In a pair of toxic tort cases arising from the Deepwater Horizon oil spill, the Eleventh Circuit held that general causation expert evidence must establish a minimum level of exposure at which crude oil, its dispersants, or their associated chemicals are hazardous to human beings. In re Deepwater Horizon BELO Cases, 2024 WL 4522690 (11th…
Author: Benjamin Reed
Rule 41(a) May Only Dismiss an Entire Action, Not a Single Count
Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of “an action” at the parties’ request. The Eleventh Circuit, in an opinion written by Judge Britt Grant, has again emphasized that “[a]ny attempt to use this rule to dismiss a single claim, or anything less than the entire action will be invalid.”…
Plaintiff Has Standing to Assert Agency-Based TILA Claim Against Home-Improvement Financing Company
A plaintiff had Article III standing to bring a Truth in Lending Act (“TILA”) claim against a home improvement financer, based on a theory that a heating and air conditioning contractor company acted as agent for the financer. Walters v. Fast AC, Ltd. Liab. Co., 60 F.4th 642 (11th Cir. 2023) Gary Walters, a 70-year-old…
What Is an Illegal Human Life Wagering Contract?
According to the Eleventh Circuit, that life insurance policy you took out on your own life with the intent to sell it to a stranger may not in fact be void as an illegal wagering contract. In Jackson National Life Insurance Co. v. Crum, 54 F.4th 1312 (11th Cir. 2022), the Eleventh Circuit adopted the…
Certain Mortgage Communications Must Comply with Both the Truth in Lending Act and the Fair Debt Collection Practices Act
The Eleventh Circuit has held again that certain mortgage servicing communications required under the Truth in Lending Act (TILA) and sent to a borrower also can be subject to the Fair Debt Collection Practices Act (FDCPA). Lamirand v. Fay Servicing, LLC, 38 F.4th 976 (11th Cir. 2022). The court vacated an order dismissing the complaint…
Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Recognizing that every federal and state appellate court has held that the presence of Covid-19 does not cause direct physical harm to a business’s property, the Eleventh Circuit has held again—this time under Georgia law—that Covid-related expenses and losses are not covered by a business insurance policy. In Henry’s Louisiana Grill, Inc. v. Allied Insurance…
All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law, an “all-risk” insurance policy covering direct physical loss or damage does not insure against losses and expenses incurred by businesses as a result of COVID-19. In SA Palm Beach, LLC v. Certain Underwriters…
Plaintiff’s Coal Gasification Claims Go Up in Smoke, $13 Million Verdict on Defendant’s Counterclaim Remains
In MidAmerica C2L Inc. v. Siemens Energy Inc., 25 F.4th 1312 (11th Cir. Feb. 15, 2022), the Eleventh Circuit rejected an appeal from a $13.2 million verdict for the defendant in a lawsuit over coal gasification equipment. In an opinion written by Judge Barbara Lagoa and joined by Judges Newsom and Branch, the court affirmed,…