Eversheds Sutherland 11th Circuit Business Blog
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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...

Post-Acquisition Conduct Fails Concerted Action Requirement Under Sherman Act

The Eleventh Circuit found two grounds independently sufficient to affirm summary judgment in an antitrust case, Procaps S.A. v. Patheon, Inc., 2016 WL 7487726 (11th Cir. Dec. 30, 2016). The court ruled that summary judgment was proper both because the plaintiff could not establish the concerted action requirement based on post-acquisition conduct by one party to a joint venture...

District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim

In a published opinion in Furcron v. Mail Centers Plus, LLC, 2016 WL 7321211 (Dec. 16, 2016), the Eleventh Circuit reversed the district court’s grant of summary judgment to the defendant on the plaintiff’s sex discrimination claim and affirmed the district court’s grant of summary judgment to the defendant on the plaintiff’s retaliation claim. On the sex discrimination claim, the...

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...