Eversheds Sutherland 11th Circuit Business Blog
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Court Confirms That Same Personal-Jurisdiction Standards Apply Under Fifth and Fourteenth Amendments

In Herederos de Roberto Gomez Cabrera, LLC v. Teck Resources Ltd., 2022 U.S. App. LEXIS 22473 (11th Cir. Aug. 12, 2022), the Eleventh Circuit held that the “minimum contacts” analysis applied to determine the existence of personal jurisdiction under the Fourteenth Amendment also applies when jurisdiction is asserted under the Fifth Amendment. The case involved a claim by a Florida LLC...

A Takings Claim By Any Other Name . . . May Not Succeed

In Hillcrest Property, LLP v. Pasco County, 2019 WL 580259 (11th Cir. Feb. 13, 2019), the Eleventh Circuit confirmed that allegedly unlawful application of a land-use ordinance does not give rise to a substantive due process claim.  As the court previously held in McKinney v. Pate, 20 F.3d 1550 (11th Cir. 1994), “executive action never gives rise to a substantive-due-process claim...

Keep the Change: Eleventh Circuit Rejects Cab Companies’ Constitutional Challenge to Rideshare Ordinance

The Eleventh Circuit has affirmed the dismissal of taxi companies’ claims that a Miami-Dade County ordinance permitting rideshare services to participate in the for-hire transportation market constituted a taking of the cab companies’ property and/or a denial to them of equal protection.  Checker Cab Operators, Inc. v. Miami-Dade County, 2018 WL 3721227 (11th Cir. Aug. 6, 2018). Before...