In Gemini Insurance Co. v. Zurich American Insurance Co., No. 22-13495, __ F.4th__, 2024 WL 4553123, (Oct. 23, 2024), two insurance companies disputed what share of a $2 million settlement each was required to pay under Florida law. The answer turned on the interpretation and interaction of two “other insurance” clauses. Gemini and Zurich both…
Tag: Judge Adalberto Jordan
International Arbitration Award Confirmed Under New Standards
Last year, in Corporación AIC, SA v. Hidroélectrica Santa Rita S.A., 66 F.4th 876 (11th Cir. 2023) (en banc), the court overruled two prior decisions to hold that the grounds for vacatur of an international arbitration award are those set forth in Chapter 1 of the Federal Arbitration Act (“FAA”), not the grounds enumerated in…
Absence of Final Decision Stymies Class-Certification Appeal
Two named plaintiffs brought a putative class action against AT&T Mobility Services, alleging pregnancy-related discrimination in their employment. The district court denied the plaintiffs’ motion for class certification; the 11th Circuit denied their petition for review under Fed. R. Civ. P. 23(f); and the two named plaintiffs settled with AT&T Mobility and voluntarily dismissed their…
Court Identifies Factors for Analyzing Fairness of Class Settlements
The court took the opportunity to provide guidance to courts and class-action litigants on considering the fairness of a class settlement under the 2018 amendments to Rule 23(e) in Ponzio v. Pinon, 87 F.4th 487 (11th Cir. 2023). The court affirmed approval of the settlement, concluding that the district court appropriately analyzed and rejected the…
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…
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…
Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
In Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290 (11th Cir. 2022), a panel of the Eleventh Circuit urged the full court to reconsider its holding in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), and to add to the grounds on which…
Fair Debt Collection Laws May Apply to Mortgage Statements
Answering a question of first impression for the court, the Eleventh Circuit held in Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022), that a mortgage statement submitted to a borrower may, under certain circumstances, constitute a communication in connection with a debt that is subject to the…
All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law, an “all-risk” insurance policy covering direct physical loss or damage does not insure against losses and expenses incurred by businesses as a result of COVID-19. In SA Palm Beach, LLC v. Certain Underwriters…
Full Court Nixes Appeal of Antitrust Immunity Ruling
Sitting en banc, the Eleventh Circuit unanimously held in SmileDirectClub, LLC v. Battle, 2021 U.S. App. LEXIS 21393 (11th Cir. July 20, 2021), that an interlocutory appeal may not be taken under the collateral order doctrine from the denial of the state-action antitrust immunity conferred by Parker v. Brown, 317 U.S. 341 (1943). The case…