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.
Law360
Florida
SUNDAY, JUNE 23, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Attys In Chiquita Case Say Victims Can't Proceed Together

By Carolina Bolado

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.

Motion attached | Read full article » | Save to favorites »

Panama Claims Immunity In Construction Firm's Countersuit

By David Minsky

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.

2 documents attached | Read full article » | Save to favorites »

Analysis

Justices' Caution May Hold Key To New Sports Betting Efforts

By David Steele

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.

Read full article » | Save to favorites »

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

By Carolina Bolado

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.

Read full article » | Save to favorites »

Eli Lilly Launches Round Of Diabetes Drug Suits

By Emily Field

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.

6 documents attached | Read full article » | Save to favorites »

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

By David Minsky

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.

Opinion attached | Read full article » | Save to favorites »

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

By Lynn LaRowe

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.

Opinion attached | Read full article » | Save to favorites »

Judge Won't Stay Ruling That Prompted Navy Debarment

By Daniel Wilson

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.

2 documents attached | Read full article » | Save to favorites »

ELEVENTH CIRCUIT

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

By Mike Curley

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.

Opinion attached | Read full article » | Save to favorites »

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

By Mike Curley

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.

Opinion attached | Read full article » | Save to favorites »

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

By Grace Elletson

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.

Opinion attached | Read full article » | Save to favorites »

POLICY & REGULATION

Brief

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

By Alyssa Aquino

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.

Decision attached | Read full article » | Save to favorites »

LITIGATION

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

By Elaine BriseƱo

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.

Response attached | Read full article » | Save to favorites »

Fireball Maker Must Still Face Claims It Duped Whiskey Lovers

By Rae Ann Varona

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.

Order attached | Read full article » | Save to favorites »

Fla. Calls Abortion Drug Case Irrelevant To Migrant Parole Suit

By Alyssa Aquino

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.

Response attached | Read full article » | Save to favorites »

Chancery Preserves Most Of Hertz Shareholder Buyback Suit

By Leslie A. Pappas

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.

Read full article » | Save to favorites »

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

By Emmy Freedman

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.

Order attached | Read full article » | Save to favorites »

PEOPLE

Dickinson Wright Brings On McDermott, Bell Nunnally Attys

By Madison Arnold

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.

Read full article » | Save to favorites »

EXPERT ANALYSIS

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

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.

Read full article » | Save to favorites »

How Associates Can Build A Professional Image

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.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Bonus Spotlight

McKool Smith Handing Out Midyear Bonuses Of Up To $30K

By Xiumei Dong

McKool Smith PC will be awarding midyear bonuses of up to $30,000 to its principals, associates and senior counsel, according to an internal email sent Thursday by Chairman David Sochia.

Read full article » | Save to favorites »

Ex-CFO Ends Bias Suit Against Anderson Kill In New York

By Rose Krebs

A disability discrimination lawsuit filed in New York federal court against insurance recovery law firm Anderson Kill PC by its former chief financial officer has been voluntarily dismissed per a stipulated order submitted by the litigation parties.

Order attached | Read full article » | Save to favorites »

Justices Keep Domestic Abusers Disarmed, Clarify Bruen

By Marco Poggio and Katie Buehler

The U.S. Supreme Court rejected a Texas man's constitutional challenge to a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms Friday, providing limited guidance to lower courts on how to apply the high court's Second Amendment historical analogue test.

Opinion attached | Read full article » | Save to favorites »

Justices Strengthen Jury Trial Rights For Stiffer Sentences

By Jeff Overley

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.

Opinion attached | Read full article » | Save to favorites »

Trump Says AG Can't Appoint Prosecutor In Mar-A-Lago Case

By Carolina Bolado

Attorney General Merrick Garland did not have the statutory authority to promote an independent special counsel to prosecute former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, Trump's attorneys told a Florida federal judge Friday.

Read full article » | Save to favorites »

Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats

By Stewart Bishop

The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.

