South Florida Trial Practice

In a recent case out of the Southern District of Florida, the Court outlined the standard for dismissal of an individual’s Chapter 7 case based on the Debtor’s pre-petition bad faith behavior. The statutory language of § 707(a) outlines the three nonexclusive bases a chapter 7 case may be dismissed for “cause,” including unreasonable delay by the debtor that is prejudicial to creditors, nonpayment of any fees or charges required under chapter 123 of title…
The new Florida Governor, Ron De Santis, has made some bold statements regarding medical marijuana in Florida, including the legality of smoking medical marijuana and Florida’s vertical license structure with limited licensees.    See my post at Fox’s In the Weeds. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment,…
I’ve written another new post for Fox’s In the Weeds blog.  See my post which provided an update regarding oral argument in the appeallate case involving Florida medical marijuana smoking litigation. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417…
Sometimes its hard to tell that its the holidays in Florida with no snow on the ground or chill in the air.  But the end of the year means its time for Florida employers to pay attention to the new 2019 Florida minimum wage. As of January 1, 2019, Florida’s minimum wage will rise from the current rate of $8.25 per hour to $8.46. Under Florida Statute § 448.110 4(a) and (b), the Florida Department…
On November 15, 2018, the Florida Supreme Court held that “an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.” The statute which governs a motion to disqualify requires that the moving party file an affidavit in good faith stating fear that he or she will not receive a fair trial…on account of the prejudice of the…
Gil v. Winn Dixie Appeal Here is the Southern District of Florida, this past year has been filled with a monumental increase in Americans with Disabilities Act (“ADA”) Title III cases focused on businesses’ web sites.  Ever since the Gil v. Winn Dixie trial, businesses that maintain a web site have been subject to lawsuits (sometimes repeatedly) over their web sites not being accessible under the ADA.  Plaintiffs have been targeting big businesses, small businesses,…
Perishable Agricultural Commodities Act (“PACA”) creates a trust to protect produce suppliers. In a recent S.D. of Florida Bankruptcy Case, the issue before the Court was whether a PACA trust is the type of trust that gives rise to actionable fiduciary capacity under Section 523(a)(4) – the exception to discharge of debt “for fraud or defalcation while acting in a fiduciary capacity”. Although the Court admitted that the decision was “a close one,” it concluded that a…
In an excellent decision for preference targets, the Eleventh Circuit recently held in the case of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC) that the new value defense, under Section 547(c)(4), does not require new value to remain unpaid. In reaching this conclusion, the 11th Circuit has found common ground with the Fourth, Fifth, Eighth, and Ninth Circuits which also reject the idea that § 547(c)(4) requires new value to…
I’ve written a post for Fox’s In the Weeds blog.  See my post which addresses a recent Court ruling that upends Florida’s medical marijuana license system.   Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.…
While Florida’s medical marijuana business appears to be booming by many metrics, there have been repeated delays and hiccups in the roll out of Florida’s program.  See my earlier post for details. Now, almost two years after Florida’s program got underway, the director of Florida’s Office of Medical Marijuana Use, Christian Bax, has abruptly resigned.  As I’ve previously noted, Florida’s program has been plagued by an extremely limited number of medical marijuana licenses and litigation…