On July 10, 2025, the Supreme Court of Florida held that a claimant need not specifically allege they are seeking relief under the Florida Civil Rights Act (FCRA) in a charge of discrimination dual filed with the Equal...more
7/21/2025
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Florida ,
Retaliation ,
State Labor Laws
On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more
On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more
5/2/2025
/ Charter Schools ,
Constitutional Challenges ,
Educational Institutions ,
Establishment Clause ,
First Amendment ,
Free Speech ,
Oral Argument ,
Religious Discrimination ,
Religious Schools ,
SCOTUS ,
State and Local Government
Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more
On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more
In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer....more
Being a young attorney is difficult. Success depends on having the right skillset. This includes tools relevant to the job of being an attorney, but also tools that will allow you to do the job effectively...more
On March 15, 2024, the United States Supreme Court handed down its decisions in Lindke v. Freed and O’Connor-Ratcliff v. Garnier, two similar cases which broadly asked when public officials may be liable for their use of...more
A recent United States Supreme Court decision on the scope of personal jurisdiction, i.e., a court’s authority to exercise jurisdiction over a particular party, could potentially have lasting impacts on the way states decide...more
7/5/2023
/ Commerce Clause ,
Due Process ,
Florida ,
Fourteenth Amendment ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Pennsylvania ,
Personal Jurisdiction ,
Scope of Discovery Requests ,
SCOTUS ,
Toxic Exposure
In yet another example of the Florida Sunshine Law’s virtually unblemished and undefeated record, the Fourth District Court of Appeal recently reversed a trial court’s decision that the Palm Beach County Canvassing Board and...more
This past week, the United States Court of Appeals for the Eleventh Circuit held that private causes of action brought under the Medicare Secondary Payer Act (MSP Act) are not preempted by contractual and state procedural...more
Florida has the most open public records law in the country so it is imperative that public agencies and businesses that work with them have a thorough understanding of what constitutes a public record and how to...more
As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more
10/11/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Carson v Makin ,
Disability Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Reasonable Accommodation ,
Religious Accommodation ,
Risk Management ,
SCOTUS ,
Stop Woke Act
Earlier this summer, the U.S. Supreme Court found that Maine’s tuition assistance program violated the Free Exercise Clause of the First Amendment. In order to fulfill the Maine Constitution’s guarantee that every child...more
While it is axiomatic that when the government speaks, it speaks only for itself; however, the line between government and private speech can be easily blurred. The City of Boston learned this lesson the hard way when the...more
Well that didn’t take long. Fresh off the Supreme Court’s June 2022 decision in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022), the Court of Appeals for the Eleventh Circuit has resolved any ambiguity as to...more
The Court of Appeals for the Eleventh Circuit recently reversed a district court’s denial of Rule 11 motions filed after final judgment had been entered. The Eleventh Circuit found the district court incorrectly read recent...more
In a recent decision, the Second District Court of Appeal (“Second DCA”) reiterated what is, and is not, covered by the attorney-client privilege. This decision provides additional guidance to school boards—and other public...more
On January 13, 2022, the Supreme Court issued rulings in two consequential cases involving COVID-19 vaccination mandates enacted by two different Federal agencies, one from the Occupational Safety and Health Administration...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As all are keenly aware, the Covid-19 pandemic and its effects have “had far-reaching effects,” and it “has changed everything from the way that friends and families interact to the way that businesses and schools operate to...more
11/22/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Governor DeSantis ,
Healthcare Workers ,
Joe Biden ,
New Legislation ,
OSHA ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
In the colorfully known “cursing cheerleader” case, the U.S. Supreme Court found a student’s school violated her First Amendment rights. In an 8-1 decision authored by Justice Breyer and decided Wednesday, June 23, 2021, the...more
In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more
5/3/2021
/ Code of Conduct ,
Disciplinary Proceedings ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Mahanoy Area School District v B.L. ,
Online Platforms ,
Oral Argument ,
SCOTUS ,
Snapchat ,
Student Speech ,
Students ,
Tinker v Des Moines Independent Community School Dist.
RumbergerKirk attorneys Nicole Smith, Samantha Duke, and Jeffrey Grosholz secured a final summary judgment in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co. in the United States District Court for the Northern District...more
In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more