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Florida
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February 13, 2025
Wells Fargo Followed Seminoles' Orders For Trust, Jury Hears
Wells Fargo told a Florida state jury Thursday its stewardship of a major trust for the Seminole tribe was sound, saying that the tribe asked for and received a "keep-it-safe trust" and there was no missing $800 million.
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February 13, 2025
Fla. Judge Denies Drinks Co. Ex-CEO Bid To Ax Monster Liens
A Florida federal bankruptcy judge on Thursday declined to rule on a bid to dismiss all Monster Energy Company's claims and liens against the former CEO of the corporation that produces Bang Energy drinks, saying he lacks jurisdiction to resolve issues between two non-debtors.
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February 13, 2025
Fake Hedge Funder Pleads Out To $5M AI Trading Scam
The head of Tadrus Capital on Thursday admitted lying to investors who collectively spent more than $5 million investing in his supposedly artificial intelligence-powered hedge fund, which he claimed would pay out guaranteed double-digit returns.
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February 13, 2025
Fla. Court Won't Undo $13M Carbon Monoxide Death Verdict
A Florida appellate panel has upheld a jury's $13 million verdict in a suit that accused a machine rental company of failing to provide an auto repair shop owner with instructions for operating a floor resurfacer, which gave him carbon monoxide poisoning that led to his death.
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February 13, 2025
Spirit Airlines Ch. 11 Plan Releases Need More Consideration
A New York bankruptcy judge said Thursday the Chapter 11 plan of budget air carrier Spirit Airlines met the conditions for approval, but also told the parties he needed more time to consider the third-party releases proposed in the plan and whether they were consensual.
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February 13, 2025
Cruise Co.'s Bid To Force Spa Worker Into Arbitration Fails
A Florida federal judge denied Norwegian Cruise Line's bid to force a masseuse's negligence and unseaworthiness lawsuit into Bahamian arbitration, saying the company isn't a signatory to her underlying employment agreement and that it failed to establish an exception to send the case out of court.
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February 13, 2025
Insurers Say Adjuster Must Cover $66M Suit Over Boat Death
Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.
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February 13, 2025
4th Judge Rejects Trump's Take On Birthright Citizenship
A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.
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February 13, 2025
NYC Man Pleads Guilty To $62.8M Crowdfunded CRE Scheme
A New York City man who raised $62.8 million through commercial real estate platform CrowdStreet for sham developments in Atlanta, Georgia, and Miami Beach, Florida, has pled guilty to a federal wire fraud charge.
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February 13, 2025
Sidley Brings On Holland & Knight M&A And VC Pro In Miami
Sidley Austin LLP expanded its Miami office this week with a former Holland & Knight LLP partner and ex-SoftBank deputy general counsel specializing in cross-border mergers and acquisitions and other transactions and venture capital work.
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February 13, 2025
Artist Sues Over Sculpture Left After Property Sale
An artist says he is owed $175,000 for a sculpture on the grounds of a home in a wealthy Massachusetts waterfront enclave, left there by a friend who sold the property nearly five years ago, according to a lawsuit filed in state court.
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February 13, 2025
Judge's Bias Justifies Reviving Insurance Row, Fla. Panel Says
A man whose legal counsel was disbarred while his insurance suit was pending will have another chance to pursue his claims, a Florida state appeals court has determined, reversing a lower court order that threw out the suit for delays and moving the case to another judge after finding evidence of potential "bias or prejudice."
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February 13, 2025
Miami Judge Won't Move Suit Over I-95 Crash That Killed 4
A Miami judge ruled Thursday that she would not move a lawsuit over a multivehicle pileup that killed four people to Indian River County court, after finding that the trucking company and driver had failed to show that Miami is a substantially inconvenient forum for them.
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February 12, 2025
Wells Fargo Cheated Seminole Trust Out Of $800M, Jury Hears
Wells Fargo and its predecessor Wachovia cheated minors of the Seminole Tribe of Florida out of $818 million by secretly hiking fees and mismanaging investments in a multibillion-dollar gambling trust, a Florida jury heard Wednesday in opening statements for a multiweek trial in litigation involving more than 2,000 minors.
