Eversheds Sutherland 11th Circuit Business Blog
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Formality Needed to Secure Post-Dismissal Amendment Right

Last week, in Cita Trust Co. AG v. Fifth Third Bank, 2018 WL 416253 (11th Cir. Jan 16, 2018), the Eleventh Circuit affirmed the dismissal of a $400-million contract dispute over an unauthorized bond transfer, demonstrating that the court will strictly enforce both procedural rules and contracts negotiated by sophisticated entities. This dispute concerned a transfer of bonds. Cita, a...

Court Limits Right to Cure Improper “Shotgun” Pleadings

The term “shotgun pleading” refers to a complaint that, for one reason or other, fails to give the defendants adequate notice of the claims against them. In the Eleventh Circuit, courts have identified roughly four categories of shotgun pleadings: (1) a pleading with multiple counts where each count adopts the allegations of all preceding counts; (2) a pleading that relies on...

ACLU Gets Jurisdictional Discovery from Michael Jackson Because of Disputed Facts

When is a litigant entitled to jurisdictional discovery? The Eleventh Circuit addressed this issue in an opinion published June 20, 2017, ACLU of Florida, Inc. v. City of Sarasota, 2017 WL 2636542, holding that, when the jurisdictional facts are genuinely in dispute and a party does not unduly delay in seeking discovery, the court abuses its discretion if it completely denies...

Improper Claim-Splitting Warrants Dismissal

In a case of first impression, the Eleventh Circuit has held that a plaintiff’s second case against a defendant, arising out of the same nucleus of operative facts, was properly dismissed as the product of improper claim-splitting. Vanover v. NCO Fin. Servs., Inc., 2017 WL 2129557 (11th Cir. May 17, 2017). In 2014, Karen Vanover sued NCO Financial Systems in federal court, claiming...

To Bar, or Not to Bar: That Is the Certified Question

How long after winning a judgment in the federal court can a Florida plaintiff conduct post-judgment collection efforts? That is the question at the heart of Salinas v. Ramsey, 2017 WL 1593469 (11th Cir. May 2, 2017). The issue has been decided differently in cases before the Florida District Courts of Appeal, and so Tuesday, the Eleventh Circuit certified a question to the Florida...

Asset Buyer Not Bound by Lanham Act Injunction Without Proof of Actual Notice

The buyer of most of the operating assets of a company subject to a Lanham Act injunction was held by the Eleventh Circuit not to be subject to the injunction, even though the seller’s CEO and owner became president and part-owner of the buyer as part of the sale. ADT LLC v. NorthStar Alarm Services, LLC, 2017 WL 1364978 (11th Cir. Apr. 14, 2017).  A year after the sale, the plaintiff,...

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