Eliezer and Valeria Taveras are parties to a series of lawsuits in Florida state court, all concerning real property located in Kissimmee, Florida. In 2008, the property was the subject of an unsuccessful foreclosure action involving the Christiana Trust. Subsequently, the Taverases sought a declaration, also in Florida state court, that the mortgage on the…
Category: Jurisdiction
Probate Court’s Prior Exclusive Jurisdiction Dooms Federal-Court Injunction
Paul Horn borrowed $500,000 from Noble Prestige Limited to pursue a claim for damages against AT&T for Horn’s sale to AT&T’s predecessor of his ownership share of a telecommuncations platform. Horn agreed to repay Noble $5,000,000 or 5% of his recovery, whichever was greater. In 2014, after receiving the $500,000, Horn filed suit against AT&T…
No Jurisdiction Over Interlocutory Appeal in Employment-Retaliation Case
In Scott v. Advanced Pharmaceutical Consultants, Inc., No. 21-14214, — F.4th —, 2023 WL 6817369 (11th Cir. Oct. 17, 2023), the Eleventh Circuit concluded that it lacked jurisdiction to review an order granting partial summary judgment to the defendants in an employment-retaliation case. After the district court granted summary judgment to the defendants on three…
Rule 41(a) May Only Dismiss an Entire Action, Not a Single Count
Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of “an action” at the parties’ request. The Eleventh Circuit, in an opinion written by Judge Britt Grant, has again emphasized that “[a]ny attempt to use this rule to dismiss a single claim, or anything less than the entire action will be invalid.”…
Late-Stage Remand of State-Law Claims After Dismissal of Federal Claims Affirmed
Marida Silas brought state and federal claims, on behalf of her late husband, against the Sheriff of Broward County. The defendant removed the case to federal court, which dismissed the federal claims and set the remaining state-law claims for trial. Days before trial, the defendant moved to dismiss the remaining claims on the ground that…
Foreign Parent Company Not Subject to Personal Jurisdiction Based Solely on Actions of Subsidiary, and Expert Testimony Properly Excluded as Unreliable in Products-Liability Case
In the absence of facts supporting piercing the corporate veil or rendering affiliated companies alter egos, the actions of a subsidiary alone cannot subject a foreign parent company to personal jurisdiction in Florida, the Eleventh Circuit recently confirmed. The court’s decision in Knepfle v. J-Tech Corp., 2022 U.S. App. LEXIS 25781 (11th Cir. Sept. 14,…
Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim
The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022). The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a…
Court Confirms That Same Personal-Jurisdiction Standards Apply Under Fifth and Fourteenth Amendments
In Herederos de Roberto Gomez Cabrera, LLC v. Teck Resources Ltd., 2022 U.S. App. LEXIS 22473 (11th Cir. Aug. 12, 2022), the Eleventh Circuit held that the “minimum contacts” analysis applied to determine the existence of personal jurisdiction under the Fourteenth Amendment also applies when jurisdiction is asserted under the Fifth Amendment. The case involved…
Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank
A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked standing to bring claims against the bank which, he alleged, aided and abetted the fraudulent scheme committed by the companies for which he was appointed receiver. The receiver’s action was…
Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
In Ruhlen v. Holiday Haven Homeowners, Inc., 2022 U.S. App. LEXIS 6184 (11th Cir. Mar. 9, 2022), a divided panel of the Eleventh Circuit held that the court lacked appellate jurisdiction to review a district court’s sua sponte remand to state court for lack of subject-matter jurisdiction. The underlying dispute concerned the presence or absence…