Eversheds Sutherland 11th Circuit Business Blog
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Direct Appeal from Bankruptcy Proceeding Transferred for Lack of Jurisdiction

Federal courts have struggled with the implications of Stern v. Marshall, 564 U.S. 462 (2011), and Wellness International Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015)—in which the Supreme Court held that the Constitution requires the parties’ consent before bankruptcy courts can finally adjudicate claims that neither “stem[] from the bankruptcy itself [n]or would necessarily be...

Court Applies Final Judgment Review Standard to Grant of Summary Judgment

When no jury is demanded, does a district court have more leeway in granting summary judgment? The Eleventh Circuit explained the question in its July 26 opinion in Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164 (11th Cir. July 26, 2016), affirming the district court’s judgment in favor of the defendant, Florida National...

When a Settlement Contingent on Vacatur is Grounds for Rule 60(b) Relief from Judgment

On July 12, the Eleventh Circuit reversed the district court’s denial of a Rule 60(b) motion in Hartford Accident & Indemnity Co. v. Crum & Forster Specialty Insurance Co., 2016 WL 3741972 (11th Cir. July 12, 2016), and vacated the underlying summary judgment orders that the parties had jointly sought relief from in the motion.  The parties based their motion for relief from...