An insurer is not required to pay the legal fees its insured had incurred before notifying the insurer of the litigation, according to the Eleventh Circuit’s decision in EmbroidMe.com, Inc. v. Travelers Property Casualty Co. of America, 2017 WL 74694 (Jan. 9, 2017). Applying Florida law, the court affirmed the district court’s grant of summary…
Year: 2017
Direct Appeal from Bankruptcy Proceeding Transferred for Lack of Jurisdiction
Federal courts have struggled with the implications of Stern v. Marshall, 564 U.S. 462 (2011), and Wellness International Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015)—in which the Supreme Court held that the Constitution requires the parties’ consent before bankruptcy courts can finally adjudicate claims that neither “stem[] from the bankruptcy itself [n]or would necessarily…
Post-Acquisition Conduct Fails Concerted Action Requirement Under Sherman Act
The Eleventh Circuit found two grounds independently sufficient to affirm summary judgment in an antitrust case, Procaps S.A. v. Patheon, Inc., 2016 WL 7487726 (11th Cir. Dec. 30, 2016). The court ruled that summary judgment was proper both because the plaintiff could not establish the concerted action requirement based on post-acquisition conduct by one party to a…