Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Reverses Forum Non Conveniens Dismissal

In Otto Candies, LLC v. Citigroup, Inc., 2020 WL 3550680 (11th Cir. July 1, 2020), the Eleventh Circuit reversed the forum non conveniens dismissal of a complaint brought by two U.S. plaintiffs, and 37 foreign plaintiffs, against U.S.-based Citigroup. The plaintiffs, asserting RICO, fraud, and other state-law claims, alleged that they had contracted with or invested in a Mexican...

Court Refuses Stay of COVID-19 Abortion Injunction

COVID-19 is showing its across-the-board implications and triggering quick action from courts.  Though the high-profile abortion case of Robinson v. Attorney General, Alabama, 2020 WL 1952370 (11th Cir. Apr. 23, 2020), might not ordinarily be featured in this blog, the case represents the first round of COVID-19 cases to make its way up to the Eleventh Circuit and highlights the...

Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs

Although parties generally bear their own costs upon voluntary dismissal of a federal case, there are, as with most rules, exceptions. For example, pursuant to Federal Rule of Civil Procedure 41(d), if a plaintiff voluntarily dismisses an action and then files a second action “based on or including the same claim,” the court may: (1) “order the plaintiff to pay all or part of the costs...

Legal Challenge by Frustrated Supporters of 2016 Bernie Sanders Campaign Rejected

As the country approaches the next presidential election in 2020, the Eleventh Circuit closed the book on a putative class action filed by supporters of Bernie Sanders during his last bid for the Democratic Party’s nomination in 2016. Wilding v. DNC Services Corp., 2019 WL 5539021 (11th Cir. Oct. 28, 2019), “pit[ted] a political party against some of its supporters,” who alleged that...

Lending Agreements’ Out-of-State Forum Selection Clauses and Class Action Waivers Violate Georgia Public Policy

Lenders were barred from enforcing out-of-state forum selection clauses and class action waivers in loan agreements because such provisions violate Georgia’s public policy, the Eleventh Circuit held in Davis v. Oasis Legal Finance Operating Co., 2019 WL 4051592 (11th Cir. Aug. 28, 2019). A class of borrowers who entered into identical loan agreements sued their lenders, alleging that...

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