The Eleventh Circuit again had the opportunity to interpret the scope of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), this time applying the Act’s safe-harbor provision for actions otherwise permitted by law. In Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084 (11th Cir. Nov. 8, 2021), the court affirmed dismissal of a putative…
Year: 2022
“Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship
An inartfully pleaded class definition coupled with a failure of proof was enough to prevent a class-action plaintiff from invoking the Class Action Fairness Act’s “local controversy” exception to avoid removal from the sheltering arms of a Florida circuit court, according to the Eleventh Circuit in Simring v. GreenSky, LLC, 2022 U.S. App. LEXIS 8002…
“Business Development Managers” Fall Under FLSA Administrative Exemption, Not Entitled to Overtime
In Brown v. Nexus Business Solutions, LLC, 2022 U.S. App. LEXIS 8777 (11th Cir. Apr. 1, 2022), the Eleventh Circuit held that “business development managers,” tasked with persuading corporate customers to purchase General Motors vehicles for their fleets, are not entitled to overtime compensation under the Fair Labor Standards Act (FLSA). The business development managers…
Restaurant’s Mandatory Service Charge is Not a “Tip” Under FLSA
Tipped employees at Miami’s Nusr-et Steakhouse sued their employer, alleging that the restaurant violated the Fair Labor Standards Act by counting payments to employees from the restaurant’s mandatory 18% “service charge” as part of the employees’ “regular rate of pay,” rather than as tips. The district court rejected the employees’ claim and granted the restaurant’s…
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…
Interlocutory Appeal Properly Taken from Declaratory Judgment on Insurer’s Duty to Defend; Ambiguous Exclusion Construed in Favor of Coverage
When a liability insurer seeks a declaratory judgment on whether it has a duty to defend and indemnify an insured, and the district court enters an order finding a duty to defend but putting off a decision on the duty to indemnify, is that nonfinal order subject to interlocutory appeal? In James River Insurance Co….
Court Vacates Preliminary Injunction Enforcing Non-Disclosure Covenant Where Former Employer Did Not Allege Any Prior Violation and Did Not Establish a Legitimate Business Interest in Customer Relationships
In an appeal of a preliminary injunction, the Eleventh Circuit dismissed part of the appeal as moot while vacating the remaining provisions of the preliminary injunction. Vital Pharm., Inc. v. Alfieri, 2022 U.S. App. LEXIS 1771 (11th Cir. Jan. 20, 2022). Vital Pharmaceuticals, Inc. brought suit against four former employees and a competitor based on…
Roth IRAs, Like Traditional IRAs, Are Excluded from a Georgia Debtor’s Bankruptcy Estate
In a case of first impression, the Eleventh Circuit held that Roth IRAs are excluded from Georgia debtors’ bankruptcy estates under the Bankruptcy Code and Georgia’s garnishment statute. In Hoffman v. Signature Bank of Georgia (In re Hoffman), 2022 U.S. App. LEXIS 2119 (11th Cir. Jan. 24, 2022), the court reversed the district court’s affirmance…
No Direct Physical Loss or Damage, No Coverage: All-Risk Policy Does Not Cover Lost Profits Due to COVID-19 Government Restrictions
The Eleventh Circuit held that an insured’s policy did not cover the lost profits it suffered as a result of government restrictions implemented in response to the COVID-19 pandemic because the policy only covered “direct physical loss or damage.” Ascent Hospitality Management Co. v. Employers Insurance Co. of Wasau, 2022 U.S. App. LEXIS 1161 (11th…
Treasury Department Conservation Easement Regulation Invalidated
In an important development in the ongoing litigation over taxation of conservation easements, Hewitt v. Commissioner, 2021 U.S. App. LEXIS 38555 (11th Cir. Dec. 29, 2021), invalidated a U.S. Treasury Department regulation issued in 1986 for failure to comply with the Administrative Procedure Act. The panel reversed a United States Tax Court’s decision, and remanded…