#Florida federal court

[andrewjbernhard]

Challenging Attorney’s Fees in Florida Federal Courts

Are you facing challenges with prevailing party attorney’s fees in Florida federal court? Our latest post breaks down everything you need to know! From improper block billing and duplicative charges to relief from excessive fee awards. #bernhardlawfirm

Introduction In Florida’s federal courts, the issue of attorneys’ fees can become a contentious point of litigation, particularly when it comes to claims for prevailing party attorneys’ fees. Understanding how to challenge these claims is crucial for attorneys and parties involved in litigation. This article will explore the legal framework surrounding attorneys’ fees in federal court, the…

[tomorrowusa]

« To keep it simple for the State of Florida: it’s the First Amendment, stupid. »

— Mark E. Walker, Chief United States District Judge, Northern District Of Florida Tallahassee Division. From US Courts.

It's not often you see such blunt language in court orders. But Florida Gov. Ron DeSantis was making threats to broadcasters not to air ads favoring Amendment 4 – the right to abortion amendment. Judge Walker issued a temporary injunction in favor of the plaintiffs.

U.S. judge blocks DeSantis admin’s threats to broadcasters over Amendment 4 ads

Florida gives us a peek at what a second Trump administration would look like. This particular case covers several areas.

Freedom of Speech. DeSanctimonious tried to abridge the First Amendment for political gain.

Independent judiciary. A federal judge not beholden to politicians was able make this ruling based on established law. Certain politicians wish to pack the courts with hacks and political cronies.

Abortion. DeSanctimonious is doing everything possible to repress reproductive freedom.

Election interference. Not being able to air political advertising is a form of interference in a legal election.

You can see how Trump would use similar techniques based on his comments and on his Project 2025.

To support free speech, an independent federal judiciary, reproductive freedom, and free elections – vote for Kamala Harris.

We're just 2½ weeks from Election Day. Have you contacted people you know in swing states? Voters are far more likely to follow the advice of friends than to be swayed by ads. Don't wait until the last minute to get involved in saving your freedom.

[blessedmoonsoul]

just watched that pr*gerU video of Frederick douglass saying slavery was a necessary compromise.........

[186-3]

even if you're resigned that trump is going to win, 1/3 of the country lives in states with competitive senate elections. if democrats win the senate, there is very little that trump can do (can't even appoint supreme court nominees)

the following states all have competitive senate elections:

arizona

florida

maryland

michigan

montana

nevada

ohio

pennsylvania

texas

wisconsin

even if you don't think your state is competitive at all, THESE SENATE RACES STILL ARE, SO IF YOU LIVE IN ONE OF THESE STATES, MAKE SURE TO VOTE

and even if you don't live in one of those states, you could live in a competitive house seat. if democrats win the house, then trump can't pass any bills

and even if you don't live in a competitive state or district, your local elections matter even more than federal ones because they have a much more direct impact on your life

so VOTE VOTE VOTE VOTE VOTE VOTE VOTE

[nationallawreview]

Artificial Intelligence and the Rise of Product Liability Tort Litigation: Novel Action Alleges AI Chatbot Caused Minor’s Suicide

As we predicted a year ago, the Plaintiffs’ Bar continues to test new legal theories attacking the use of Artificial Intelligence (AI) technology in courtrooms across the country. Many of the complaints filed to date have included the proverbial kitchen sink: copyright infringement; privacy law violations; unfair competition; deceptive and acts and practices; negligence; right of publicity,…

[jcorsmeier]

Florida Middle District Federal Judge suspends Florida lawyer for filing false cases created by artificial intelligence

Hello everyone and welcome to this Ethics Alert which will discuss the recent Florida Middle District Senior Judge’s Opinion and Order suspending a Florida lawyer from practicing before that court for one (1) year for filing false cases created by artificial intelligence.  The case is In Re: Thomas Grant Neusom, Case No: 2:24-mc-2-JES and the March 8, 2024 Opinion and Order is here:…

[anexperimentallife]

Project 2025 would ban anything the far right considers pornography. The far right considers anything queer-positive to be pornography, and they WILL encode that into law if given just a TINY bit more power.

Have queer fanfic (or trad published literature) or pics of your transition, or of two men kissing, saved to your hard drive? If the GOP get their way, you'd be guilty of possession of pornography. Did you share any of it? You'd be guilty of distribution of pornography. Have a sweet coming of age story with a queer protagonist? That'd be child pornography.