Response attached | Read full article » | Save to favorites »

Attys Accused Of Judge Shopping Must Share Public Remarks

By Emily Sawicki

Attorneys accused of judge shopping two 2022 suits challenging an Alabama law criminalizing some gender-affirming care for transgender youths have been given 48 hours to turn over any public statements, releases or other information they or their organizations have shared about the disciplinary proceedings, just days ahead of a Monday hearing.

2 documents attached | Read full article » | Save to favorites »

Delaware's Corporate Law Debate Left 'Blood On The Floor'

By Jeff Montgomery

Delaware lawmakers have settled, for now, a rare, bitter, national fight over director rights to cede some powers to big stockholders, but the "Moelis" debate has also boosted friction between board and stockholder camps, with one retired law professor saying underlying litigation had left "blood on the floor."

Read full article » | Save to favorites »

Ex-Trump Aide Must Face Hunter Biden's Data Hack Suit

By Gina Kim

A California federal judge has refused to toss Hunter Biden's lawsuit accusing a former Trump White House aide of obtaining and publishing emails and photos purportedly taken from his laptop, finding Biden sufficiently alleged the aide illegally accessed a "protected computer" defined under the Computer Fraud and Abuse Act. 

Order attached | Read full article » | Save to favorites »

Girardi Wants To Block Evidence Of Ex-Clients' Injuries At Trial

By Ryan Boysen

At the upcoming fraud trial of disgraced attorney Tom Girardi, his defense attorneys want to exclude any mention of the horrific injuries suffered by the clients he allegedly stole from, while prosecutors want to introduce evidence that he allegedly spent $25 million to fund the lavish lifestyle of his former celebrity girlfriend.

2 documents attached | Read full article » | Save to favorites »

'Clearly Relevant' Fraud Claims Stay In Lin Wood Slander Trial

By Chart Riggall

Ahead of a trial where controversial attorney Lin Wood will face claims that he defamed his former law partners, a Georgia federal judge on Friday refused to keep out as evidence two state court lawsuits in which Wood is accused of stiffing them on legal fees and sheltering cash behind a real estate venture.

Order attached | Read full article » | Save to favorites »

Ohio Atty Reinstated After Flinging Feces-Filled Pringles Can

By Rachel Rippetoe

An Ohio criminal defense attorney suspended for filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center was reinstated this week, according to a court filing.

Notice attached | Read full article » | Save to favorites »

AAA, Worker End Sex Bias Suit After Missed Eclipse Day Depo

By Patrick Hoff

AAA and a former insurance agent told a Florida federal court Friday that they've settled the ex-employee's gender discrimination lawsuit amid a fight over how much his attorney owes the organization for missing a deposition because he was traveling to see April's solar eclipse.

Notice attached | Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Attorney Jonathan Mitchell and the New Civil Liberties Alliance lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court ruled that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives does not have the authority to ban firearm accessories known as bump stocks.

Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Workers have filed a new suit accusing Tesla of failing to stop racist behavior and sexual harassment in two California factories, despite previous lawsuits. And the former head of AIG's Legal Operations Center has lost his appeal on his claim that he was fired in retaliation for pointing out alleged fraud. These are some of the stories in corporate legal news you may have missed in the past week.​

Read full article » | Save to favorites »

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »

Series

Glassblowing Makes Me A Better Lawyer

I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

Read full article » | Save to favorites »

Promo that reads Law360 Pulse Lawyer Satisfaction Survey Promo that reads Law360 Pulse Summer Associates Survey

