Eversheds Sutherland 11th Circuit Business Blog
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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 Declares Ratepayers’ Challenge to Jefferson County Bankruptcy Plan Equitably Moot

In Bennett v. Jefferson County, Alabama, 2018 WL 3892979 (11th Cir. Aug. 16, 2018), the Eleventh Circuit held that the doctrine of equitable mootness barred a challenge by ratepayers to Jefferson County’s bankruptcy plan, representing the first time the court has applied the doctrine to a Chapter 9 municipal bankruptcy. Jefferson County declared bankruptcy in 2011, having run up some...

En Banc Reminder: Even Self-Serving and Uncorroborated Affidavits Can Preclude Summary Judgment

On January 31, 2018, the full Eleventh Circuit held “that an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated.” United States v. Stein, 2018 WL 635960 (11th Cir. Jan 31, 2018) (en banc). The court treated the case as an opportunity to bring its tax...

Eleventh Circuit Declines to Revisit Dreadlocks Discrimination Case En Banc

Nearly a full year after issuing a revised opinion supporting an initial holding that hairstyles and other “cultural characteristics”—like dreadlocks—cannot form the basis for a Title VII claim of intentional racial discrimination, the Eleventh Circuit denied the Equal Employment Opportunity Commission’s petition for rehearing en banc in EEOC v. Catastrophe Management Solutions (CMS),...

Eleventh Circuit Digs Deep to Revive SCAD Trademark Suit

In an October 3, 2017, opinion, a panel of the Eleventh Circuit reversed the Northern District of Georgia’s grant of summary judgment for the defendant in a trademark-infringement suit brought by Savannah College of Art and Design (SCAD).  In Savannah College of Art and Design, Inc. v. Sportswear, Inc., 2017 WL 4369451, the court held that the district court erred in concluding that...

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