Even now, states are trying to make it a crime to be openly queer in public (by, among other things, classifying dressing as the "wrong gender" anyplace kids might see as a sex crime against children). Oh, and Florida tried (and thankfully failed) to impose the death penalty for the above.

This is just one example of the horrors awaiting us if the project comes to fruition.

And the far right is already screaming that any adult who mentions around kids that queer people exist is "grooming" children. Wear your Pride shirt past a playground? You're now a child groomer. Think they won't put that into law if allowed? You're naive.

The GOP currently controls the Supreme Court (which is how they overturned Roe v. Wade) and has a majority in one branch of congress. Imagine what will happen nationwide with the GOP controlling every branch of government, including supermajoroties in both houses of Congress.

Oh, and top GOP officials have also announced their desire to NUKE Gaza, so don't come at me with, "but I can't vote blue because Biden..." Or tell me how you think Gaza would somehow be better off with Trump and the GOP.

In France, the left and center joined together--even though they disagree vehemently on many issues (get two leftists together and they'll have three positions on any issue)--to stop the far right from totally taking over, because the one thing they ALL agree on is that fascists dictatorships are BAD.

Much the same with the UK finally kicking out their own neo-fascist party, the Torries, to install 400 Labour MPs. Not everyone loves Labour's policies, but virtually everyone with a brain cell recognizes that the Torries are fascists, and that FASCISM BAD.

"Every election, they tell us this is the most important election if our lives!" Yeah, because each election over the past several decades has been more important than the one before, until we are now at a tipping point between remaining a fucked up oligarchy with SOME resemblance to freedom, and an outright neo-fascist military dictatorship.

Trump has literally stated publicly his intent to criminalize dissent, use US armed forces against protesters (Kent State, but multiply it by thousands), purge all agencies and stuff them with those personally loyal to him, and use the DOJ to go after anyone he perceives as a threat to his political power, among other things.

And remember the things he did in office, like pulling the teeth of federal workplace protections for queer folks (which Biden reatored).

I don't care if you don't like Biden or Harris. Neither do I. But the alternative is Trump, and anyone telling you not to vote in 2024, or to vote third party, is rooting for Trump, and for Project 2025. Anyone telling you not to vote does not give one single solitary flying fuck about vulnerable populations in the US or anywhere else in the world.

"You're just being an alarmist!" Right. Like I was being alarmist when I predicted the failed Jan 6 coup attempt. Like I was being alarmist when I said the GOP would try to use control over SCOTUS to overturn Roe v. Wade.

Fucking vote.

[batboyblog]

Things Biden and the Democrats did, this week #27

July 12-19 2024

President Biden announced the cancellation of $1.2 billion dollars worth of student loan debt. This will cancel the debt of 35,000 public service workers, such as teachers, nurses, and firefighters. This brings the total number of people who've had their student debt relived under the Biden Administration to 4.8 million or one out of every ten people with student loan debt, for a total of $168.5 billion in debt forgiven. This came after the Supreme Court threw out an earlier more wide ranging student debt relief plan forcing the administration to undertake a slower more piecemeal process for forgiving debt. President Biden announced a new plan in the spring that will hopefully be finalized by fall that will forgive an additional 30 million people's student loan debt.

President Biden announced actions to lower housing coasts, make more housing available and called on Congress to prevent rent hikes. President Biden's plan calls for landlords who raise the rent by more than 5% a year to face losing major important tax befits, the average rent has gone up by 21% since 2021. The President has also instructed the federal government, the largest land owner in the country, to examine how unused property can be used for housing. The Bureau of Land Management plans on building 15,000 affordable housing units on public land in southern Nevada, the USPS is examining 8,500 unused properties across America to be repurposed for housing, HHS is finalizing a new rule to make it easier to use federal property to house the homeless, and the Administration is calling on state, local, and tribal governments to use their own unused property for housing, which could create approximately 1.9 million units nationwide.

The Department of Transportation announced $5 billion to replace or restore major bridges across the country. The money will go to 13 significant bridges in 16 states. Some bridges are suffering from years of neglect others are nearly 100 years old and no longer fit for modern demands. Some of the projects include the I-5 bridge over the Columbia River which connects Portland Oregon to Vancouver Washington, replacing the Sagamore Bridge which connects Cape Cod to the mainland built in 1933, replacing the I- 83 South Bridge in Harrisburg, Pennsylvania, and Cape Fear Memorial Bridge Replacement Project in Wilmington, North Carolina, among others.

