Eversheds Sutherland 11th Circuit Business Blog
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Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting

A modification of a Chapter 11 bankruptcy plan on the eve of the hearing on confirmation of that plan requires re-solicitation of votes and re-voting if the modification materially and adversely affects a class of claims or interests, i.e., equity holders, according to the Eleventh Circuit’s opinion in In re America-CV Station Group, Inc., 56 F.4th 1302 (11th Cir. Jan. 5, 2023). The...

What Is an Illegal Human Life Wagering Contract?

According to the Eleventh Circuit, that life insurance policy you took out on your own life with the intent to sell it to a stranger may not in fact be void as an illegal wagering contract.  In Jackson National Life Insurance Co. v. Crum, 54 F.4th 1312 (11th Cir. 2022), the Eleventh Circuit adopted the Georgia Supreme Court’s answer to a certified question on this subject,...

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 the plaintiff had not been appointed as the...