The deposition of a party’s corporate representative under Rule 30(b)(6) often presents a tension between inquiry into the party’s knowledge of facts—which is fair game—and inquiry into the party’s legal positions—which can delve into protected attorney work-product. Lawyers representing the Consumer Financial Protection Bureau (“CFPB”) in a case about an allegedly fraudulent debt-collection scheme provided…
Summary Judgment for Creditor on FCRA Claim Arising Out of Impersonation of Cardholder
An employee of Shelly Milgram’s interior-design business opened up three personal credit cards in Milgram’s name, without Milgram’s authorization. The employee made charges on those cards—one of which was a Chase card—and on a Chase business card in Milgram’s name, without Milgram’s permission. The employee paid the resulting bills from a bank account owned by…
Novel Data-Breach Claim Survives Motion to Dismiss Employee Class Action
The Eleventh Circuit revived a putative data-breach class action in Ramirez v. Paradies Shops, LLC, No. 22-12853, _ F.4th _ (11th Cir. June 5, 2023), which a district court had dismissed for failure to state a claim under Georgia law. The opinion reflects a trend of expanding privacy protection and has already been cited in…
No Right to Interlocutory Appeal of Order Compelling Insurance Appraisal
A divided Eleventh Circuit panel held that an order compelling an appraisal under an insurance policy provision and staying the litigation pending the appraisal’s outcome is not appealable of right. Positano Place at Naples I Condo Ass’n, Inc. v. Empire Indemnity Insurance Co., 2023 WL 3730876 (11th Cir. May 31, 2023)…
Yachting Hobby Costs Held Not Tax Deductible
In Gregory v. Commissioner (2023 WL 3699087, 11th Cir. May 30, 2023), the Eleventh Circuit affirmed the Tax Court’s decision that the taxpayer’s deduction of costs related to a hobby, which were allowable to the extent of gross income from the hobby, are nevertheless subject to disallowance under the Code’s then applicable 2 percent floor…
State Law Claims of Negligence in Selecting Motor Carrier Are Expressly Preempted by the Federal Aviation Administration Authorization Act
The express preemption provision of the Federal Aviation Administration Authorization Act (“FAAAA”) bars Florida negligence claims against a transportation broker based on the broker’s selection of motor carrier. Aspen American Insurance Company v. Landstar Ranger, Inc., 65 F.4th 1261 (11th Cir. 2023). The owner of cargo hired a transportation broker to secure a motor carrier…
Senate Confirms Nancy Gbana Abudu
The Senate has confirmed Nancy Gbana Abudu to replace Judge Beverly Martin on the Eleventh Circuit. Abudu joins the Court from the Southern Poverty Law Center, where she served as Deputy Legal Director and Director for Strategic Litigation. According to the White House’s announcement upon her nomination, she will be “the first African-American woman judge…
A New Rule for Vacatur of International Arbitration Awards
Overruling Industrial Risk Insurers v. M.A.N. Gutehoffnunshutte GmbH, 141 F.3d 1434 (11th Cir. 1998) and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), the Eleventh Circuit has held that an international arbitration award falling under the New York Convention may be vacated by courts in the…
Language of Insurance Policy Governs Even When Flatly Contradicted by Clear and Overwhelming Proof of the Parties’ Intent
It is a truth universally acknowledged (by judges and lawyers, anyway), that unambiguous contract language must be interpreted according to its plain terms, without resort to extrinsic evidence. But what if that extrinsic evidence shows, without dispute, that both parties meant something else entirely? That court answered that question in Shiloh Christian Center v. Aspen…
Motorized Scooter Was an “Uninsured Motor Vehicle” Sufficient to Trigger UM Coverage
A Razor Pocket Mod scooter that struck a vehicle insured under a State Farm automobile insurance policy was an “uninsured motor vehicle” sufficient to trigger the policy’s Uninsured Motor Vehicle (“UM”) coverage. State Farm Mut. Auto. Ins. Co. v. Spangler, 64 F.4th 1173 (11th Cir. April 3, 2023). After Anna Spangler suffered injuries as a…