Eversheds Sutherland 11th Circuit Business Blog
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Denial of Motion in Limine Without Prejudice Requires Renewal of Objection at Trial

Yates v. Pinellas Hematology & Oncology, P.A., 2021 US. App. LEXIS 38556 (11th Cir. Dec. 29, 2021), involved claims that the defendant medical provider violated the False Claims Act by materially altering some of its submissions to Medicare. After a jury found the defendant liable and awarded damages and penalties in excess of $1.1 million, the defendant appealed. The Eleventh...

Court Affirms Order Unsealing “Unguarded Emails”

The Eleventh Circuit reiterated the importance of access to judicial proceedings—including, in the case at hand, “unguarded emails expressing personal opinions,” in Callahan v. United Network for Organ Sharing, 2021 U.S. App. LEXIS 34201 (11th Cir. Nov. 17, 2021). The underlying dispute arose from a revised organ donation policy approved by the defendant United Network for Organ...

Derivative Jurisdiction Doctrine Does Not Apply to Personal Jurisdiction

In the category of legal doctrines that have outlived whatever usefulness that they once had falls the doctrine of “derivative jurisdiction”—that a federal district court must dismiss a removed case if the state court from which it was removed lacked subject-matter jurisdiction. The doctrine was repealed by statute for cases removed under the general removal provision, 28 U.S.C. §...

Eleventh Circuit Sets the Bar for Bar Orders

In SEC v. Quiros, 966 F.3d 1195 (July 20, 2020), the Eleventh Circuit held that the district court abused its discretion when it entered a bar order extinguishing non-parties’ claims, because entry of the order was not necessary to resolve the parties’ dispute. In 2016, the SEC filed a civil enforcement action against Ariel Quiros, and the district court appointed a receiver to take...

Eleventh Circuit Upholds Forum-Selection Clause

In DeRoy v. Carnival Corp., 2020 WL 3525536 (11th Cir. June 30, 2020), the Eleventh Circuit upheld a forum-selection clause requiring litigation of claims in federal court.  Plaintiff-Appellee Carmela DeRoy sued Defendant-Appellant Carnival Corporation after she injured her foot on a rug while onboard the Carnival Valor.  The contract DeRoy entered into when she booked her ticket had a...

Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs

Although parties generally bear their own costs upon voluntary dismissal of a federal case, there are, as with most rules, exceptions. For example, pursuant to Federal Rule of Civil Procedure 41(d), if a plaintiff voluntarily dismisses an action and then files a second action “based on or including the same claim,” the court may: (1) “order the plaintiff to pay all or part of the costs...

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