JURIST

MAY 25, 2021

Florida Governor Ron DeSantis signed a bill into law Monday that prohibits social media platforms from “willfully deplatforming a candidate” during an election, adding fuel to the conflict between Republicans and the tech industry. Violations can carry a fine of up to $250,000 per day.

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SCOTUSBlog

FEBRUARY 26, 2024

Share The Supreme Court on Monday appeared skeptical of a pair of laws in Texas and Florida that would regulate how large social media companies control content posted on their sites. Two trade groups representing social media platforms went to federal court to challenge the laws. Both laws were passed in the wake of the Jan.

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JURIST

JANUARY 24, 2023

In court, Mackey argued that he did not commit, engage in, or link with anyone within the EDNY. However, the court held the historical procedures have long recognized that the “interpretative dynamism [is] necessitated by the rapid technological change.”

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LegalReader

AUGUST 4, 2022

The amount of child support that a person gives will be based on the most current child support guidelines that are detailed in the Florida Statute § 61.30.

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JURIST

AUGUST 16, 2024

A US federal judge in Florida ruled on Thursday that the Federal Trade Commission’s (FTC) impending ban on non-compete clauses in employment contracts is likely unlawful and enjoined it. The judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so.

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Real Estate Statute Contract Court 210

SCOTUSBlog

JANUARY 9, 2022

In that case, the Medicaid statute obligates the state to “seek reimbursement” from the person who committed the tort, and it requires (in 42 U.S.C. Prior Supreme Court decisions have made clear that the state is entitled only to the portion of the settlement attributable to medical expenses.

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The Crime Report

FEBRUARY 10, 2022

When Larry Fordham Jr learned about the Second Chance Pell program in 2020, he only wanted one thing: to walk out of a Florida prison with a college degree. “I Like nearly every public college, Florida colleges charge state residents much lower tuition than students who live outside the state. A Major Barrier.

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SCOTUSBlog

JULY 1, 2024

Share The Supreme Court on Monday sent a pair of challenges to laws in Texas and Florida that would regulate how large social media companies control content posted on their sites back to the lower courts for another look. The court agreed to send the cases back to the U.S. Courts of Appeals for the 5th and 11th Circuits.

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SCOTUSBlog

NOVEMBER 16, 2023

Share A divided Supreme Court on Thursday denied Florida’s request to allow it to temporarily enforce a law that makes it a misdemeanor to allow children at drag performances. The brief unsigned order means that the state cannot apply the law anywhere in the state while a Florida restaurant’s challenge to the law continues.

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The Crime Report

SEPTEMBER 20, 2022

Juvenile Court jurisdiction should be based on a young person’s age at the time of their offense, replacing statutes in some states that kick a juvenile case up to adult criminal court when a person turns 18 during the course of court proceedings, according to a forthcoming essay in the Villanova Law Review.

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Patently O

MAY 25, 2021

In performing the personal jurisdiction analysis, the Middle District of Florida lays out the roadmap for the examination, indicating that the court will need to go through specific and general jurisdiction analyses. Here, the court produces a lengthy quote from Ford , setting the scene for the examinations.

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SCOTUSBlog

JANUARY 5, 2024

Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. Paxton and Moody v.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court will kick off its 2023-24 term on the traditional first Monday in October. The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights. A three-judge panel of the U.S.

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JURIST

MARCH 17, 2022

The Northern District Court of California Tuesday ruled that Major League Baseball (MLB) violated Arizona and Florida state minimum wage laws when not paying minor leaguers during spring training, instructional leagues, or extended spring training. Chief Magistrate Judge Joseph C.

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SCOTUSBlog

JUNE 14, 2021

Share The Supreme Court unanimously ruled on Monday that people convicted of certain low-level crack-cocaine offenses are not eligible for sentencing reductions under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Justice Clarence Thomas wrote the opinion for the court in Terry v. United States.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. Florida’s statute includes a formula that allocates $300,000 to past and future medical expenses. The case, Gallardo v.

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JURIST

FEBRUARY 11, 2022

In 2018, the Supreme Court overturned the Professional and Amateur Sports Protection Act which had effectively made sports betting illegal in most states since 1992. In Ohio, Nebraska, and Florida, legislation has passed and legalization is pending as state governments plan how to roll out their systems.

