LexisNexis® Legal Newsroom
Apalachicola River in Florida

Florida Judge Sets Aside Verdict In Favor Of Police Whistleblower, Finding Trial Tainted By Juror Untruthfulness About Bias Toward Police

Plaintiff Jeffrey Kogan, an employee of the Broward County Sheriff's Office (BCSO), was a detective in the homicide division. Plaintiff was attempting to apprehend a suspect with other members of the BCSO, as well as Fort Lauderdale Police Department (FLPD) officers, when he allegedly observed an...

Florida Jury Awards $776,000 To Widow Of Smoker Who Died Of COPD (Watch The Closing Argument Videos)

MIAMI — (Mealey’s) A Florida state court jury awarded $776,000 June 18 to the widow of a man who died of chronic obstructive pulmonary disease (COPD) after more than 50 years of smoking ( Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 07-46973-CA-22, Fla. 11th Jud. Cir.,...

Florida Jury Hears Openings In Trial Of Suit Filed By Widower Of Longtime Smoker (Watch The Opening Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way in Florida state court on June 23 with opening statements in a suit alleging that a woman’s death from lung cancer and other smoking-related diseases was caused by her addiction to cigarettes ( John McCoy, et al. v. R.J. Reynolds...

Florida map glasses eyes on

BP Agrees To Pay $18.7 Billion To Resolve Claims Over Gulf Oil Spill

NEW ORLEANS — (Mealey’s) BP Exploration & Production Inc. will pay $18.7 billion over the course of 18 years to resolve Clean Water Act (CWA) and natural resource damages claims from the federal government and states of Alabama, Florida, Louisiana, Mississippi and Texas stemming from...

Florida Jury Awards $1.5 Million To Smoker’s Widower, Begins Considering Punitive Damages (Watch Video Excerpts Of The Closing Statements)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury on July 13 awarded $1.5 million to the widower of a woman who died of lung cancer after years of smoking ( John McCoy, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2008-CV-025806 (19), Fla. 17th Jud. Cir., Broward Co.). ...

Florida Jury Adds $9 Million Punitive Award To $1.5 Million In Compensatory Damages (Watch The Opening, Closing Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) A Florida state court jury on July 17 awarded $9 million in punitive damages — $3 million each against R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. — to the widower of a woman who died of lung cancer after years...

State Net Capitol Journal: Florida Supreme Court Rejects Congressional Remap

The Florida Supreme Court threw the state’s political landscape into chaos this month when it threw out the congressional district map drawn by the Republican-led Legislature in 2010, as well as a revised map drawn by the Legislature last year, and ordered lawmakers to come up with a new map by...

Florida Jury Returns $14.5 Million Verdict For Woman Smoker With Oral Cavity Cancer

MIAMI — (Mealey’s) A Florida state court jury awarded $14.5 million July 23 to a woman who alleged that her oral cavity cancer was caused by her 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. ( Carmenza Merino v. Philip Morris USA Inc. , No. 08-1287-CA-25, Fla. 11th...

Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer (Watch The Opening Statements Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way with opening statements on July 22 in a suit alleging that a woman’s death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Lillian Kaplan v. R.J. Reynolds Tobacco Co...

Florida Jury Awards $11 Million To Former Smoker With COPD (Watch The Opening And Closing Statements Video Excerpts)

JACKSONVILLE, Fla. — (Mealey’s) A Florida state court jury on Aug. 3 awarded $3.2 million in punitive damages to a woman who alleged that her years of smoking caused her to develop chronic obstructive pulmonary disease (COPD) that resulted in two lung transplants ( Elaine Jordan v. Philip...

Jury Hears Opening Arguments Involving Asbestos Hazards, Product Identification (Watch The Video Excerpts Of Opening Arguments)

MIAMI - (Mealey's) Parties in a Florida asbestos trial on Aug. 4 sparred over whether a company continued to produce asbestos-containing joint compound despite known risks and how well a man could identify the product in question ( Roy Taylor v. Georgia-Pacific LLC and Union Carbide Corp. , No. 2014...