President Biden signed an Executive Order aimed at boosting Latino college attendance. The order established the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through Hispanic-Serving Institutions. Hispanic-Serving Institutions (HSIs) are defined as colleges with 25% or above Hispanic/Latino enrollment, currently 55% of Hispanic college students are enrolled in an HSI. The initiative seeks to stream line the relationship between the federal government and HSIs to allow them to more easily take advantage of federal programs and expand their reach to better serve students and boost Hispanic enrollment nationwide.

HUD announced $325 million in grants for housing and community development in 7 cities. the cities in Tennessee, Texas, Alabama, Florida, Nevada, New York and New Jersey, have collectively pledged to develop over 6,500 new mixed-income units, including the one-for-one replacement of 2,677 severely distressed public housing units. The 7 collectively will invest $2.65 billion in additional resources within the Choice Neighborhood area – so that every $1 in HUD funds will generate $8.65 in additional resources.

President Biden took extensive new actions on immigration. On June 18th The President announced a new policy that would allow the foreign born spouses and step children of American citizens who don't have legal status to apply for it without having to leave the country, this would effect about half a million spouses and 50,000 children. This week Biden announced that people can start applying on August 19, 2024. Also in June President Biden announced an easing of Visa rules that will allow Dreamers, Americans brought to the country as children without legal status, to finally get work visas to give them legal status and a path way to citizenship. This week the Biden Administration announced a new rule to expand the federal TRIO program to cover Dreamers. TRIO is a program that aims to support low income students and those who would be the first in their families to go to college transition from high school to college, the change would support 50,000 more students each year. The Administration also plans to double the number of free immigration lawyers available to those going through immigration court.

The EPA announced $160 million in grants to support Clean U.S. Manufacturing of Steel and Other Construction Materials. The EPA estimates that the manufacturing of construction materials, such as concrete, asphalt, steel, and glass, accounts for 15% of the  annual global greenhouse gas emissions. The EPA is supporting 38 projects aimed at measuring and combatting the environmental impact of construction materials.

The US announced $203 million in humanitarian assistance for the people of Sudan. Sudan's out of control civil war has caused the largest refugee crisis in the world with 11 million Sudanese having fled their homes in the face of violence. The war is also causing the gravest food crisis in the world, with a record setting 25 million people facing acute food insecurity, and fears that nearly a million will face famine in the next months. This aid brings the total aid the US has given Sudan since September 2023 to $1.6 billion, making America the single largest donor to Sudan.

The Consumer Financial Protection Bureau put forward a new rule that would better regulate popular paycheck advance products. 2/3rds of workers are payed every two weeks or once a month and since 2020 the number of short term loans that allow employees to receive their paycheck days before it’s scheduled to hit their account has grown by 90%. the CFPB says that many of these programs are decided with employers not employees and millions of Americans are paying fees they didn't know about before signing up. The new rule would require lenders to tell costumers up front about any and all fees and charges, as well as cracking down on deceptive "tipping" options.

[allthegeopolitics]

One woman miscarried in the restroom lobby of a Texas emergency room as front desk staff refused to admit her. Another woman learned that her fetus had no heartbeat at a Florida hospital, the day after a security guard turned her away from the facility. And in North Carolina, a woman gave birth in a car after an emergency room couldn’t offer an ultrasound. The baby later died. Complaints that pregnant women were turned away from U.S. emergency rooms spiked in 2022 after the U.S. Supreme Court overturned Roe v. Wade, federal documents obtained by The Associated Press reveal. The cases raise alarms about the state of emergency pregnancy care in the U.S., especially in states that enacted strict abortion laws and sparked confusion around the treatment doctors can provide.

Continue Reading

[liberalsarecool]

Fascism in America. Texas is battling Florida for worst state. How does the Republican Supreme Court live with itself as it weakens the Federal Government in favor of discrimination.

Giving police the right to arrest anyone they 'suspect' is a direct pathway to abuse and undeniable suffering.

Families will be living in fear. Just wait until a cop says he felt threatened and uses his gun.

Texas needs to turn Blue ASAP.

