We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results:1-10 of 287

Florida Now Follows New York to Find No Common Law Public Performance Right For Pre-1972 Sound Recordings
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 27 2017

A few months ago, we brought to your attention a case initiated by The Turtles, seeking royalties in New York for the unauthorized performance of

Federal court allows ERISA fiduciaries to seek contributions from other fiduciaries, creating more uncertainty in ERISA litigation
  • Jenner & Block LLP
  • USA
  • November 9 2012

In Guididas v. Community National Bank Corp., No. 8:11-cv-2545-T-30TBM (M.D. Fla. Nov. 5, 2012), a federal district court in Florida declined to dismiss a claim for contribution or indemnity that ERISA fiduciaries sought to bring against other plan fiduciaries.

Federal judge rules that two state AGs may sue Capital One notwithstanding nationwide class action settlement
  • Dykema Gossett PLLC
  • USA
  • August 23 2012

Under the Class Action Fairness Act of 2005, 28 U.S.C. 1715, federal court litigants are generally required to send notice of a proposed class action settlement to the "appropriate state official" of every state whose citizens would be affected by the settlement.

Circuit Court rules that Amendment 7 must be stricken from ballot, but leaves open possibility of correcting the deficiency
  • Holland & Knight LLP
  • USA
  • January 3 2012

In Shapiro v. Browning, Case No. 2011-CA-1892 (Fla. 2d Cir. Ct. Dec. 13, 2011), Circuit Judge Terry Lewis handed down a ruling on cross-summary judgment motions that at least temporarily removed from the November ballot a proposed constitutional amendment that would repeal Florida’s “Blaine Amendment” (a provision that bans certain public funding of churches and other religious organizations).

Former state Senator Nancy Argenziano challenges Florida’s election law in Second Circuit
  • Holland & Knight LLP
  • USA
  • January 3 2012

In Argenziano v. Browning, Case No. 2011-CA-003484 (Fla. 2d Cir. Ct. filed Dec. 9, 2011), former state Senator Nancy Argenziano is challenging as unconstitutional the requirement that in order to qualify for nomination as a candidate of a political party, a person must sign an oath that he or she “has not been a registered member of any other political party for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify”.

Judge declares legislative attempt to mandate privatization of 29 existing state prisons through proviso in the General Appropriations Act unconstitutional
  • Holland & Knight LLP
  • USA
  • October 6 2011

In Baiardi v. Tucker, Case No. 2011 CA 1838 (Fla. 2d Cir. Ct. Sept. 30, 2011), a circuit court in the Second Judicial Circuit held that the appropriations act “proviso, which mandates that the Florida Department of Corrections privatize numerous facilities in a single procurement, is unconstitutional under Article III, Sections 6 and 12 of the Florida Constitution."

Pharmaceutical representatives as exempt? Contrary to the 3rd and 9th Circuits, a Florida District Court enters the fray
  • Seyfarth Shaw LLP
  • USA
  • July 18 2011

On July 12, 2011, a federal district court in the Southern District of Florida jumped into the divide over whether pharmaceutical representatives are exempt from the FLSA’s overtime requirements.

Substantive consolidation and nondebtor entities: the fight continues
  • Jones Day
  • USA
  • June 1 2011

Although it has been described as an "extraordinary remedy," the ability of a bankruptcy court to order the substantive consolidation of related debtor-entities in bankruptcy (if circumstances so dictate) is relatively uncontroversial, as an appropriate exercise of a bankruptcy court's broad (albeit nonstatutory) equitable powers.

TOUSA: $300 million revolving loan facility avoids fraudulent conveyance attack.
  • Chadbourne & Parke LLP
  • USA
  • March 8 2011

In a second decision of the United States District Court for the Southern District of Florida involving secured lenders to bankrupt homebuilder TOUSA, Inc., on March 4, 2011, Judge Adalberto Jordan affirmed the dismissal of fraudulent conveyance claims brought against the lenders on a revolving credit facility.

Outside directors named in SEC financial fraud case
  • Dorsey & Whitney LLP
  • USA
  • March 1 2011

SEC v. DBH Industries, Inc., Civil Action No. 0:11-cv-60431 (S.D. Fla. Filed Feb. 28, 2011) and SEC v. Krantz, Civil Action No. 0:11-cv-60432 (S.D. Fla. Filed Feb. 28, 2011) are two fraud actions arising from the demise of military bullet proof vest manufacturer DBH Industries, otherwise known as Pont Blank Solutions.