In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.Continue reading “Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers”
Tag Archives: Eleventh Circuit
Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial
In Fylling v. Royal Caribbean Cruises, Ltd., No. 21-13612 (11th Cir. Feb. 1, 2024), the Eleventh Circuit holds that the district court abused its discretion by allowing a juror whose niece worked for the defendant continue to sit on a jury, without at least engaging in some inquiry about whether the family relationship might impairContinue reading “Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial”
Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action
In Pernell v. Andrade, No. 23-10616 (11th Cir. Oct. 30, 2023), a 2-1 panel reverses a district court’s order enforcing subpoenas against legislators in an action challenging the constitutionality of Florida’s “Stop W.O.K.E. Act,” with the panel dividing over whether the legislator privilege is absolute or to some degree qualified by “important federal interestes.” “InContinue reading “Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action”
Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)
In United States v. Robinson, No. 22-10949 (11th Cir. Sept. 28, 2023), the Eleventh Circuit vacates the criminal contempt conviction of a former employee of an enjoined corporation, holding that former employees are not “employees” within the intendment of Fed. R. Civ. P. 65(d)(2) and that the government did not prosecute the defendant under theContinue reading “Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)”
Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit
In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”
Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits
In Drazen v. Pinto, No. 21-10199 (11th Cir. July 24, 2023), the en banc Eleventh Circuit reverses itself and holds that a single junk text confers Article III standing on a consumer under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(1)(A)(iii). See my May 27, 2021 post on the same topic.Continue reading “Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits”
Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit
In Carson v. Mansanto Co., No. 21-10994 (11th Cir. July 10, 2023), the en banc Eleventh Circuit holds that it has appellate jurisdiction to adjudicate a dispute about whether a “federal agency action that otherwise lacks the force of law preempts the requirements of state law,” despite the complication that the defendant paid the plaintiffContinue reading “Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit”
Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)
In Thomas v. Broward County Sheriff’s Office, No. 22-11322 (11th Cir. June 22, 2023), the Eleventh Circuit holds in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case that the district court was required to accept a finding of a willful violation entered by the jury on a special interrogatory when the parties consentedContinue reading “Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)”
Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit
In Rosell v. VMSB, LLC, No. 22-11325 (11th Cir. May 12, 2023), The Eleventh Circuit “make[s] explicit what our precedent has implied for almost two decades: Federal Rule of Civil Procedure 41(a)(2) provides only for the dismissal of an entire action. Any attempt to use this rule to dismiss a single claim, or anything lessContinue reading “Fed. R. Civ. P. 41(a)(2) Cannot Be Used to Dismiss Individual Claims, Holds Eleventh Circuit”
Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage
In TocMail Inc. v. Microsoft Corp., No. 22-10223 (11th Cir. Apr. 25, 2023) (per curiam), the Eleventh Circuit dismisses an appeal by a cybersecurity company suing Microsoft for false advertising under the Lanham Act, holding that at the summary judgment stage it failed to establish any grounds for proving lost profits or any other cognizableContinue reading “Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage”
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