Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of “an action” at the parties’ request. The Eleventh Circuit, in an opinion written by Judge Britt Grant, has again emphasized that “[a]ny attempt to use this rule to dismiss a single claim, or anything less than the entire action will be invalid.”…
Tag: Judge Britt Grant
Divided Panel Holds that Insurer’s Total-Loss Settlement Complied with Florida Law
After Gina Signor’s Lexus was damaged in an accident Safeco declared the vehicle a total loss under her automobile insurance policy. Under the policy, Signor was due the “actual cash value,” or “ACV,” of the vehicle. To determine the ACV, Safeco used the Certified Collateral Corporation ONE Market Valuation System, also known as the “CCC…
FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Even after the Supreme Court limited the power of the Federal Trade Commission to receive monetary relief under § 13(b) of the Federal Trade Commission Act, the FTC still has authority under § 19(b) of the FTC Act to freeze assets and impose a receivership, the Eleventh Circuit ruled in FTC v. Simple Health Plans…
Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting
A modification of a Chapter 11 bankruptcy plan on the eve of the hearing on confirmation of that plan requires re-solicitation of votes and re-voting if the modification materially and adversely affects a class of claims or interests, i.e., equity holders, according to the Eleventh Circuit’s opinion in In re America-CV Station Group, Inc., 56…
What Is an Illegal Human Life Wagering Contract?
According to the Eleventh Circuit, that life insurance policy you took out on your own life with the intent to sell it to a stranger may not in fact be void as an illegal wagering contract. In Jackson National Life Insurance Co. v. Crum, 54 F.4th 1312 (11th Cir. 2022), the Eleventh Circuit adopted the…
Certain Mortgage Communications Must Comply with Both the Truth in Lending Act and the Fair Debt Collection Practices Act
The Eleventh Circuit has held again that certain mortgage servicing communications required under the Truth in Lending Act (TILA) and sent to a borrower also can be subject to the Fair Debt Collection Practices Act (FDCPA). Lamirand v. Fay Servicing, LLC, 38 F.4th 976 (11th Cir. 2022). The court vacated an order dismissing the complaint…
Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim
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…
Rule 11 Motion May Be Filed After Final Judgment, Provided 21-Day Safe Harbor Period Has Run
The Eleventh Circuit recently confirmed that a litigant may file a Rule 11 motion even after final judgment has been entered—notwithstanding arguably contrary language in some of the court’s prior decisions—as long as the 21-day safe harbor period required by the rule has run. Huggins v. Lueder, Larkin & Hunter, LLC, 39 F.4th 1342 (11th…
Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Recognizing that every federal and state appellate court has held that the presence of Covid-19 does not cause direct physical harm to a business’s property, the Eleventh Circuit has held again—this time under Georgia law—that Covid-related expenses and losses are not covered by a business insurance policy. In Henry’s Louisiana Grill, Inc. v. Allied Insurance…
“Business Development Managers” Fall Under FLSA Administrative Exemption, Not Entitled to Overtime
In Brown v. Nexus Business Solutions, LLC, 2022 U.S. App. LEXIS 8777 (11th Cir. Apr. 1, 2022), the Eleventh Circuit held that “business development managers,” tasked with persuading corporate customers to purchase General Motors vehicles for their fleets, are not entitled to overtime compensation under the Fair Labor Standards Act (FLSA). The business development managers…