Eversheds Sutherland 11th Circuit Business Blog
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Failure to Comply with Rule 9(b)’s Particularity Requirement Dooms Claims under the False Claims Act

Payments by the AIDS Healthcare Foundation to an employee responsible for referring HIV-positive patients to healthcare services offered by the Foundation fall within the employee exemption to the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b)(3)(B), according to the Eleventh Circuit’s decision in Carrel v. AIDS Healthcare Foundation, Inc., 2018 WL 3734278 (11th Cir. Aug. 7, 2018). ...

Procedural Lapses Short-Circuit Attack on Statute Aimed at Incentivizing Nuclear Plant Construction

The abandonment of the V.C. Summer nuclear project in South Carolina and the questionable status of Plant Vogtle in Georgia have garnered headlines in recent months and raised questions about the validity of state statutes authorizing utility companies to preemptively charge customers for the design and construction of new nuclear facilities using rate hikes. In William B. Newton v....

Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA

Can a remediation plan designed to settle one lawsuit moot claims for similar injunctive relief in another case? Maybe in some contexts, but the Eleventh Circuit rejected that argument on the facts presented in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. June 19, 2018), an ADA dispute over website accessibility for the blind. Haynes had sued for declaratory and...

Rule 41 Not Proper Method to Dismiss Particular Claims

What is the proper procedure for voluntarily dismissing a count in a civil action? This question is not explicitly answered by the text of the Federal Rules of Civil Procedure. The Eleventh Circuit offered a tutorial in Perry v. Schumacher Group of Louisiana, 2018 WL 2473721 (11th Cir. June 4, 2018), making clear that Fed. R. Civ. P. 41(a)(1)(A) is not an available mechanism for...

Toxicology Expert’s Opinions Properly Excluded for Failure to Consider Dose-Response Relationship or Potential Alternative Causes of Plaintiff’s Disease

In Williams v. Mosaic Fertilizer, LLC, 2018 WL 2191426 (11th Cir. May 14, 2018), the Eleventh Circuit affirmed the District Court’s exclusion of proffered expert testimony by a toxicologist, and of the plaintiff’s proposed lay testimony that her home had “no present value” because of emissions from a nearby fertilizer plant, and affirmed the resulting grant of summary judgment to the...

False Claims Act Statute of Limitations Extended

An extended limitations period—up to ten years, in some circumstances—is applicable to actions by private plaintiffs under the False Claims Act (FCA) even when the government declines to intervene, according to a recent Eleventh Circuit decision, United States ex rel. Hunt v. Cochise Consultancy, Inc., 2018 WL 1736788 (11th Cir. Apr. 11, 2018). In so holding, the court staked out a...

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