Fuerst Ittleman David & Joseph

I recently learned of Eli Lilly & Co.’s (“Lilly”) recent lawsuit against FDA from Nicole DeFeudis, who interviewed me for her Endpoints News story about the case. Lilly’s lawsuit, filed in September 2024 in the Southern District…more

1/15/2025 / Administrative Law, Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

FDA Issues Five Warning Letters to Makers of Knockoff GLP-1 Drugs

On December 17, 2024, the FDA published five (5) warning letters previously issued to makers of knockoff GLP-1 drugs. Four of the five warning letters were to companies (specifically, Xcel Research, Prime Vitality, Summit…more

12/20/2024 / Administrative Law, Criminal Law, Science, Computers, & Technology

Compounded GLP-1 Drugs: is the Party Over? These Are the Legal and Regulatory Issues for Game Changing Weight Loss Products and the Companies Selling Them

Author’s Note: This is an updated version of the post to our blog dated October 30, 2024. Later that day, FDA announced the resolution of Novo Nordisk’s semaglutide shortage, which altered the conclusion of our original post and…more

11/4/2024 / Business Organizations, Civil Procedure, Consumer Protection, Health, Intellectual Property

Does the Failure to Comply With a Pre-suit Mediation Clause Result in the Waiver of the Right to Arbitration? Only the Arbitrator Knows!

Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat., et…more

10/17/2024 / Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

“Fourth-Order” Arbitration Disputes and Mandatory Stays During Arbitration—a Busy Month in Supreme Court for Arbitration Case Law

In close succession, the Supreme Court of the United States recently decided two short but meaningful cases that arbitration litigants must keep in mind: Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (May 23, 2024) and Smith v…more

7/2/2024 / Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Corporate Transparency Act: Executive Summary

The Corporate Transparency Act became law in the United States on January 1, 2021 and required compliance beginning on January 1, 2024. For more information about the background of the statute, please read our prior articles…more

2/7/2024 / Business Organizations, Finance & Banking, Securities Law

Arbitration in Action: When Challenging an Arbitration Agreement’s Delegation Clause, Do So Specifically—and Challenge the Right Thing

Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the non-arbitrability…more

1/25/2024 / Alternative Dispute Resolution (ADR)

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay Between Joint Proposals and Indemnification Agreements.

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate…more

1/24/2024 / Civil Procedure, Commercial Law & Contracts

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the Court…more

9/26/2023 / Civil Procedure, Communications & Media Law

Federal Litigation Update: The Eleventh Circuit Clarifies When Expert Reports are Required by Fed. R. Civ. P. 26(a)(2)(B).

On August 4, 2023, in Cedant v. United States, No. 21-12661, –F.4th–, 2023 WL 4986402 (11th Cir. August 4, 2023), the Eleventh Circuit clarified who must provide expert reports under Fed. R. Civ. P. 26(a)(2)(B). More…more

8/30/2023 / Civil Procedure

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home negligence complaint that did not comply with section 400.023, Florida Statutes.

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order denying…more

8/23/2023 / Business Organizations, Civil Procedure, Personal Injury

Florida’s Insurers Rehabilitation and Liquidation Act: What Happens in Florida When Insurers Become Insolvent

Current state of affairs - Even before Hurricane Ian made landfall and devastated southwest Florida in September 2022, six property & casualty insurers had voluntarily declared themselves insolvent and allowed the State to…more

4/13/2023 / Bankruptcy, Finance & Banking, Insurance

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened the…more

4/13/2023 / Administrative Law, Business Torts, Toxic Torts

FinCEN Issues Final Rule for Beneficial Ownership Reporting Requirements Under the Corporate Transparency Act

On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) promulgated its much-anticipated Final Rule implementing the beneficial ownership reporting scheme mandated by the Corporate Transparency Act. FinCEN’s…more

10/24/2022 / Business Organizations, Finance & Banking, Taxation

Navigating Unjust Enrichment Claims in Florida: Direct (and Indirect) Lessons from CFLB Partnership, LLC v. Diamond Blue Int’l, Inc., and Its Predecessors

A sometimes-overlooked factor in unjust enrichment claims is that the claimant must directly confer a benefit on the defendant—not indirectly, not effectively, not practically, but directly. The Florida Supreme Court made this…more

9/14/2022 / Business Organizations, Civil Procedure

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Fuerst Ittleman David & Joseph

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