Florida Prohibition on Proof of COVID Vaccination Upheld by Divided Court
Posted on Oct 20, 2022 in Constitutional Law, Uncategorized | Comments Off on Florida Prohibition on Proof of COVID Vaccination Upheld by Divided Court
A Florida statute which prohibits all businesses operating in the state from requiring customers to provide documentary proof that they are vaccinated against COVID-19 does not violate the Free Speech and Commerce Clauses of the Constitution, a sharply divided Eleventh Circuit panel held in Norwegian Cruise Line Holdings Ltd. v. State Surgeon General, 2022 U.S. App. LEXIS 27997 (11th...
Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
Posted on Oct 7, 2022 in Arbitration | Comments Off on Full Court Will Consider Grounds for Vacatur of International Arbitration Awards
The court will rehear en banc Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 2022 U.S. App. LEXIS 27855 (11th Cir. Oct. 5, 2022), concerning the grounds for vacatur of an arbitration award falling under the New York Convention. As we reported here, a panel of the court affirmed a denial of a motion for vacatur but invited the full court to revisit the issue. Posted by Valerie...
Antitrust Claim Rejected: Parent Company Cannot “Conspire” with Majority-Owned and Controlled Subsidiary
Posted on Oct 6, 2022 in Antitrust | Comments Off on Antitrust Claim Rejected: Parent Company Cannot “Conspire” with Majority-Owned and Controlled Subsidiary
A private-equity firm and its majority-owned subsidiary preserved a defense summary judgment on antitrust conspiracy and monopolization claims in OJ Commerce, LLC v. KidKraft, Inc., 34 F.4th 1232 (11th Cir. May 24, 2022). Building on the Supreme Court’s holding that a parent company cannot engage in unlawful “concerted activity” with a wholly owned subsidiary, Copperweld Corp. v....
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
Posted on Oct 5, 2022 in Consumer Protection, Jurisdiction | Comments Off on 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, 2022), also reviewed the...
No Safe Harbor in Florida If Financing Statement Misnames the Debtor
Posted on Oct 5, 2022 in Consumer Protection | Comments Off on No Safe Harbor in Florida If Financing Statement Misnames the Debtor
As we reported here, the Eleventh Circuit recently certified to the Florida Supreme Court a series of questions about the consequences under Florida law of a misnamed debtor in a UCC-1 financing statement. Florida law provides that a financing statement is “seriously misleading” if it does not include the debtor’s correct name, but provides a safe harbor where “a search of the records...