colorado federal court on Tuesday, alleging that the Colorado-based seller is distributing electronic cigarettes that infringe a VPR patent.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
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December 03, 2024
Fla.'s 'Mother Teresa' Gets 20 Years For Ponzi Scheme
A Florida federal judge on Tuesday accused the U.S. attorney's office of "abdicating its responsibility" by agreeing to a maximum of 20 years in prison for Johanna Garcia, the former MJ Capital CEO known as "Mother Teresa" who pled guilty to running a $190 million Ponzi scheme.
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December 03, 2024
Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11
A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.
In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.