Eversheds Sutherland 11th Circuit Business Blog
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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...

Direct Appeal from Bankruptcy Proceeding Transferred for Lack of Jurisdiction

Federal courts have struggled with the implications of Stern v. Marshall, 564 U.S. 462 (2011), and Wellness International Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015)—in which the Supreme Court held that the Constitution requires the parties’ consent before bankruptcy courts can finally adjudicate claims that neither “stem[] from the bankruptcy itself [n]or would necessarily be...

New Federal Rules of Appellate Procedure Take Effect

Practitioners take note: Significant amendments to the Federal Rules of Appellate Procedure took effect on December 1, 2016. The Eleventh Circuit’s website has a helpful summary of the major changes here, and a complete set of the amended rules, along with the latest Eleventh Circuit Rules and Internal Operating Procedures, is available here. The biggest changes are across-the-board...

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