Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), established that an alleged violation of a statutory right, standing alone, does not necessarily confer Article III standing to bring a claim in federal court. Reaction to the decision continues to evolve. In the latest case from the Eleventh Circuit, the court dismissed an appeal for…
Author: Valerie Sanders
“Surrender” Means “Surrender” – A Debtor Who Surrenders Collateral in Bankruptcy Gives Up the Right to Oppose Foreclosure
David and Donna Failla filed for Chapter 7 bankruptcy protection in 2011. Shortly thereafter, the Faillas filed the “statement of intention” required by section 521(a)(2) of the Bankruptcy Code with respect to their house, which was subject to a mortgage held by Citibank. In the statement, the Faillas agreed to “surrender” the house instead of…
“Not an Insured” Defense Prevails Despite Absence of Prior Reservation of Rights
In an unpublished per curiam decision, Travelers Cas. & Surety Co. v. Stewart, the Eleventh Circuit rejected an argument that an insurance company was barred by the Georgia Supreme Court’s decision in Hoover v. Maxum Indem. Co., 730 S.E.2d 413 (Ga. 2012) from raising the defense that an individual was not an insured under the relevant…
A Confirmed Bankruptcy Plan is Final as to Domestic Support Obligations
The Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), provides an exception to the automatic stay, which generally prohibits collection activity against property of the estate, for “the withholding of income that is property of the estate or property of the debtor for payment of a domestic…
Insurers May Be Liable for Double Damages for Failure to Reimburse Other Insurers Acting as “Medicare Advantage Organizations”
A divided panel of the Eleventh Circuit has joined the Third Circuit in holding that not only the government, but also a private insurer acting as a Medicare Advantage Organization (“MAO”), has a right of action for double damages when a primary payer fails to reimburse the MAO for payments the MAO has made. The…