[fatehbaz]

Some updates from the past twelve-ish months:

-- Late 2022: Portland and its mayor (Wheeler) started a major push to ban "street camping". Headlines in major media outlets also described "Portland's first sanctioned mass homeless camp" and how "Portland moves forward with $27 million plan to build mass shelters". In December 2022, Portland-area authorities used the so-called "aggressive landscaping" tactic, installing hundreds of hostile architecture boulders to prevent sitting/sleeping. Also in December, homeless advocates and Disability Rights Washington advocates attempted to halt Spokane's (Washington) clearing of a major camp for hundreds of people, and a federal judge sided with advocates to put a temporary restraining order on the sweep.

-- January 2023: Even in the immediate aftermath of historic cold as far south as Miami and Monterrey, sub-freezing temperatures across the Deep South, and sub-zero-Fahrenheit blizzards sweeping North America for a week or longer around Solstice/Christmas 2022, convenience stores "in Texas, California, New York use classical music to shoo homeless".

-- By March 2023: "Portland Mayor Wheeler unveils first location for city-run homeless camp".

-- April 2023: San Francisco and Mayor Brand announce a major "five-year plan" costing over 600 million dollars "to cut the number of unsheltered homeless in half". (Not a plan to put people in homes or find stable housing, but just to technically put them under the roof of shelter, keeping them out of sight, therefore qualifying them for the strange designation of "the sheltered homeless".) At the same time, San Francisco opened a "long-term homeless shelter on Treasure Island", pushing homeless people onto an isolated island mostly composed of concrete and asphalt.

-- Summer 2023: In May, the city of Phoenix (Arizona) began its project to clear and eliminate its largest homeless camp, known as the Zone, a refuge for hundreds of people. During the record-breaking heat of the summer of 2023, Phoenix cleared the camp systematically, block by block. At the beginning of September 2023, as "Phoenix breaks heat record as city hits 110F [110 degrees Fahrenheit] for the 54th consecutive day", the city cleared the block of the camp where most seniors and the elderly lived.

-- January 2024: About one week ahead of winter holidays (Solstice/Christmas), the City of Edmonton pursued plans to sweep 130 homeless encampments as part of what has been described as a "shocking" eviction plan. In January, the city was clearing camps amidst sustained deadly severe weather, during a polar vortex event with temperatures of negative 50 degrees Fahrenheit and daytime highs of negative 25F. When a court case presented by Coalition for Justice and Human Rights tried to slow the sweeps, a judge sided with them and shut down the evictions.

-- March 2024: Florida's governor signs a new law. NPR describes: "law that seeks to move unhoused people off public property altogether and into government-run encampments".

-- April 2024: The U.S. Supreme Court begins hearing a case from Grants Pass (Oregon) with major implications and potential to incite nationwide "banishment race" and "homelessness crackdown". Lower courts have previously said that city policies (like Grants Pass, Boise, and others) were "cruel and unusual" for fining and/or jailing people for sleeping on public land if no adequate accessible shelter is available. But now?

[meret118]

“I have yet to find one of them that I felt was credible enough for me to actually file documentation for that voter,” he said. “So as a good steward for voter registration, which is what I’m charged with doing, I should not act upon stuff that is proven to be not credible.

”This year, election officials like Wilcox have spent valuable time sorting through pages of these mass voter challenges. And voting rights advocates worry that the trend could result in eligible voters being removed from the rolls, or from accommodations like being on lists to automatically receive ballots in the mail.

. . .

But experts and election officials who spoke to HuffPost said voters should confirm their registration status now — before the November election season heats up — just to be safe.

. . .

The month following that election, True the Vote teamed up with Georgia Republicans to challenge the eligibility of more than 364,000 voters in the state, based in part on U.S. Postal Service address-change data.

. . .

Some voters only found out their registrations had been challenged when they didn’t receive requested ballots in the mail for Georgia’s January 2021 U.S. Senate run-off election. Ultimately — after courts stepped in — the vast majority of these challenges were rejected. True the Vote’s list “utterly lacked reliability” and “verge[d] on recklessness,” a federal judge later observed.

. . .

At least one Georgia county has signed a contract to use the software, and in May, the director of the Florida Division of Elections sent county officials a list of 10,000 names to review that a local “concerned citizen” had generated with EagleAI.

. . .

