The Eleventh Circuit has reportedly confirmed that after nearly 25 years of service on the Court of Appeals, Judge Charles Wilson intends to take senior status upon the confirmation of a successor presumably to be nominated by President Biden later this year. Judge Wilson is the Eleventh Circuit’s most senior judge in active service, having…
Tag: Judge Charles Wilson
Sarbanes-Oxley Whistleblowers Required to Allege Fraud
The Eleventh Circuit clarified the reasonable-belief standard for whistleblowers alleging unlawful retaliation under the Sarbanes-Oxley Act, in Ronnie v. Office Depot, LLC, No. 20-14214, ___ F.4th ___ (11th Cir. Sept. 25, 2023). SOX broadly prohibits discrimination against employees for providing information that they “reasonably believe[] constitutes” mail, wire, bank, or securities fraud (or a violation of…
“And All Means All”: Stipulation of Voluntary Dismissal Requires All Parties’ Signatures
To be effective, a stipulation of dismissal pursuant to Fed. R. Civ. P. 41 must be signed by all parties who have appeared in an action, even if there are multiple defendants and fewer than all of them are being dismissed. City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 2023 WL 5944193 (11th Cir. Sept….
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…
Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank
A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked standing to bring claims against the bank which, he alleged, aided and abetted the fraudulent scheme committed by the companies for which he was appointed receiver. The receiver’s action was…
No Tiebreaker Necessary: Breaking with the Federal Circuit, Court Holds That Litigation Can Result in No “Prevailing Party” for Cost and Fee Shifting
In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, 2022 U.S. App. LEXIS 18682 (11th Cir. July 7, 2022), the Eleventh Circuit held that there may be no prevailing party for the purposes of post-verdict cost and fee shifting. A unanimous appellate panel affirmed a district court’s denial of a litigant’s motion for costs…
Roth IRAs, Like Traditional IRAs, Are Excluded from a Georgia Debtor’s Bankruptcy Estate
In a case of first impression, the Eleventh Circuit held that Roth IRAs are excluded from Georgia debtors’ bankruptcy estates under the Bankruptcy Code and Georgia’s garnishment statute. In Hoffman v. Signature Bank of Georgia (In re Hoffman), 2022 U.S. App. LEXIS 2119 (11th Cir. Jan. 24, 2022), the court reversed the district court’s affirmance…
FCRA Class Action Foiled by Comcast Arbitration Agreement
A Comcast arbitration agreement by which a former subscriber to the cable service agreed to arbitrate “any claim or controversy related to Comcast” was enforced by the court in Hearn v. Comcast Cable Communications, LLC, 992 F.3d 1209 (11th Cir. 2021), overturning a contrary decision by the Northern District of Georgia. The arbitration agreement was…
Eleventh Circuit Sets the Bar for Bar Orders
In SEC v. Quiros, 966 F.3d 1195 (July 20, 2020), the Eleventh Circuit held that the district court abused its discretion when it entered a bar order extinguishing non-parties’ claims, because entry of the order was not necessary to resolve the parties’ dispute. In 2016, the SEC filed a civil enforcement action against Ariel Quiros,…