Eversheds Sutherland 11th Circuit Business Blog
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Appeal on the Merits Untimely, and Costs Award to Defendant Under Rule 68 Affirmed, in FLSA Case

In a hectic end to 2020, we almost overlooked an interesting appellate procedure opinion affecting FLSA cases, Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934 (11th Cir. 2020). In Vasconcelo, the Eleventh Circuit dismissed an FLSA plaintiff’s appeal on the merits as untimely; affirmed the district court’s attorneys’ fees award, which awarded less than the plaintiff had sought; and...

Too Late At The District Court Is Still Too Late At The Appellate Court

The Eleventh Circuit’s opinion in Corley v. Long-Lewis, Inc., 2020 WL 4006602 (11th Cir. July 16, 2020), delivered by Judge William Pryor, primarily concerned questions of appellate jurisdiction, all of which were resolved in favor of hearing the appeal. The multi-faceted procedural history set the stage for the issues of appellate jurisdiction: A case that had been transferred from...

Appellate Lapses Ding Body Shops’ Antitrust Appeal

In another appeal from the body shops vs. insurers antitrust MDL, Automotive Alignment & Body Service, Inc. v. State Farm Mutual Automobile Insurance Co., 2020 WL 1074420 (Mar. 6, 2020), the Eleventh Circuit first delved into two procedural questions arising from lapses by appealing plaintiffs, one concerning appealability; the other, reviewability.  The appellants were three...

Appeal time runs from stipulation of dismissal filing—not subsequent order

Fed. R. Civ. P. 41(a)(1)(A)(ii) provides that an action may be dismissed, without a court order, by filing “a stipulation of dismissal signed by all parties who have appeared.” Almost invariably, however, district courts respond to the filing of a stipulation of dismissal with their own order of dismissal, as if to make the dismissal official.  In Love v. Wal-Mart Stores, Inc., 2017 WL...

Eleventh Circuit Begins Posting Oral Arguments to Public Website

After years of quiet reluctance, the Eleventh Circuit has finally begun posting oral-argument recordings on its website. The court thus joins the U.S. Supreme Court and the majority of U.S. Courts of Appeals that already make recordings of oral arguments publicly available online. The court’s change in policy toward oral-argument recordings is reflected in amendments to the Eleventh...

Security Is Secure, Even When It’s in Receivership

In 2009, the SEC filed an action against Arthur Nadel and others following the collapse of a Ponzi scheme. The district court appointed a receiver to administer the defendants’ property and business affairs “and take whatever actions are necessary for the protection of the investors.”  The district court also established a bar date for creditors’ and investors’ proofs of claim. Wells...

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