The Eleventh Circuit voted to accept en banc rehearing in Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., 870 F.3d 1262 (11th Cir. 2017), a decision we covered here last September. The now-vacated panel decision, authored by Judge Wilson, had reversed the dismissal of antitrust and state-law claims asserted by auto-body-shop…
Georgia Supreme Court Justice Britt Grant Nominated to Eleventh Circuit
The White House announced yesterday the nomination of Georgia Supreme Court Justice Britt Grant to fill the seat on the Eleventh Circuit opened by the pending retirement of Judge Julie Carnes. Justice Grant has served on the Supreme Court for a year and three months. She was appointed to the Court by Governor Nathan Deal…
Judge Julie Carnes to take Senior Status, Opening Seat on Eleventh Circuit
After serving as an active federal judge for more than a quarter-century, Eleventh Circuit Judge Julie Carnes announced last week that she will take senior status effective June 18, 2018. Judge Carnes has spent her entire career in public service. Following graduation from the University of Georgia Law School in 1975, Judge Carnes clerked for…
Forfeited Deposit Not Capital Gain in Real Estate Deal
In a case of first impression, the Eleventh Circuit affirmed that a taxpayer could not treat as long-term capital gain its retention of a nonrefundable deposit after a would-be buyer defaulted on an agreement to purchase real property used in the taxpayer’s trade or business. CRI-Leslie, LLC v. Comm’r, 882 F.3d 1026 (11th Cir. 2018)….
Judge Branch Confirmed to Court
The U.S. Senate on Tuesday confirmed Georgia Court of Appeals Judge Elizabeth “Lisa” Branch to sit on the Eleventh Circuit, with a vote of 73 to 23. Judge Branch was nominated to the court by President Trump in September 2017, and has served on the Georgia Court of Appeals since 2012. Posted by Stacey Mohr….
Third Time No Charm for Bank in Arbitration Bid
In its third trip to the Eleventh Circuit attempting to enforce an arbitration agreement in a would-be class action involving bank debit card overdraft practices, the bank’s motion to compel arbitration was again denied, this time because of what the court concluded was a failure to agree on arbitration. Dasher v. RBC Bank (USA), 2018…
En Banc Reminder: Even Self-Serving and Uncorroborated Affidavits Can Preclude Summary Judgment
On January 31, 2018, the full Eleventh Circuit held “that an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated.” United States v. Stein, 2018 WL 635960 (11th Cir. Jan 31, 2018) (en banc)….
Presumption Against Extraterritoriality Applied to Alien Tort Statute in Jurisdictional Dispute over Folk Singer’s Death
A popular Chilean folk singer named Víctor Jara was tortured and killed in the wake of the 1973 military coup that toppled Salvador Allende’s government and brought Augusto Pinochet to power. Nearly 40 years later, Jara’s family discovered that his suspected killer, a former Chilean military officer named Pedro Pablo Barrientos Núñez, had moved to…
Be Careful What You Wish For—Eleventh Circuit Rejects Argument That Appellant’s Own Requested Jury Charge Requires Reversal
In Smith v. R.J. Reynolds Tobacco Co., 2018 WL 549141 (11th Cir. Jan. 25, 2018), an Engle progeny tobacco case, the Eleventh Circuit rejected the defendant’s argument that the jury’s compensatory damages award should be reduced based on comparative fault. The relevant legal question was settled last month, when the Florida Supreme Court clarified in…
All That Glitters Isn’t Gold—Eleventh Circuit Affirms Injunction and Restitution Award Against Unregistered Traders in Metals Futures
In U.S. Commodity Futures Trading Commission v. Southern Trust Metals, Inc., 2018 WL 493116 (11th Cir. Jan. 22, 2018), the Eleventh Circuit affirmed an injunction and (most of) a restitution award against two companies and their principal for unregistered trading in metals futures. Southern Trust told its customers that it would invest their money in…