In Sheba Ethiopian Rest., Inc. v. DeKalb Cnty., Ga., No. 21-13077, 2023 WL 3750710 (11th Cir. June 1, 2023), the plaintiff alleged that the county selectively enforced its fire and zoning codes against it and other Ethiopian...more
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more
6/22/2023
/ Abortion ,
Administrative Procedure Act ,
Breach of Contract ,
Constitutional Challenges ,
Department of Defense (DOD) ,
Due Process ,
Equal Protection ,
First Amendment ,
Fraudulent Inducement ,
Free Exercise Clause ,
Free Speech ,
Health Insurance ,
Ministerial Exception ,
Ministerial Function ,
Professional Disciplinary Actions ,
Putative Class Actions ,
Religious Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RICO ,
Sex Discrimination ,
Trademarks
A jury found Vital Pharmaceuticals Inc., maker of Bang energy drink, and its CEO (together, Vital) liable for false advertising under the Lanham Act and awarded Monster Energy Co. (Monster) more than $271 million for damages...more
Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more
5/24/2023
/ Beneficial Owner ,
China ,
Comment Period ,
Commercial Property Owners ,
Constitutional Challenges ,
Controlling Person ,
Critical Infrastructure Sectors ,
Cuba ,
Foreign Investment ,
Foreign Nationals ,
Injunctive Relief ,
New Legislation ,
Property Owners ,
Public Property ,
Real Estate Investments ,
Rulemaking Process ,
Russia ,
Venezuela
This legislative session, Florida has joined Arkansas and Oklahoma among the most regulatory-minded states with respect to pharmacy benefit plans and programs as well as pharmacy benefit managers (PBMs). Florida's...more
5/19/2023
/ Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Governor DeSantis ,
Health Insurance ,
Medicare ,
Medicare Part D ,
New Legislation ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Regulatory Reform ,
State Health Plans
In the 15th episode of our "Florida Capital Conversations" podcast series William Large, President of the Florida Justice Reform Institute (FJRI), and Tiffany Roddenberry, Holland & Knight attorney, discuss Florida tort...more
Donors State Claims for Misuse of Their Funds, But Not as a Class Action -
In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
3/31/2023
/ Abortion ,
Administrative Procedure Act ,
Affordable Care Act ,
Charitable Donations ,
Charitable Organizations ,
Churches ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disparate Treatment ,
EB-4 ,
Establishment Clause ,
Firearms ,
First Amendment ,
Gay Conversion Therapy ,
Gender Identity ,
Healthcare Facilities ,
Ministerial Exception ,
Misuse or Misdirection of Funds ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Second Amendment ,
Sex Discrimination ,
Title IX ,
Title VII ,
USCIS ,
Visas
Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day...more
A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more
3/16/2023
/ Advertising ,
Article III ,
Beverage Manufacturers ,
Class Action ,
Consumers Legal Remedies Act ,
Defense Strategies ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
FRCP Rule 23(b)(2) ,
Injunctive Relief ,
Judicial Notice ,
Residency Requirements ,
Slack-Fill Suits ,
Standing ,
Unfair Competition ,
Whole Foods
The U.S. Department of Education (Department) published its newest "Dear Colleague Letter" (DCL ID: GEN-23-03) on Feb. 15, 2023, making sweeping changes to the regulation of agreements between institutions of higher education...more
2/27/2023
/ Compliance ,
Dear Colleague Letter ,
Department of Education ,
FERPA ,
Financial Aid ,
New Guidance ,
Risk Management ,
Student Loans ,
Third-Party ,
Third-Party Service Provider ,
Title IV
In Dicroce v. McNeil Nutritionals, LLC, No. 21-11660, 2022 WL 16847696 (D. Mass. Nov. 10, 2022), a consumer brought a putative class action lawsuit under the Massachusetts laws prohibiting deceptive trade practices and false...more
Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more
1/10/2023
/ Churches ,
Constitutional Challenges ,
Due Process ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Ministerial Exception ,
Public Accommodation ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Transgender ,
Vaccinations
Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more
7/21/2022
/ CARES Act ,
Churches ,
Establishment Clause ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Government Speech Doctrine ,
Jurisdiction ,
Military Service Members ,
Ministerial Decisions ,
Prayer ,
Private Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sex Discrimination ,
Standing ,
Summary Judgment ,
The Lemon Test ,
Tuition ,
Vaccinations
In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Drive-Throughs ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Putative Class Actions ,
Sexual Harassment ,
Wage and Hour
In the waning days of the 2022 legislative session, the Florida Legislature passed Committee Substitute for House Bill 7 (CS/HB 7), which would limit workplace training and instructional materials and practices bearing on...more
Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more
2/4/2022
/ Administrative Procedure Act ,
Affiliates ,
Calculation of Damages ,
Churches ,
Coronavirus/COVID-19 ,
Employer Mandates ,
First Amendment ,
Free Exercise Clause ,
Military Service Members ,
Morals Clauses ,
Non-Immigrant Visas ,
Private Schools ,
R-1 Visas ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Remand ,
Reversal ,
Title VII ,
USCIS ,
Vaccinations
In the ninth episode of our "Florida Capital Conversations" podcast series, Former Governor Bob Martinez provides insight into the executive branch and shares his fascinating and versatile personal journey to becoming the...more
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preemption ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more
Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
12/23/2021
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Health Care Providers ,
Healthcare Facilities ,
Medicaid ,
Medicare ,
Order to Lift Stay ,
OSHA ,
Preemption ,
Preliminary Injunctions ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Florida healthcare providers billing federal programs may again face a complicated COVID-19 quandary. The U.S. Court of Appeals for the Eleventh Circuit has denied the state of Florida's request for an injunction against the...more
12/9/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Governor DeSantis ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
New Legislation ,
Preemption ,
Stays ,
Vaccinations
In the eighth episode of our "Florida Capital Conversations" podcast series, Government Section Leader Karen Walker and litigation attorney Tiffany Roddenberry focus on state and local government procurement. With states like...more
Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more
10/18/2021
/ Abuse of Discretion ,
Anti-Kickback Statute ,
Appeals ,
Attorney-Client Privilege ,
Comment Period ,
Criminal Investigations ,
Discovery ,
Draft Guidance ,
Evidence ,
Failure To State A Claim ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Kickbacks ,
Managed Care Contracts ,
Medicaid ,
Medicare ,
Patient Referrals ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Scienter
Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more
10/6/2021
/ Affordable Care Act ,
Attorney's Fees ,
Chevron Deference ,
Churches ,
Coronavirus/COVID-19 ,
Employment Contract ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Free Exercise Clause ,
Free Speech ,
Hostile Environment ,
Indemnification ,
Ministerial Exception ,
Morals Clauses ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Constitutions ,
Subject Matter Jurisdiction ,
Title IX ,
Title VII ,
Tortious Interference ,
Transgender ,
Tuition ,
Visas