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Reversal Florida

Mintz

EPA is out with a new rule about the delegation of "dredge and fill" permitting authority. Will any states care?

Mintz on

The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps of Engineers' "dredge and fill" permitting responsibilities under Section 404 of the...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

Butler Snow LLP

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

Butler Snow LLP on

*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

King & Spalding

Eleventh Circuit Holds That Florida UCC Registry Is Subject to “Zero-Tolerance Rule” on Properly Naming Borrower

King & Spalding on

On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit, applying the Florida Supreme Court’s answer to a certified question, held that a creditor that filed a UCC-1 financing statement under an abbreviated...more

Rumberger | Kirk

Eleventh Circuit Court of Appeals Reverses District Court Decision on Florida’s Vaccine Passport Ban

Rumberger | Kirk on

The decision is a win for the Florida governor who sought to protect Florida citizens who chose not to get vaccinated. In a 2-1 decision reversing United States District Judge Kathleen Williams’ 2021 Preliminary...more

White and Williams LLP

Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

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Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

Rivkin Radler LLP on

Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2

The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more

Rumberger | Kirk

Mental Health, Baker Act, and Firearms: What's an Agency to Do?

Rumberger | Kirk on

Florida’s law enforcement agencies are frequently presented with calls for service involving individuals threatening others or themselves. When qualifying conditions are met, officers may involuntarily commit those who pose a...more

Robinson+Cole Property Insurance Coverage...

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

Ballard Spahr LLP

Fla. Appellate Court Reverses Itself In Key Foreclosure Victory For Mortgage Industry

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The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so...more

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