Florida Jury Awards $1 Million To Estate Of Longtime Smoker Who Died Of Lung Cancer (Watch The Opening, Closing Statements Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $1,028,000 Aug. 7 to the estate of a woman who developed constructive obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking ( Lillian Kaplan v. R.J. Reynolds Tobacco Co. , No. 08-19469, Fla. 17th Jud. Cir...

Florida School District Pays $200K After Death Of Students Who Were Hypnotized

A school district in Florida paid a settlement of $200,000 to each of three families of high school students who died soon after they were hypnotized by their principal. George Kenney of North Port High School confessed that he hypnotized a 16-year-old, Wesley McKinley, one day before the teenager was...

State Net Capitol Journal: Gulf Oil Spill Settlement Swells

The U.S. Justice Department has reached a $20.8 billion final settlement with BP over its role in the 2010 Gulf of Mexico oil disaster. That sum is $2.1 billion bigger than the $18.7 billion initial settlement announced in July, which was already the largest environmental settlement, as well as the largest...

David Shulman: ULC’s Revised Uniform Fiduciary Access to Digital Assets Act Supported by Tech Industry

By David Shulman The Uniform Law Commission is a non-profit organization that drafts “model” or “uniform” laws that can be adopted by state legislatures. Individual legislatures can then adopt the act as is, or can tweak it as they see fit. I have previously written about the...

Competitor Loses at Paintball but Scores in Court

While a trip to a Disney-owned sports complex proved to be less than magical for the plaintiff, the Court of Appeal of Florida, Fifth District in Peterson v. Flare Fittings, Inc., 2015 Fla. App. LEXIS 14990 (Fla. Dist. Ct. App. 5th Dist. Oct. 9, 2015) , offered him a happier ending. Owen Peterson...

Rowdy Golfer Can’t Keep Evidence From Jury In Personal Injury Case

A rowdy golfer who became teed off at police following a golf cart accident could not keep this evidence from the jury in a personal injury case stemming from an earlier accident, the Court of Appeal of Florida, Third District, ruled in Maniglia v. Carpenter, 2015 Fla. App. LEXIS 16609, 40 Fla. L. Weekly...

No FLMA Retaliation Due to Facebook Postings

The United States District Court for the Middle District of Florida, Tampa Division c onsidered whether an employee was properly fired due to his Facebook postings while on leave under the Family and Medical Leave Act (FLMA). The employee had shoulder surgery and was on leave under the FLMA; he also...

UPS Sent Packing

The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C.S. § 11706 et seq., did not preempt the state-law claims of an artist who saw red when her oil paintings were auctioned off after the men in brown allegedly removed them from their packaging. In Mlinar v. United Parcel Service , 2016...

THREE LAWYERS DISBARRED FOR DUI SCHEME AGAINST OPPOSING COUNSEL!

A cunning plan by lawyers to discredit opposing counsel began in a bar—and ended in their permanent disbarment by the Florida Supreme Court, as reported in the consolidated cases of Florida Bar v. Adams and Florida Bar v. Filthaut , 2016 Fla. LEXIS 1906. Robert D. Adams, Adam Robert Filthaut...

AAO 212(h) CIMT Victory: Matter of A-A-N-V-

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§ 810.02(1). The record further reflects that on...

Habeas Victory in Florida: Khan v. Whiddon

On Sept. 7, 2016, Sui Chung writes: "This morning, in Khan v. Whiddon et al . , the Middle District of Florida granted a habeas corpus petition pursuant to Sopo v. U.S. Attorney General , 825 F.3d 1199 (11th Cir. 2016), for detainee of 4.5 years. The court held that despite multiple continuances...

Unpub. BIA on Fla. Trafficking

Matter of X-, Nov. 8, 2016 (unpub.) - "A conviction under Fla. Stat. § 893.13(1 )(a)(2) for possession with intent to sell ... does not require a showing of an attempt or substantial step towards the completion of unlawful trading or dealing. Indeed, it could involve merely a change in a possessor's...