When a district court dismisses a complaint and gives the plaintiff a deadline to amend the complaint, a notice of appeal of the dismissal must be filed within 30 days of the last day set for the plaintiff to amend the complaint to be timely, according to the Eleventh Circuit in Burt v. Univ. of…
Year: 2025
The Cheese Stands Alone: A Plaintiff’s Unilateral Conduct Cannot Confer Personal Jurisdiction
The Eleventh Circuit recently clarified that due process does not permit a court to exercise personal jurisdiction over a defendant where plaintiff’s unilateral conduct is the sole link to the forum. ECB USA, Inc. v. Savencia Cheese USA, LLC,143 F. 4th 1232 (11th Cir. 2025). Schratter Foods Incorporated was a Delaware corporation headquartered in New…
Florida Deceptive and Unfair Trade Practices Act Claims Sounding in Fraud Must Be Pleaded with Particularity under FRCP 9(b)
In a case of first impression, the Eleventh Circuit held that when a claim sounds in fraud, based on the underlying allegations, it must comply with Federal Rule 9(b)’s particularity requirement. This requirement applies to claims asserting violations of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). Because the plaintiff failed to plead his FDUTPA…
The SEC’s 2023 Funding Order for Consolidated Audit Trail is Arbitrary and Capricious
The Eleventh Circuit vacated the SEC’s 2023 Funding Order for its Consolidated Audit Trail (the “CAT”) as arbitrary and capricious in violation of the Administrative Procedure Act. Am. Sec. Ass’n v. SEC, No. 23-13396 (11th Cir. July 25, 2025). The court remanded the matter to the SEC for further proceedings. For over a decade, the…
Prior Employment Retaliation Action Precludes False Claims Act Qui Tam Action
A False Claims Act (“FCA”) qui tam action may be barred by res judicata because of a prior employment retaliation action, the Eleventh Circuit held in Milner v. Baptist Health Montgomery, 132 F.45h 1354 (11th Cir. 2025). A physician brought suit against his former employer-hospital, alleging that he was fired for whistleblowing on a scheme…
Unrebutted Declaration Sufficient to Show Agreement to “Clickwrap” Arbitration Provision; Waiver Question Delegated to Arbitrator
“Clickwrap” arbitration agreements—that is, agreements that require an online “click” to agree—are enforceable under Florida law if certain requirements are met. And a defendant’s unrebutted declaration describing the circumstances of the “click,” and the terms to which the user agreed, may be sufficient to require arbitration. Lamonaco v. Experian Inform. Sols., Inc., 2025 WL 1831283…
Foreign IP-Holding Companies May Be Subject to Personal Jurisdiction in Federal Court Based on Registration and Enforcement of U.S. Trademarks
In a significant decision for foreign companies with U.S. trademarks, the Eleventh Circuit held that a foreign intellectual-property holding company can be subject to personal jurisdiction in U.S. courts based solely on its registration and strategic use of U.S. trademarks. The court’s opinion, Jekyll Island-State Park Authority v. Polygroup Macau Limited, 2025 WL 1637952,…
The Little Profits of an Idle Issuer: Stock Repurchases Do Not Trigger Liability Under Section 16(b) of the Securities Exchange Act
No matter how much a shareholder strives and seeks, it cannot find the “profit realized” when an issuer repurchases its own stock on the open market. This according to the Eleventh Circuit’s per curiam opinion in Roth v. Russell. 2025 WL 1553628 (11th Cir. June 2, 2025). Andrew Roth saw an opportunity when Luminar Technologies,…
Once Litigation Filed, It’s Too Late to Cure Failure to Meet AAA Arbitration Requirements
Business parties who seek the advantages of arbitration, including protection from class actions, must take care to comply with the arbitral forum’s requirements or risk losing those advantages. This is the upshot of the Eleventh Circuit’s recent decision in Merritt Island Woodwerx, LLC v. Space Coast Credit Union, 2025 WL 1450492 (11th Cir. May 21, 2025)(per curiam). …
Court Clarifies Scope of Florida’s Litigation Privileges in Defamation Suit
The Eleventh Circuit this month weighed in on the appealability and scope of Florida’s litigation privileges in the context of a defamation lawsuit. In Grippa v. Rubin, No. 23-11717, 2025 WL 997347 (11th Cir. Apr. 3, 2025), the court allowed—under the collateral-order doctrine—immediate appeal of an interlocutory order denying application of the absolute litigation privilege…