Senate Confirms Nancy Gbana Abudu
Posted on May 22, 2023 in Court News, Uncategorized | Comments Off on Senate Confirms Nancy Gbana Abudu
The Senate has confirmed Nancy Gbana Abudu to replace Judge Beverly Martin on the Eleventh Circuit. Abudu joins the Court from the Southern Poverty Law Center, where she served as Deputy Legal Director and Director for Strategic Litigation. According to the White House’s announcement upon her nomination, she will be “the first African-American woman judge ever to sit on the...
A New Rule for Vacatur of International Arbitration Awards
Posted on May 17, 2023 in Arbitration, Uncategorized | Comments Off on A New Rule for Vacatur of International Arbitration Awards
Overruling Industrial Risk Insurers v. M.A.N. Gutehoffnunshutte GmbH, 141 F.3d 1434 (11th Cir. 1998) and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), the Eleventh Circuit has held that an international arbitration award falling under the New York Convention may be vacated by courts in the arbitration’s “primary...
Language of Insurance Policy Governs Even When Flatly Contradicted by Clear and Overwhelming Proof of the Parties’ Intent
Posted on May 16, 2023 in Insurance | Comments Off on Language of Insurance Policy Governs Even When Flatly Contradicted by Clear and Overwhelming Proof of the Parties’ Intent
It is a truth universally acknowledged (by judges and lawyers, anyway), that unambiguous contract language must be interpreted according to its plain terms, without resort to extrinsic evidence. But what if that extrinsic evidence shows, without dispute, that both parties meant something else entirely? That court answered that question in Shiloh Christian Center v. Aspen Specialty...
Motorized Scooter Was an “Uninsured Motor Vehicle” Sufficient to Trigger UM Coverage
Posted on May 16, 2023 in Insurance | Comments Off on Motorized Scooter Was an “Uninsured Motor Vehicle” Sufficient to Trigger UM Coverage
A Razor Pocket Mod scooter that struck a vehicle insured under a State Farm automobile insurance policy was an “uninsured motor vehicle” sufficient to trigger the policy’s Uninsured Motor Vehicle (“UM”) coverage. State Farm Mut. Auto. Ins. Co. v. Spangler, 64 F.4th 1173 (11th Cir. April 3, 2023). After Anna Spangler suffered injuries as a result of the collision with the scooter, she...
Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
Posted on Apr 28, 2023 in Class Actions | Comments Off on Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
The Eleventh Circuit recently vacated approval of a class settlement which included, as an integral part, injunctive relief that no class representative had Article III standing to seek. Williams v. Reckitt Benckiser LLC, 2023 WL 2906311 (11th Cir. Apr. 12, 2023), was brought on behalf of a class of individuals who purchased “brain performance supplements” under the brand name Neuriva....