Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court
Posted on Nov 26, 2019 in Class Actions, Uncategorized | Comments Off on 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...
Ex-Wife Who Was Fraudulently Transferred Millions Of Dollars Can’t Get Relief From Paying Her Ex-Husband’s Creditors, But She Doesn’t Have To Pay Punitive Damages Awarded Against Him
Posted on May 28, 2019 in Civil Procedure | Comments Off on Ex-Wife Who Was Fraudulently Transferred Millions Of Dollars Can’t Get Relief From Paying Her Ex-Husband’s Creditors, But She Doesn’t Have To Pay Punitive Damages Awarded Against Him
The Eleventh Circuit published a fraudulent-transfer decision in Alliant Tax Credit 31, Inc. v. Murphy, 2019 WL 2121297 (11th Cir. May 15, 2019). With appeals from both sides, the court tediously worked its way through numerous issues on appeal. Most of these involved state law questions, but the court in an opinion by Judge Tjoflat shed some light on mootness and assessing diversity...
Unregistered Copyright Does Not Preclude Federal Jurisdiction
Posted on Nov 1, 2018 in Jurisdiction | Comments Off on Unregistered Copyright Does Not Preclude Federal Jurisdiction
Capping off an October trio of copyright decisions, the Eleventh Circuit in Fastcase, Inc. v. Lawriter, LLC, 2018 WL 5318148 (11th Cir. Oct. 29, 2018), confirmed that the failure to register a copyright does not defeat federal subject-matter jurisdiction (though it may doom an infringement claim under Rule 12(b)(6)). The court also held that a plaintiff’s potential liability may be...
ACLU Gets Jurisdictional Discovery from Michael Jackson Because of Disputed Facts
Posted on Jun 29, 2017 in Civil Procedure, Jurisdiction | Comments Off 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...
Dual Citizenship Does Not Create CAFA Jurisdiction
Posted on Apr 3, 2017 in Civil Procedure, Jurisdiction | Comments Off on Dual Citizenship Does Not Create CAFA Jurisdiction
Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff class members are citizens of a single...