“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…
Author: Valerie Sanders
Remand Order Not Appealable Despite Ride-Along Denial of Motion to Compel Arbitration
28 U.S.C. § 1447(d) bars appellate review of remand orders. 9 U.S.C. § 205 permits removal of actions relating to international arbitration agreements, and 9 U.S.C. § 16 permits appellate review of orders denying motions to compel arbitration. So what happens when a case is removed under section 205 and the district court in a…
Third-Party Beneficiary Required to Arbitrate
After a catastrophic turbine failure at an Algerian power plant, insurers acting as subrogees of the plant’s owner, Shariket Kahraba Hadjret En Nouss (the “Owner”) filed an action in Georgia’s state-wide business court against various General Electric entities that had provided services for the plant under contracts between the GE entities and the plant’s operator,…
Divided Panel Affirms Remand of COVID-Related Claims to State Court
A resident of a Florida assisted living facility died shortly after contracting COVID-19. The representatives of her estate brought an action in state court against the owners and operators of the facility, alleging that the defendants failed to prevent the spread of the virus at the facility and asserting only state-law claims. The defendants removed…
Court Rejects Challenge to International Arbitration Award
Hidroelectrica Santa Rita S.A. (“HSR”) and Corporación AIC, S.A. (“AICA”) were parties to an Engineering, Procurement, and Construction (“EPC”) contract for a power plant to be built in Guatemala. HSR canceled the project, citing force majeure, and the parties brought various claims against each other in arbitration. The arbitration panel issued an award which—among other…
International Arbitration Award Confirmed Under New Standards
Last year, in Corporación AIC, SA v. Hidroélectrica Santa Rita S.A., 66 F.4th 876 (11th Cir. 2023) (en banc), the court overruled two prior decisions to hold that the grounds for vacatur of an international arbitration award are those set forth in Chapter 1 of the Federal Arbitration Act (“FAA”), not the grounds enumerated in…
Absence of Final Decision Stymies Class-Certification Appeal
Two named plaintiffs brought a putative class action against AT&T Mobility Services, alleging pregnancy-related discrimination in their employment. The district court denied the plaintiffs’ motion for class certification; the 11th Circuit denied their petition for review under Fed. R. Civ. P. 23(f); and the two named plaintiffs settled with AT&T Mobility and voluntarily dismissed their…
Corporate Veil May Be Pierced at Summary-Judgment Stage
W.P. Productions (“WPP”) contracted with Sam’s West, Inc., a corporation including “Sam’s Club” stores, to provide Wolfgang Puck-branded merchandise. As part of the deal, WPP agreed to pay Sam’s for featuring the Puck-branded products in Sam’s Instant Savings Booklets. WPP incurred a significant debt to Sam’s, and left over $2 million of it unpaid. In…
President to Nominate Judge Kidd to the Eleventh Circuit
President Biden has announced his intent to nominate Judge Embry J. Kidd, currently serving as a Magistrate Judge for the United States District Court for the Middle District of Florida, to the Eleventh Circuit. Judge Kidd previously served as an Assistant U. S. Attorney in the Middle District and is a graduate of Emory University…
“Toxic” Lender is Dealer Required to Register Under the Exchange Act
A so-called “toxic” lender was a “dealer” required to register under the Securities Exchange Act of 1934, and disgorgement was an appropriate remedy for his violations, but a divided panel held that a lifetime ban from engaging in penny-stock transactions was an abuse of the district court’s discretion. S.E.C. v. Almagarby, 2024 WL 618517 (11th…