Americans with Disabilities Act Held to Allow “Competitive” Reassignment
Posted on Dec 9, 2016 in Civil Procedure, Employment Law and Employee Benefits | Comments Off on Americans with Disabilities Act Held to Allow “Competitive” Reassignment
The Eleventh Circuit handed the EEOC another recent defeat in U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 15-14551, 2016 WL 7131479 (11th Cir. Dec. 7, 2016). The case involved cross-appeals after a jury found that the defendant hospital had acted in good faith despite its failure to accommodate a disabled nurse under the Americans with Disabilities...
New Federal Rules of Appellate Procedure Take Effect
Posted on Dec 1, 2016 in Appellate Procedure | Comments Off on New Federal Rules of Appellate Procedure Take Effect
Practitioners take note: Significant amendments to the Federal Rules of Appellate Procedure took effect on December 1, 2016. The Eleventh Circuit’s website has a helpful summary of the major changes here, and a complete set of the amended rules, along with the latest Eleventh Circuit Rules and Internal Operating Procedures, is available here. The biggest changes are across-the-board...
Insurer Not Bound by Settlement That Insured Negotiated in Bad Faith
Posted on Nov 30, 2016 in Insurance | Comments Off on Insurer Not Bound by Settlement That Insured Negotiated in Bad Faith
Under Florida law, a settlement may not be enforced against an insurer where its insured did not negotiate in good faith, thus failing to adequately represent the interests of the party that would ultimately have to pay the settlement. The Eleventh Circuit, in an opinion published November 17, 2016, Sidman v. Travelers Casualty & Surety, 2016 WL 6803034, affirmed the district...
Secondhand Knowledge Held Insufficient to Qualify False Claims Act Relator as “Original Source”
Posted on Nov 14, 2016 in Jurisdiction | Comments Off on Secondhand Knowledge Held Insufficient to Qualify False Claims Act Relator as “Original Source”
In United States ex rel. Saldivar v. Fresenius Medical Care Holdings, Inc., 2016 WL 6595937 (11th Cir. Nov. 8, 2016), the Eleventh Circuit joined the Third, Seventh, Eighth, and Tenth Circuits holding that “secondhand” knowledge is insufficient to make someone an “original source” under the False Claims Act (FCA). The plaintiff alleged in a qui tam action that the defendant had...
Trademark Plaintiff Waited Too Long to Douse the Fire
Posted on Oct 31, 2016 in Civil Procedure, Intellectual Property | Comments Off on Trademark Plaintiff Waited Too Long to Douse the Fire
When an opinion opens with “the plaintiff pursued its preliminary-injunction motion with the urgency of someone out on a meandering evening stroll rather than someone in a race against time,” there isn’t much suspense about who’s going to win and why, and the court did indeed affirm the denial of preliminary injunctive relief in Wreal, LLC v. Amazon.com, Inc., 2016 WL 6310784 (11th...