Eversheds Sutherland 11th Circuit Business Blog
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Supreme Court to Decide Circuit Split on Statute of Limitations for SEC Disgorgement Claims

This past Friday, the Supreme Court granted certiorari in Kokesh v. SEC, No. 16-529 (cert. granted Jan. 13, 2017), to review a circuit split on whether the SEC’s claims for disgorgement are limited to a five-year statute of limitations.  28 U.S.C. § 2462 places a five-year statute of limitations on any “action, suit or proceeding for the enforcement of any civil fine, penalty, or...

Supreme Court to Decide Interplay Between Bankruptcy Code and FDCPA

This past Tuesday, the Supreme Court granted certiorari in Midland Funding, LLC v. Johnson, No. 16-348 (cert. granted Oct. 11, 2016), to review the Eleventh Circuit’s holding that filing a stale proof of claim in a consumer bankruptcy violates the Fair Debt Collection Practices Act. For more details on the Eleventh Circuit’s opinion, 823 F.3d 1334 (11th Cir. 2016), see our previous...

Supreme Court Scorecard

The Eleventh Circuit posted a 0‑3 record in the Supreme Court during the recently concluded 2015 Term, according to the Circuit Scorecard in SCOTUSblog.com’s “Stat Pack.” Achieving a winning record in the Court is no mean feat; 67% of all cases were reversed during the 2015 Term, which falls within the usual reversal-rate range.  Only three Circuits finished the term with winning...