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Aaron & Partners LLP

Akin Gump

Anderson Kill

Badham & Buck

Bainbridge Mims

Baker McKenzie

Bartlett LLP

Beal Sutherland

Bell Nunnally

Bernstein Litowitz

Blank Rome

Boies Schiller

Bradley Arant

Brand Woodward

Bronstein Gewirtz

CMS Cameron McKenna Nabarro Olswang

Campbell & Williams

Campbell Johnston

Campbell Trohn

Carlton Fields

Clark Smith Villazor

Clyde & Co

Cohen Milstein

Conrad & Scherer

Continental PLLC

Cooley LLP

Cooper & Kirk

Copeland Franco

Cravath Swaine

DAC Beachcroft

DLA Piper

Davis Polk

Dickinson Wright

Dominick Feld

Dorsey & Whitney

Downey & Cleveland

Early Sullivan Wright Gizer & McRae

Earth & Water Law

Farella Braun

Fieldfisher

Finch Thornton

Fisher & Phillips

Florin Gray

Fox Williams

Freeths LLP

Gibson & Keith

Gibson Dunn

Girardi & Keese

Gowling WLG

Grant & Eisenhofer

Greenberg Traurig

Hamilton Lincoln Law Institute

Hill Dickinson

Hogan Lovells

Holland & Knight

Hueston Hennigan

Hunton Andrews

Jackson Lewis PC

James K. Green PA

Jenner & Block

John Exum Law

Jonathan C. Reiter Law Firm

Jones Day

Jones Foster

Jones Walker

Kalijarvi Chuzi

Keller Postman

Kemp Jones

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lawson Huck

Lewis Roca

Lewis Silkin

Lightfoot Franklin

Littler Mendelson

Losey PLLC

Macfarlanes LLP

Martin LLP

McDermott Will & Emery

McKool Smith

McLaughlin & Stern

Morgan Lewis

NechelesLaw

Norton Rose

O'Melveny & Myers

Parker McCay

Patterson Belknap

Perkins Coie

Pinsent Masons

Poole Huffman

Preiskel & Co.

Quinn Emanuel

Richards Layton

Ropes & Gray

Sasso & Sasso

Schaerr Jaffe

Searcy Denney

Seyfarth Shaw

Sheppard Mullin

Shook Hardy

Simpson Thacher & Bartlett LLP

Spratt Endicott

Stein Sperling

Stris & Maher

Tousley Brain

Wade Grunberg

Wagstaff & Cartmell

Ward Hadaway

Williams & Connolly

Winston & Strawn

Womble Bond

Wright Law LLC

Young & Ma

COMPANIES IN TODAY'S NEWS

Accenture PLC

Alliance Defending Freedom

Amazon.com Inc.

American Civil Liberties Union

American International Group Inc.

American Systems

Apple Inc.

Atlantic Coast Conference

BNSF Railway Co.

Barclays PLC

British Broadcasting Corp.

Cargill Inc.

Certares Management LLC

Chiquita Brands International Inc.

Coloplast A/S

Competitive Enterprise Institute

Debenhams PLC

Delaware State Bar Association

Eli Lilly & Co.

Energizer Holdings Inc.

Evergreen Marine Corp.

Exxon Mobil Corp.

Ford Motor Co.

Gay & Lesbian Advocates & Defenders

Georgia State University

Hertz Global Holdings Inc.

Instagram Inc.

International Centre for Settlement of Investment Disputes

Johnson & Johnson

Kiteworks

Knighthead Capital Management LLC

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Live Nation Entertainment Inc.

ManpowerGroup Inc.

Mercedes-Benz USA LLC

Moelis & Co.

NAACP Legal Defense and Educational Fund Inc.

NVIDIA Corp.

National Center for Lesbian Rights

National Rifle Association of America

New Civil Liberties Alliance

New York City Bar Association

Ohio State University Wexner Medical Center

PG&E Corp.

Paramount Global

Pfizer Inc.

Qatar Investment Authority

Raytheon Technologies Corp.

Reckitt Benckiser Group PLC

Sales Inc.

Sazerac Co. Inc.

Solicitors Regulation Authority Ltd.

Southern Poverty Law Center Inc.

Starbucks Corp.

Stryker Corp.

Tesla Inc.

The Boeing Co.

The District of Columbia Bar

The Progressive Corp.

TikTok Inc.

United Network for Organ Sharing

Volkswagen AG

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Civil Rights Department

Companies House

Delaware Court of Chancery

Equal Employment Opportunity Commission

Financial Conduct Authority

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

Manhattan District Attorney's Office

National Archives and Records Administration

Naval Facilities Engineering Systems Command

New York City Police Department

Ohio Supreme Court

Swinomish Indian Tribal Community

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the Southern District of Florida

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio