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…
Author: Valerie Sanders
“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…
Arbitration Agreement’s Non-Compliance with AAA Rules Dooms Arbitration Bid
A defendant was not aggrieved by the plaintiffs’ failure to arbitrate, and thus was not entitled to an order staying litigation and compelling arbitration, where the plaintiffs sought arbitration but the AAA refused to take their cases because of the defendant’s noncompliance with AAA rules. Bedgood v. Wyndham Vacation Resorts, Inc., 2023 WL 8722023 (11th…
Probate Court’s Prior Exclusive Jurisdiction Dooms Federal-Court Injunction
Paul Horn borrowed $500,000 from Noble Prestige Limited to pursue a claim for damages against AT&T for Horn’s sale to AT&T’s predecessor of his ownership share of a telecommuncations platform. Horn agreed to repay Noble $5,000,000 or 5% of his recovery, whichever was greater. In 2014, after receiving the $500,000, Horn filed suit against AT&T…
Georgia’s Vouchment Statute Does Not Bind the Voucher
Doug Burchfield, a General Mills employee, was severely injured after a loaded railcar unexpectedly rolled down a railway sidetrack leading from a CSX line to a General Mills plant. Burchfield sued CSX and the company that owned the railcar, alleging that CSX negligently delivered the car to General Mills with a faulty handbrake, which caused…
“And All Means All”: Stipulation of Voluntary Dismissal Requires All Parties’ Signatures
To be effective, a stipulation of dismissal pursuant to Fed. R. Civ. P. 41 must be signed by all parties who have appeared in an action, even if there are multiple defendants and fewer than all of them are being dismissed. City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 2023 WL 5944193 (11th Cir. Sept….
Court Rejects Former Employee’s Challenge to “Loser-Pays” Arbitration Provision
When Isaac Payne took a job at the Savannah College of Art and Design (“SCAD”), he signed an acknowledgement agreeing to comply with the school’s staff handbook, including its alternative dispute resolution policy. The arbitration policy provided, among other things, that the non-prevailing party in any arbitration would be required to pay the arbitrator’s fees,…
Divided Panel Holds that Insurer’s Total-Loss Settlement Complied with Florida Law
After Gina Signor’s Lexus was damaged in an accident Safeco declared the vehicle a total loss under her automobile insurance policy. Under the policy, Signor was due the “actual cash value,” or “ACV,” of the vehicle. To determine the ACV, Safeco used the Certified Collateral Corporation ONE Market Valuation System, also known as the “CCC…
Equitable Tolling May Apply to Deadline for Motion to Vacate Arbitration Award
NuVasive, a manufacturer of medical products, had an exclusive distribution agreement, including noncompetition provisions, with Absolute Medical, LLC. After Absolute Medical disclaimed that agreement and started using the same salespeople to work for NuVasive’s competitor, NuVasive sued. The district court ordered arbitration of one of NuVasive’s claims—for breach-of-contract damages—and stayed most of the other claims….
Summary Judgment for Creditor on FCRA Claim Arising Out of Impersonation of Cardholder
An employee of Shelly Milgram’s interior-design business opened up three personal credit cards in Milgram’s name, without Milgram’s authorization. The employee made charges on those cards—one of which was a Chase card—and on a Chase business card in Milgram’s name, without Milgram’s permission. The employee paid the resulting bills from a bank account owned by…