Prior-Precedent Rule Dictates Result in Condemnation Action
Posted on Mar 7, 2023 in Civil Procedure | Comments Off on Prior-Precedent Rule Dictates Result in Condemnation Action
In Sabal Trail Transmission, LLC v. 18.27 Acres of Land, 59 F.4th 1158 (11th Cir. 2023), the court applied its prior-precedent rule and held that state rather than federal law provides the measure of compensation to be paid to a landowner upon a private party’s exercise of federal eminent-domain power under the federal Natural Gas Act. Sabal Trail is a natural-gas company eligible to...
Declaratory Judgment Did Not Extinguish Right to Demand Prejudgment Interest Under Georgia Law
Posted on Aug 26, 2022 in Civil Procedure | Comments Off on Declaratory Judgment Did Not Extinguish Right to Demand Prejudgment Interest Under Georgia Law
In FDIC v. Certain Underwriters at Lloyd’s of London, 2022 U.S. App. LEXIS 23203 (11th Cir. Aug. 19, 2022), the Eleventh Circuit held that a demand for prejudgment interest made after entry of a declaratory judgment was timely under Georgia law. The FDIC, as receiver for Omni National Bank, sued some of Omni’s former officers and directors for negligence. Those cases settled, with the...
Eleventh Circuit Upholds “Floating” Forum Selection Clause
Posted on Aug 19, 2022 in Civil Procedure | Comments Off on Eleventh Circuit Upholds “Floating” Forum Selection Clause
In AFC Franchising, LLC v. Purugganan, 2022 U.S. App. LEXIS 22323 (11th Cir. Aug. 11, 2022), the Eleventh Circuit held that an individual consented to personal jurisdiction and venue by agreeing to a “floating” forum selection clause. Danilo Purugganan entered into a “Master Developer Agreement” with Doctors Express Franchising in 2009. The parties agreed that the contract would be...
Rule 11 Motion May Be Filed After Final Judgment, Provided 21-Day Safe Harbor Period Has Run
Posted on Aug 13, 2022 in Civil Procedure | Comments Off on Rule 11 Motion May Be Filed After Final Judgment, Provided 21-Day Safe Harbor Period Has Run
The Eleventh Circuit recently confirmed that a litigant may file a Rule 11 motion even after final judgment has been entered—notwithstanding arguably contrary language in some of the court’s prior decisions—as long as the 21-day safe harbor period required by the rule has run. Huggins v. Lueder, Larkin & Hunter, LLC, 39 F.4th 1342 (11th Cir. July 12, 2022). The law firm Lueder,...
No Tiebreaker Necessary: Breaking with the Federal Circuit, Court Holds That Litigation Can Result in No “Prevailing Party” for Cost and Fee Shifting
Posted on Jul 17, 2022 in Civil Procedure | Comments Off on No Tiebreaker Necessary: Breaking with the Federal Circuit, Court Holds That Litigation Can Result in No “Prevailing Party” for Cost and Fee Shifting
In Royal Palm Properties, LLC v. Pink Palm Properties, LLC, 2022 U.S. App. LEXIS 18682 (11th Cir. July 7, 2022), the Eleventh Circuit held that there may be no prevailing party for the purposes of post-verdict cost and fee shifting. A unanimous appellate panel affirmed a district court’s denial of a litigant’s motion for costs and fees, finding that the jury’s split verdict resulted in...
Denial of Motion in Limine Without Prejudice Requires Renewal of Objection at Trial
Posted on Jan 11, 2022 in Civil Procedure | Comments Off on 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...