Other efforts are state-based, including the “Pigpen Project” in Nevada and “Soles to the Rolls” in Michigan. Some even go so far as to go door to door to ask voters to confirm their information, raising concerns about intimidation. The Republican Party is also involved in the effort — in June, a federal judge rejected a GOP lawsuit alleging Nevada officials had failed to properly maintain voter rolls. (The GOP’s data was “highly flawed,” the state said.) A similar suit, against the state of Michigan, is ongoing.

And some states have made mass challenges even easier. In Georgia, S.B. 202, passed in 2021, allowed anyone to formally challenge an unlimited number of registrations, and S.B. 189, passed this year, requires voters to defend their registration against even frivolous challenges, sometimes at in-person hearings. It faces a lawsuit.

More at the link. Check your registration!

[vaspider]

The Department of Defense’s health insurance plan, Tricare, must cover gender-affirming surgery for transgender dependents of active and retired service members, a federal judge has ruled. The exclusion of coverage for this care violates the equal protection guarantees of the U.S. Constitution, U.S. District Judge Nancy Torresen ruled November 1. The suit was brought by two transgender women in their 20s, identified by the pseudonyms Jane Doe and Susan Roe, who are both daughters of retired military members and are covered by Tricare. Doe and her father filed suit in 2022 in U.S. District Court in Maine, and Roe was added to the suit last year. Doe lives in Maine and Roe in Florida. Both of the women’s fathers served more than two decades in the military. [...] If the Defense Department appeals her ruling, it would go to the U.S. Court of Appeals for the First Circuit, which is “the only federal circuit court with no Republican appointees among its active judges,” Leonard observed.

[just-a-whumping-racoon-with-wifi]

If you happen to be a Floridian 1) I’m so sorry and 2) they’re trying to take some land from our state parks and turn it into golf courses and pickleball courts.

I know with all the pain that’s happening in the world it feels overwhelming to see more. I’m sorry I don’t have more words of encouragement.

All shame I have from being Floridian is due to our government: never from our swamp puppies and gopher tortoises. FL nature is genuinely so beautiful and golf courses destroy it. We don’t fucking need more.

[nationallawreview]

US District Court Sets Aside the FTC’s Noncompete Ban on a Nationwide Basis

On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule. “The Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024, or thereafter.” The district court’s decision has a nationwide effect. The FTC is very likely to appeal to the…

[the-final-sif]

There's a post from someone outside of the US about how people in the US don't put their country down and just put down their state and something about US people being US centric, and part of it has always kind of bothered me because I think that people outside of the US don't really understand how states work for us or why people think their state should be enough. Some of it is being US centric for sure, but I honestly don't think that's the main reason.

It's because the US is a bunch of countries in a trench coat. I've compared it before to the EU, and I really do think that's accurate. It's literally a union of states. Each state has it's own government and laws and we have the federal government too but day to day a lot more of your life comes down to the state laws. Your driver's license, license plate, wage and a lot of employment protect (and enforcement), vast majority of court experiences, etc all go through the state. Moving to different states can mean being subject to wildly different laws, tax rates/methods, and forms of discrimination (ie florida trying to ban queer people while other states are explicitly adding protections for them).

Like, you'll notice that streamers often tend to be clustered in certain states in the US, and a lot of that has to do with certain states not having an income tax. Depending on what state they're registered in, companies can be subject to wildly different laws. Hence why Delaware is so popular for businesses. Bankruptcy law works differently in every state.

Lawyers are licensed to practice by state, and while they can move to different states, it's difficult and depending on their area of law they may be totally out of their field. Even small states like Delaware have totally different laws from a place 15 minutes to the left like New Jersey.

The largest single state by population is California which has nearly 40 million people. That is more than the entire population of Canada. It's roughly on par with Poland. Give or take a million people.

Ohio has about 11 million people, about 1 million more than Sweden. Florida has 22 million, over double Greece's population. New York and Romania both come out to about 19 million each.

Our smallest state by population, Wyoming, which has about 500k people, still has about 200k more people than Iceland.

Fucking Russia literally does not have half the population of the US. It sits at 144 million while we're at 333 million.

To give a sense of landmass/scale, France is the largest EU state by landmass with 630k square km. Texas alone is 695k. Alaska is 1.7 million square km. The US in total is 11.3 million square km. The entire EU has 4.2 million square km.

The US is 1) fucking huge and 2) so much less cohesive than a lot of non-Americans assume.

So why would someone from the US just put down their state? For the same reason that most people from the EU don't write down "Germany in the EU". Your state is where you're actually from, the USA is the weird umbrella you live under.