Eversheds Sutherland 11th Circuit Business Blog
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FDCPA Standing Case To Be Reheard En Banc

The full court will rehear Hunstein v. Preferred Collection & Mgmt. Svcs., Inc., in which a panel of the court determined that a consumer had standing to challenge under the FDCPA a debt collector’s provision of information to a third-party mail service. You can read our prior post on the case here.

STOLI Invalidation Upheld, Issues Certified to Delaware Supreme Court

STOLI – Stranger-Originated Life Insurance – was the subject of the court’s decision in Estate of Malkin v. Wells Fargo Bank, NA, 2021 Westlaw 2149344  (11th Cir. May 27, 2021). Judge Beverly Martin authored the court’s opinion, which affirmed a Florida district court’s invalidation of the life insurance policy at issue but certified questions relating to defenses and a counterclaim to...

Oral Arguments to Be Live-Streamed

The Eleventh Circuit’s General Order No. 45 authorizes panels to hear argument by audio or teleconference, rather than in person, in light of the COVID-19 pandemic and resulting safety precautions. The arguments will be live-streamed to the public, at no charge, to the extent feasible (and not in cases that would not otherwise be argued publicly, including those involving...

Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court

In Anderson v. Wilco Life Ins. Co., 2019 WL 6242199 (11th Cir. Nov. 22, 2019), the Eleventh Circuit reversed the district court’s order remanding to state court a putative class action against a life insurance company. The case had been properly removed under the Class Action Fairness Act (“CAFA”), the appeals court held, because the plaintiff’s request for an order requiring...