The express preemption provision of the Federal Aviation Administration Authorization Act (“FAAAA”) bars Florida negligence claims against a transportation broker based on the broker’s selection of motor carrier. Aspen American Insurance Company v. Landstar Ranger, Inc., 65 F.4th 1261 (11th Cir. 2023). The owner of cargo hired a transportation broker to secure a motor carrier…
Category: Commercial Law and Business Torts
Plaintiff’s Coal Gasification Claims Go Up in Smoke, $13 Million Verdict on Defendant’s Counterclaim Remains
In MidAmerica C2L Inc. v. Siemens Energy Inc., 25 F.4th 1312 (11th Cir. Feb. 15, 2022), the Eleventh Circuit rejected an appeal from a $13.2 million verdict for the defendant in a lawsuit over coal gasification equipment. In an opinion written by Judge Barbara Lagoa and joined by Judges Newsom and Branch, the court affirmed,…
A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
Florida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. But how much…
Jury Verdict for FDIC vs. Failed Bank Directors, Officers Upheld
The Eleventh Circuit may have closed the final chapter in the long-running litigation over the failure of the Buckhead Community Bank by affirming a $5 million jury verdict against a group of the bank’s former directors and officers. FDIC v. Loudermilk, 2109 WL 3282609 (11th Cir. July 22, 2019). A previous, related court decision during…
Eleventh Circuit Holds That An Already-Married Couple Can Form An “Association-In-Fact” Enterprise Under The Civil RICO Statute Without Creating A New Entity
This week, in Al-Rayes v. Willingham, 2019 WL 441325 (11th Cir. Feb. 5, 2019) the Eleventh Circuit held that a married couple cannot escape civil liability under the Racketeer Influenced and Corrupt Organizations Act solely on the basis that their marriage preceded the illegal acts and they did not form a formal entity in executing…
Divided Court Holds Settlement Agreement Between Cable Provider and Installation Contractor Not the Result of Duress
A party negotiating an agreement may employ leverage or “arm-twisting” to consummate a transaction. At some point, however, tough business tactics may result in a claim of duress, jeopardizing the validity of the agreement. In Cableview Communications of Jacksonville, Inc. v. Time Warner Cable Southeast, LLC, the Eleventh Circuit considered such a claim, ultimately finding…
Eleventh Circuit Invalidates Liquidated Damages Provision As Impermissible Penalty
In Autauga Quality Cotton Association v. Crosby, 2018 WL 3097948 (June 25, 2018), the Eleventh Circuit invalidated a liquidated damages provision, holding it to be an impermissible penalty under Alabama law. Appellant Autauga Quality Cotton Association is a not-for-profit cotton-marketing association based in Central Alabama whose mission is to provide price stability to both farmers and…