Eversheds Sutherland 11th Circuit Business Blog
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Dollars from Donuts: Court Applies Georgia Civil Rule on Attorneys’ Fees

A plaintiff whose vehicle was struck by a Krispy Kreme driver appealed a $330,000 verdict in her favor and obtained a reversal, and a chance to win an even bigger verdict, in Showan v. Pressdee, 2019 WL 1891785 (11th Cir. Apr. 29, 2019). At issue primarily was a once fairly obscure provision of the Georgia Civil Practice Act, added in “tort reform” legislation enacted in 2005. The...

SPLIT PANEL UPHOLDS DISMISSAL OF FORCE-PLACED INSURANCE CLAIMS UNDER FILED-RATE DOCTRINE

Last week, a split panel of the Eleventh Circuit upheld the dismissal of a class action over “force-placed insurance” under the filed-rate doctrine.  Patel v. Specialized Loan Servicing, LLC, 2018 WL 4559091 (11th Cir. Sept. 24, 2018). The “force-placed insurance” in question concerns the residential mortgage market.  A typical mortgage contract requires the borrower to obtain hazard...

Court SLAPPS Down Defamation Suit

The Eleventh Circuit upheld a district court’s rejection of a doctor’s libel and false advertising action challenging two articles highly critical of his novel medical treatments. In Edward Lewis Tobinick, MD v. Novella, 2017 WL 603832 (11th Cir. Feb. 15, 2017), the court upheld the district court’s orders striking state-law claims pursuant to California’s anti-SLAPP statute,...