Judge Gerald B. Tjoflat, the longest-serving federal judge in active service, has announced his intention to take senior status. Judge Tjoflat was appointed to the federal bench by President Nixon and to the then-Fifth Circuit by President Ford. In 1995, the Duke Law Journal published this tribute to Judge Tjoflat by Chief Justice Rehnquist, among…
Hotels Can’t Complain About Solicited Faxes, Even When They Don’t Require an Opt-Out Notice
The Eleventh Circuit was asked in Gorss Motels, Inc. v. Safemark Systems, LP, 2019 WL 3384191 (11th Cir. July 26, 2019), to decide whether a fax recipient provided prior express permission to receive faxes from a sender under the TCPA and, if so, whether the faxes needed to contain opt-out notices under an agency regulation. …
Denial of Coverage for Antitrust Claim Under Executive Liability Insurance Policy Upheld
In Crowley Maritime Corp. v. National Union Fire Insurance Co. of Pittsburgh, 2019 WL 3294003 (11th Cir. July 23, 2019), the Eleventh Circuit affirmed a denial of insurance coverage under an executive and organization liability insurance policy. Crowley Maritime Corporation (“Crowley”) carries freight between the United States and Puerto Rico, and purchased liability insurance from…
Moving to Reschedule Foreclosure Sale Does Not Violate RESPA Regulations
Last month, in Landau v. RoundPoint Mortgage Servicing Corp., the Eleventh Circuit held that a mortgage loan servicer may move to reschedule a previously ordered foreclosure sale after a borrower submits a completed loss mitigation application. 925 F.3d 1365 (11th Cir. June 11, 2019). The court rejected the plaintiff’s argument that moving to reschedule a…
No Multiplier for Home Depot Class Action Lodestar Fee Award
In a class action settlement, one of the most difficult issues for negotiation is often how—and how much—class counsel will be paid. In many cases, a cap on the fee is negotiated: the defendant agrees not to object to a fee application within the cap, which can be a percentage of the so-called “common fund”…
Jury Verdict for FDIC vs. Failed Bank Directors, Officers Upheld
The Eleventh Circuit may have closed the final chapter in the long-running litigation over the failure of the Buckhead Community Bank by affirming a $5 million jury verdict against a group of the bank’s former directors and officers. FDIC v. Loudermilk, 2109 WL 3282609 (11th Cir. July 22, 2019). A previous, related court decision during…
Court Limits Review of Remand Order Based on One Defendant’s Forum Selection Clause
The Eleventh Circuit waded into a procedural thicket in Overlook Gardens Properties, LLC v. ORIX USA, L.P., 2019 WL 2590869 (11th Cir. June 25, 2019), ultimately concluding that it had no appellate jurisdiction to review an order remanding a removed case to state court . At issue was the effect of a forum selection clause…
Florida Exemption Does Not Shield Improperly Maintained IRA from Creditors
An IRA owner could not rely on a Florida exemption to shield his IRA account from creditors after engaging in prohibited acts of self-dealing with his IRA funds, the Eleventh Circuit held in Yerian v. Webber, 2019 WL 2610751 (11th Cir. June 26, 2019). The IRA owner, Keith Yerian, opened a self-directed IRA. The IRA…
Supreme Court Will Review Eleventh Circuit’s Decision that Official Code of Georgia Annotated Cannot Be Copyrighted
The Supreme Court yesterday granted certiorari to review the Eleventh Circuit’s decision in Code Revision Commission v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018), cert. granted, 2019 WL 1047486 (U.S. June 24, 2019). The question presented for review in Georgia v. Public.Resource.Org, Inc. is whether the principle that “government edicts,” such as statutes and…
How Accountable Are You for Your Accountant’s Tax Fraud? The Eleventh Circuit Decides Not to Answer.
In Finnegan v. Commissioner, 2019 WL 2428109 (11th Cir. June 11, 2019), the Eleventh Circuit was asked to review whether a taxpayer may be indefinitely held responsible for the fraud of its paid tax return preparer. It is a question of special interest to small business owners that rely on an outside accountant to help…