Eversheds Sutherland 11th Circuit Business Blog
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Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called

The Eleventh Circuit has joined the Second in holding that consent to be called using an autodialer and/or prerecorded messages, given as part of a contract, cannot be unilaterally withdrawn.  Medley v. DISH Network, LLC, 2020 WL 2092594 (11th Cir. May 1, 2020). Linda Medley entered into a 24-month agreement with DISH Network to receive satellite television services for a monthly fee. ...

Supreme Court Grants Cert. in Bankruptcy Discharge Case

The Supreme Court granted cert. on January 12, 2018, to review Appling v. Lamar, Archer & Cofrin, LLP (In re Appling), 848 F.3d 953 (11th Cir. 2017), which we reported on below.  The case, which involves the bankruptcy discharge exception for fraud, will be heard this term. Posted by Tom...

Securities Law Judgment Excepted from Discharge

On the same day the court decided Appling (below), the Eleventh Circuit issued a second bankruptcy-discharge opinion, this time addressing one of the more obscure exceptions from discharge, § 523(a)(19)(A)’s exception for judgments for securities law violations. Lunsford v. Process Technologies Services, LLC (In re Lunsford), 2017 WL 603845 (11th Cir. Feb. 15, 2017).  Judge Bill Pryor...

Court Broadly Construes Bankruptcy Discharge Exception for Fraud

One of the most litigated issues in bankruptcy court is whether a discharge of a particular claim should be granted to a debtor who has committed fraud relating to the claim, a statutory discharge exception found in section 523(a)(2)(A) and (B) of the Bankruptcy Code. The statute establishes a dichotomy between fraudulent statements regarding the debtor’s (or an “insider” of the...