DOJ Weighs in on Florida Bar's Battle with Traffic Ticket Startup Tikd
Justice Department antitrust attorneys wrote to support Tikd, arguing the bar is incorrectly claiming immunity from lawsuit as a state actor.
March 15, 2018 at 12:09 PM
3 minute read
The U.S. Department of Justice is supporting a South Florida startup's antitrust lawsuit against the state bar, adding its voice to a growing debate over how the bar views legal tech companies.
The Justice Department's Antitrust Division wrote in support of Tikd, a Coral Gables-based company that contracts attorneys to fight minor traffic tickets for drivers who submit them via a smartphone platform. Main Justice's statement of interest Monday said the Florida Bar is incorrectly claiming immunity from the lawsuit as an arm of the state's judicial branch.
The statement of interest was filed by Assistant Attorney General Makan Delrahim, Principal Deputy Assistant Attorney General Andrew Finch, and antitrust attorneys Kristen Limarzi, Robert Nicholson and Steven Mintz.
The filing also took a broad view of the battle between Tikd and the bar, which has captured the attention of attorneys as technology companies run by nonlawyers move into the traditional realm of law firms.
“To be sure, new and innovative mobile device apps can be disruptive,” the Justice Department wrote. “Business models entrenched for decades have witnessed new competition from mobile platforms that can profoundly change an industry. But almost invariably, the winners from the process of innovation and competition are consumers.”
The Tikd tiff arose after the 30-year-old Florida law firm The Ticket Clinic objected to the startup's business model, including its promise to pay fines in any cases it loses, which attorneys are not allowed to do. After an investigation, the Florida Bar brought litigation against Tikd for the unlicensed practice of law.
That case is pending before the Florida Supreme Court. In the meantime, Tikd sued the bar and the Ticket Clinic in Miami federal court for antitrust violations, alleging they conspired to drive Tikd out of business.
The bar argues it should be dismissed from the case because of state-action immunity. The Justice Department said that position is contrary to the U.S. Supreme Court's 2015 ruling in North Carolina Board of Dental Examiners v. Federal Trade Commission. The justices laid out factors required for immunity to apply, which DOJ said would have to be scrutinized later in the case, not at the motion to dismiss stage.
Pete Kennedy, a shareholder in Graves Dougherty Hearon & Moody in AustinTikd said it did not ask the Justice Department to take a position on the case, and the startup's attorney Pete Kennedy was surprised to hear from the government.
“This is a big deal,” Kennedy, a shareholder at Graves Dougherty Hearon & Moody in Austin, Texas, said in a statement. “The federal government rarely joins a lawsuit to support one side over the other. I am very pleased to see that the DOJ's Antitrust Division recognizes the significance of this lawsuit and supports Tikd's efforts to increase competition, reduce prices, and improve access to legal services for consumers.”
The Florida Bar declined to comment.
The case is before U.S. District Judge Marcia Cooke in Miami.
Read the Justice Department's statement of interest below:
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRogge Dunn Represents Florida Trucking Firm in Civil RICO Suit Against Worldwide Express
4 minute readStep 1 for Successful Negotiators: Believe in Yourself
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250