Eversheds Sutherland 11th Circuit Business Blog
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Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank

A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked standing to bring claims against the bank which, he alleged, aided and abetted the fraudulent scheme committed by the companies for which he was appointed receiver. The receiver’s action was thus properly dismissed for lack of subject matter...

Eleventh Circuit Invalidates FTC Cease and Desist Order

In LabMD, Inc. v. Federal Trade Commission, 2018 WL 3056794 (11th Cir. June 6, 2018), the Eleventh Circuit vacated an FTC cease and desist order, finding that the order was unenforceable because it lacked the required specificity that would enable the order to be enforced by a court. LabMD is a now-defunct medical laboratory. Given the nature of its work, LabMD was subject to...