Florida

  • June 21, 2024

    BREAKING: Justices Strengthen Jury Trial Rights For Stiffer Sentences

    The constitutional rights to due process and trial by jury extend to a pivotal prong of a prominent sentencing enhancement for recidivism, the U.S. Supreme Court held in a Friday decision that casts doubt on many incarcerations and promises to reshape future trials.

  • June 20, 2024

    Panama Claims Immunity In Construction Firm's Countersuit

    Panama has urged a Florida federal court to reject a Miami businessman's countersuit alleging that a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, saying that it has immunity and that no such agreement existed.

  • June 20, 2024

    Eli Lilly Launches Round Of Diabetes Drug Suits

    Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.

  • June 20, 2024

    Attys In Chiquita Case Say Victims Can't Proceed Together

    A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

  • June 20, 2024

    Justices' Caution May Hold Key To New Sports Betting Efforts

    States overseeing feuds regarding the particulars of online sports betting may have been given a blueprint for peace after the U.S. Supreme Court declined to hear a testy dispute over the Seminole Tribe's sports gambling compact in Florida.

  • June 20, 2024

    Chancery Preserves Most Of Hertz Shareholder Buyback Suit

    Several Hertz directors who authorized $4 billion in stock buybacks in 2022 that vaulted a private equity-based shareholder into a controlling position will have to face claims in Delaware's Court of Chancery that they breached their fiduciary duties to the company.

  • June 20, 2024

    ACC Fights FSU's Stay Appeal In Media Rights Contract Suit

    The Atlantic Coast Conference has urged North Carolina's highest court to support a judge's decision to reject a bid by Florida State University to pause the organization's media rights lawsuit while a related action plays out in the Sunshine State.

  • June 20, 2024

    11th Circ. Upholds $2.5M Pelvic Mesh Verdict, Rules Suit Timely

    The Eleventh Circuit on Thursday refused to throw out a woman's $2.5 million victory against Coloplast Corp. in a suit alleging she was implanted with defective pelvic mesh, saying the evidence does not support a conclusion that her claim was filed too late.

  • June 20, 2024

    Fireball Maker Must Still Face Claims It Duped Whiskey Lovers

    A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.

  • June 20, 2024

    Fla. Panel Rules Riot Law Doesn't Apply To Peaceful Protest

    Florida's Supreme Court on Thursday ruled that a state riot law passed by the Legislature in response to the George Floyd demonstrations doesn't apply to nonviolent protests.

  • June 20, 2024

    Transport Co.'s Missing Worksite Info Dooms H-2B Request

    An agricultural transportation company's efforts to hire 28 truckers through the H-2B seasonal visa program were doomed by a job order that lacked specific information on the truckers' driving routes, according to a recent U.S. Department of Labor decision.

  • June 20, 2024

    11th Circ. Nixes J&J Sunscreen Benzene MDL Settlement

    The Eleventh Circuit on Thursday vacated an order granting approval to a settlement resolving claims that Johnson & Johnson sold sunscreens containing benzene, saying a pair of circuit court decisions since the approval mean the deal needs another look.

  • June 20, 2024

    Judge Won't Stay Ruling That Prompted Navy Debarment

    A Court of Federal Claims judge has refused to stay his judgment rejecting a company's protest over the termination of a Navy task order, a ruling that prompted the Navy to propose debarring the company, saying a stay wouldn't affect the debarment process.

  • June 20, 2024

    11th Circ. Backs Stryker's Defeat Of Fired Worker's Leave Suit

    The Eleventh Circuit refused Thursday to revive a suit claiming medical technology company Stryker illegally fired a worker on leave awaiting the birth of his child, ruling that because the leave didn't formally kick in until the child was born, his termination was fair game.

  • June 20, 2024

    Fla. Calls Abortion Drug Case Irrelevant To Migrant Parole Suit

    Florida has rebuffed the Biden administration's efforts to use a high court ruling maintaining access to the abortion drug mifepristone to nix challenges to its migrant parole policies, telling the Eleventh Circuit that the healthcare case is unrelated to the immigration one.

  • June 20, 2024

    Fla. Judge's 'Conservative' Label No Cause For Reprimand

    The Florida Supreme Court on Thursday declined to sanction a judge for calling herself a "conservative" during her first campaign for office last year, but the state justices did issue a public reprimand over the jurist's approval of a social media post that misled voters about her fundraising ahead of the election.

  • June 20, 2024

    Dickinson Wright Brings On McDermott, Bell Nunnally Attys

    Dickinson Wright PLLC added a pair of new members who include a commercial finance and real estate attorney from Bell Nunnally & Martin LLP based in Austin, Texas, and a tax and incentives attorney from McDermott Will & Emery LLP in Fort Lauderdale, Florida.

  • June 20, 2024

    Raytheon, Christian Ex-Worker Agree To End Vax Bias Suit

    Raytheon and a Christian former data manager agreed to end her suit alleging the defense contractor unlawfully fired her because she requested a religious exemption to its COVID-19 vaccination policy, a filing in Florida federal court said.

  • June 20, 2024

    Ex-BVI Ports Director Gets 9 Years For Drug Smuggling Plot

    A Florida federal judge on Thursday sentenced the former managing director of the British Virgin Islands Ports Authority to just over 9 years in prison for participating in a scheme involving a former BVI premier to move tons of Colombian cocaine through BVI ports to the United States.

  • June 18, 2024

    Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says

    The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.

  • June 18, 2024

    11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit

    The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.

  • June 18, 2024

    Panama Gov't Faces New Proceedings Over Canal Expansion

    The Panamanian government is facing two new arbitration proceedings brought by two shareholders of a contractor over efforts to expand the Panama Canal, according to a statement issued Monday by the Panama Canal Authority.

  • June 18, 2024

    11th Circ. Affirms Warrantless Search Of Probationer's Home

    The Eleventh Circuit on Tuesday affirmed the denial of a woman's bid to suppress evidence obtained by police in a warrantless search of her home, finding that the search was reasonable because her live-in boyfriend's probation conditions authorized warrantless home searches.

  • June 18, 2024

    Blue States And Enviro Groups Back DOE Furnace Rule

    Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.

  • June 18, 2024

    Fla. Judge Admits To Ethics Charges In Mishandling DQ Bid

    A Miami-Dade County state court judge has admitted to violating the Florida Code of Judicial Conduct while overseeing proceedings, saying that he made improper commentary in orders of recusal that he granted in two separate criminal cases, Florida Supreme Court records show.

Expert Analysis

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • The Clock Is Ticking For Fla. Construction Defect Claims

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    Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

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