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Sports Legal Legal Statute 118

Broadcast Law Blog

JULY 16, 2021

One example is a recent US District Court ruling on a motion for summary judgment of a copyright lawsuit brought by a photographer when his photos of Willie Nelson and Carlos Santana appeared on a news website to illustrate articles on the musicians. However, relying on the creative commons license can be perilous.

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Mondaq

OCTOBER 19, 2021

7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the. Earlier this month in Levy v. SC20-1195, 2021 WL 4614308 (Fla.

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Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

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Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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LettersBlogatory

SEPTEMBER 6, 2021

Cape Florida Seafood (S.D. The court therefore turned to the question whether the commercial activities exception to foreign sovereign immunity applied. The court relied on the Second Circuit’s Pablo Star decision. The court agreed with Norway on this ground. The current text of the statute is not a great fit.

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Patently O

SEPTEMBER 12, 2022

Patentee’s were concerned with repeat harassment by accused infringers; Accused infringers were concerned that IPRs would be ineffective and that they would then lose their right to challenge the patent in court. We now know that IPRs are very effective, but sometimes patent challengers would still like a second bite.

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The IP Law Blog

AUGUST 26, 2021

The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. They filed similar suits in Florida and New York contending that those states’ copyright laws required a similar result. Sirius XM Radio, Inc. , In 1908, the U.S.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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FDA Law Blog

FEBRUARY 16, 2022

FDA, ruled that limiting Orphan Drug Exclusivity to the indication, rather than the condition designated, is inconsistent with the plain language of the statute. Thus, absent a demonstration of clinical superiority, the Court held that FDA’s approval of Ruzurgi during the Firdapse 7 years of Orphan Drug Exclusivity violated the APA.

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Diane Drain

APRIL 15, 2021

At $150,000, Arizona already has one of the higher homestead exemptions, according to Asset Protection Planners, though eight states including Texas and Florida offer unlimited protection. Another is that it would turn any existing court judgment into a lien on a person’s home, automatically and retroactively.

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Laws Small Business Attorney Finance 211

Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no. After the yacht ran aground in Florida and sustained significant damage, Raiders filed a claim. The trial court ruled in favor of GLI.

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Court Contract Laws Statute 69

Court-MartialTrialPractice

JANUARY 30, 2021

Similar to its federal counterpart , section 90.404(2)(a) of the Florida Statutes states that. And, as the recent opinion of the District Court of Appeal of Florida, Third District, in Posey v. 3rd 2021), makes clear, Florida similarly allows for “reverse Williams ” evidence. Continue reading.

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SCOTUSBlog

FEBRUARY 21, 2022

Gambling on tribal lands first came to prominence with a Seminole casino in Florida in the late 1970s. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Some background about the general compromise that governs that problem sets the stage for this dispute. Cabazon Band of Mission Indians.

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SCOTUSBlog

JULY 9, 2024

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. This week, we highlight petitions that ask the court to consider, among other things, whether that 30-day deadline bars owners from reclaiming property if they file with a missing signature. In Sanchez v.

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Constitutional Law Reporter

FEBRUARY 14, 2025

Supreme Court tackled some of the most closely watched cases of the term. Circuit Court of Appeals upheld the ban, finding that the governments national security justificationswere valid. The Court also considered five other cases. Upon returning from break, the U.S. In TikTok Inc. Below is a brief summary: Stanley v.

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Patently O

AUGUST 22, 2022

Bonito Boats centers on a Florida statute prohibiting copying of unpatented boat hulls via direct molding. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. And, in addition the court noted that trade secrets protect a “most fundamental human right, that of privacy.”

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The Crime Report

JUNE 16, 2022

Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. This means that the court must find beyond a reasonable doubt that the defendant meant to harm the individual before being provoked or engaging in a mutually combated altercation.

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Mondaq

SEPTEMBER 21, 2022

Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We've been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause.

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SCOTUSBlog

APRIL 19, 2021

Share On June 21, 2019, the Supreme Court handed down its opinion in Rehaif v. United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon.

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Patently O

MARCH 14, 2021

In its decision, the appellate court repeated a prior conclusion that Judge Albright’s approach represented “egregious delay and blatant disregard for precedent.” However, the court should take into account evidence presented by the defense (including affidavits). 28 USC 1391). In Raytheon Co. Cray, Inc. ,

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