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February 12, 2025
Fla. Panel Reinstates Suit Over Fatal Cement Truck Collision
A Florida state appellate panel Wednesday reinstated a wrongful death lawsuit over a fatal vehicle collision involving a big rig truck hauling cement, ruling that testimony showed there are still factual disputes to be resolved concerning issues on alleged negligence from the truck driver and his transportation company's liability.
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February 12, 2025
Crypto Operator Seeks No Prison Time For $1M Fraud Plea
The founder of a cryptocurrency project who copped to wire fraud after gambling with over $1 million from investors wants to avoid a custodial sentence, though prosecutors have asked to see him serve just over two years.
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February 12, 2025
11th Circ. Upholds Win For Smucker's In Worker's Bias Suit
The Eleventh Circuit on Wednesday affirmed a ruling freeing J.M. Smucker Co. and Big Heart Pet Brands from a technician's suit alleging she was unfairly held to a higher standard at work and punished more severely in regard to policy violations because she is a Black woman.
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February 12, 2025
One Sotheby President, Wife Hit With Wrongful Death Suit
The president of One Sotheby's International Realty and his wife have been accused in Florida state court of being responsible for causing the death of a woman's adult son in a vehicle collision.
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February 12, 2025
Hospital Says It Should've Had Immunity In 'Maya' Case
Johns Hopkins All Children's Hospital told a Florida appeals court Wednesday that the lower court "profoundly misconstrued" immunity Florida law grants to those who report suspicions of child abuse, which allowed a jury to award $261 million to Maya Kowalski, the subject of a Netflix documentary, for her mother's suicide.
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February 12, 2025
Spirit Opts For Ch. 11 Plan After Latest Frontier Bid
Bankrupt budget air carrier Spirit Airlines said it will pursue confirmation of its Chapter 11 debt swap plan at a hearing scheduled for Thursday, after it and competitor Frontier Group could not come to terms on a combination of the two companies.
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February 12, 2025
Trump Can Sue Pulitzer Board Members, Fla. Panel Rules
A Florida appellate court ruled on Wednesday that President Donald Trump can sue the Pulitzer Prize Board members in a defamation lawsuit over reporting that he colluded with Russia to win the 2016 election, saying his complaint sufficiently met state jurisdiction requirements.
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February 12, 2025
Fla. Pot Patients Say 8th Circ. Precedent Backs Gun Rights
A group of Florida residents challenging the federal policy disarming medical cannabis users is pointing to a recent Eighth Circuit ruling that they say supports their gun-rights position as they appeal in the Eleventh Circuit.
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February 12, 2025
Joann To Close Over 500 US Stores In Second Ch. 11
Joann Inc., a fabrics and crafts retailer that reentered bankruptcy in January, asked a Delaware bankruptcy judge Wednesday for permission to close more than 500 underperforming stores throughout the country that the company said potential buyers of the business aren't interested in taking on.
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February 12, 2025
Fried Frank Faces Sanctions Bid Over RICO Suit
Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds."
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February 12, 2025
Power Generation Co. Going Public Via $770M SPAC Deal
Energy solutions company e2Companies LLC, led by Haynes Boone, on Wednesday unveiled plans to go public via a merger with Vinson & Elkins LLP-advised special purpose acquisition company Nabors Energy Transition Corp. II in a deal that holds a pro forma enterprise value of $770 million for the combined company.
Expert Analysis
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2 Anti-Kickback Developments Hold Lessons For Biopharma
The U.S. Department of Justice's Anti-Kickback Statute settlement with QOL Medical and a favorable advisory opinion from the U.S. Department of Health and Human Services provide a study in contrasts, but there are tips for biopharma manufacturers trying to navigate the vast compliance space between them, says Mary Kohler at Kohler Health Law.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.