The Eleventh Circuit again faced the question (becoming increasingly common in the world of arbitration enforcement) of precisely which challenges to “arbitrability” can and cannot be contractually delegated to an arbitrator. The challenge in Steines v. Westgate Palace, L.L.C., 2024 WL 4052630 (11th Cir. Sept. 5, 2024), was based on the Military Lending Act (MLA),…
Post-Removal Intervention Destroys Diversity Jurisdiction
Once a case is removed to federal district court on the basis of the diverse citizenship of the original parties, staying there is not guaranteed. Certain subsequent events can still deprive the court of jurisdiction. One such event, Fed. R. Civ. P. 24 intervention of a non-diverse plaintiff, led to a recent Eleventh Circuit decision…
Be Careful What You Incorporate By Reference
In Calderon et al. v. Sixt Rent a Car, LLC, __ F.4th __, 2024 WL 3823210 (Aug. 15, 2024), the court got a chance to flex its choice-of-law muscles. Putative class representatives from three states alleged breach of contract and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against Sixt Rent a…
International Arbitration Award Confirmed Under New Standards
Last year, in Corporación AIC, SA v. Hidroélectrica Santa Rita S.A., 66 F.4th 876 (11th Cir. 2023) (en banc), the court overruled two prior decisions to hold that the grounds for vacatur of an international arbitration award are those set forth in Chapter 1 of the Federal Arbitration Act (“FAA”), not the grounds enumerated in…
No Go for GoDaddy Coupon Settlement
Senior Judge Gerald Tjoflat has a well-earned reputation for lengthy opinions, especially in class actions. His recent opinion disapproving the class-action settlement involving GoDaddy is of epic length, but he could not win the concurrence of the other two panel members, Judges Wilson and Branch. Drazen v. Pinto, 101 F. 4th 1223 (11th Cir. May…
Absence of Final Decision Stymies Class-Certification Appeal
Two named plaintiffs brought a putative class action against AT&T Mobility Services, alleging pregnancy-related discrimination in their employment. The district court denied the plaintiffs’ motion for class certification; the 11th Circuit denied their petition for review under Fed. R. Civ. P. 23(f); and the two named plaintiffs settled with AT&T Mobility and voluntarily dismissed their…
Ignore the Citizenship of Your LCC Client at Your Peril
When subject-matter jurisdiction is based on diversity, the presence of a limited liability company or a partnership on the pleadings may require a complicated and time-consuming investigation into that party’s citizenship. The Eleventh Circuit’s decision in J.C. Penney Corporation v. Oxford Mall, LLC, No. 22-12461, 2024 WL 1904569 (May 1, 2024), is an example of…
Corporate Veil May Be Pierced at Summary-Judgment Stage
W.P. Productions (“WPP”) contracted with Sam’s West, Inc., a corporation including “Sam’s Club” stores, to provide Wolfgang Puck-branded merchandise. As part of the deal, WPP agreed to pay Sam’s for featuring the Puck-branded products in Sam’s Instant Savings Booklets. WPP incurred a significant debt to Sam’s, and left over $2 million of it unpaid. In…
President to Nominate Judge Kidd to the Eleventh Circuit
President Biden has announced his intent to nominate Judge Embry J. Kidd, currently serving as a Magistrate Judge for the United States District Court for the Middle District of Florida, to the Eleventh Circuit. Judge Kidd previously served as an Assistant U. S. Attorney in the Middle District and is a graduate of Emory University…
“Toxic” Lender is Dealer Required to Register Under the Exchange Act
A so-called “toxic” lender was a “dealer” required to register under the Securities Exchange Act of 1934, and disgorgement was an appropriate remedy for his violations, but a divided panel held that a lifetime ban from engaging in penny-stock transactions was an abuse of the district court’s discretion. S.E.C. v. Almagarby, 2024 WL 618517 (11th…