The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022). The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a…
Category: Jurisdiction
Court Confirms That Same Personal-Jurisdiction Standards Apply Under Fifth and Fourteenth Amendments
In Herederos de Roberto Gomez Cabrera, LLC v. Teck Resources Ltd., 2022 U.S. App. LEXIS 22473 (11th Cir. Aug. 12, 2022), the Eleventh Circuit held that the “minimum contacts” analysis applied to determine the existence of personal jurisdiction under the Fourteenth Amendment also applies when jurisdiction is asserted under the Fifth Amendment. The case involved…
Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank
A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked standing to bring claims against the bank which, he alleged, aided and abetted the fraudulent scheme committed by the companies for which he was appointed receiver. The receiver’s action was…
Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
In Ruhlen v. Holiday Haven Homeowners, Inc., 2022 U.S. App. LEXIS 6184 (11th Cir. Mar. 9, 2022), a divided panel of the Eleventh Circuit held that the court lacked appellate jurisdiction to review a district court’s sua sponte remand to state court for lack of subject-matter jurisdiction. The underlying dispute concerned the presence or absence…
FDCPA Standing Case To Be Reheard En Banc
The full court will rehear Hunstein v. Preferred Collection & Mgmt. Svcs., Inc., in which a panel of the court determined that a consumer had standing to challenge under the FDCPA a debt collector’s provision of information to a third-party mail service. You can read our prior post on the case here.
Get Back to Where You Once Belonged? Court Affirms Dismissal for Lack of Personal Jurisdiction and in Light of Forum Selection Clause
In Don’t Look Media LLC v. Fly Victor Ltd., 999 F.3d 1284 (11th Cir. June 4, 2021), the Eleventh Circuit affirmed the dismissal of RICO and state-law claims against an English company and its directors and officers for lack of personal jurisdiction and in light of the forum selection clause included in the parties’ contract….
Class Claims for Declaratory and Supplemental Relief Remanded to State Court
In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding…
Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases. Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021). In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit…
Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
The United States Constitution created federal courts of limited subject-matter jurisdiction. Thus, a party filing suit in federal court must assert a claim arising under federal law or demonstrate that the litigants are citizens of different states. Generally, a claim brought pursuant to the federal Declaratory Judgment Act is alone insufficient to invoke federal-question jurisdiction….
Third-Party Counterclaim Defendants’ Removal Bid Foiled
“Perhaps some might think removal is not the most riveting topic,” begins Judge Robin Rosenbaum’s opinion for the court in Bowling v. U.S. Bank National Association, 2020 WL 3424928 (11th Cir. June 23, 2020). (Not so with our readers, most of whom relish a good removal.) The removal issue in Bowling stemmed from the Supreme…