Eversheds Sutherland 11th Circuit Business Blog
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Don’t Call Me Maybe—TCPA Consent Can Be Partially Revoked

The Eleventh Circuit has held that the TCPA permits a consumer to partially revoke her consent to be called. Schweitzer v. Comenity Bank, 2017 WL 3429381 (11th Cir. Aug. 10, 2017). Emily Schweitzer had a past-due credit card account with Comenity Bank. The bank called her cell phone (the number which she had provided in her application) using an autodialer.  In October 2013, during a...

ACLU Gets Jurisdictional Discovery from Michael Jackson Because of Disputed Facts

When is a litigant entitled to jurisdictional discovery? The Eleventh Circuit addressed this issue in an opinion published June 20, 2017, ACLU of Florida, Inc. v. City of Sarasota, 2017 WL 2636542, holding that, when the jurisdictional facts are genuinely in dispute and a party does not unduly delay in seeking discovery, the court abuses its discretion if it completely denies...

Defending Insurance Company Not Liable for Legal Expenses Its Insured Incurred Before Notifying Insurer

An insurer is not required to pay the legal fees its insured had incurred before notifying the insurer of the litigation, according to the Eleventh Circuit’s decision in EmbroidMe.com, Inc. v. Travelers Property Casualty Co. of America, 2017 WL 74694 (Jan. 9, 2017).  Applying Florida law, the court affirmed the district court’s grant of summary judgment to the insurer. The insured...

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...

Revised Opinion Issued After EEOC Seeks En Banc Review of “Dreadlocks” Decision

As we reported here, the Eleventh Circuit rejected a claim for intentional racial discrimination against an employer that had banned “dreadlocks” from the workplace in EEOC v. Catastrophe Management Solutions, 837 F.3d 1156 (11th Cir. Sept. 15, 2016). Apparently dissatisfied with that result, the Equal Employment Opportunity Commission filed a petition for rehearing en banc at the end...

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