When subject-matter jurisdiction is based on diversity, the presence of a limited liability company or a partnership on the pleadings may require a complicated and time-consuming investigation into that party’s citizenship. The Eleventh Circuit’s decision in J.C. Penney Corporation v. Oxford Mall, LLC, No. 22-12461, 2024 WL 1904569 (May 1, 2024), is an example of…
Tag: Sanctions
CFPB’s “Egregious” Conduct Provides Roadmap for How Not to Defend a 30(b)(6) Deposition
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…
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…
Dollars from Donuts: Court Applies Georgia Civil Rule on Attorneys’ Fees
A plaintiff whose vehicle was struck by a Krispy Kreme driver appealed a $330,000 verdict in her favor and obtained a reversal, and a chance to win an even bigger verdict, in Showan v. Pressdee, 2019 WL 1891785 (11th Cir. Apr. 29, 2019). At issue primarily was a once fairly obscure provision of the Georgia…
Eleventh Circuit Reverses Sanctions Award Against FLSA Plaintiff
In Silva v. Pro Transp., Inc., __ F.3d __, 2018 WL 3801663 (11th Cir. Aug. 10, 2018) (per curiam), the Eleventh Circuit applied its prior decision in Slater v. U.S. Steel Corp., 871 F.3d 1174 (11th Cir. 2017 ) (en banc) (see our blog post here) to reverse a sanctions award against a FLSA plaintiff…
When Confirming Diversity of Citizenship, Trust—but Verify
In Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 WL 1046103 (11th Cir. Mar. 20, 2017), the Eleventh Circuit reminded litigants and their counsel that it is critical to confirm the citizenship of all relevant corporate entities in determining the existence of diversity jurisdiction, but reversed the district judge’s order imposing “inherent power” sanctions on…