A New Rule for Vacatur of International Arbitration Awards
Posted on May 17, 2023 in Arbitration, Uncategorized | Comments Off on A New Rule for Vacatur of International Arbitration Awards
Overruling Industrial Risk Insurers v. M.A.N. Gutehoffnunshutte GmbH, 141 F.3d 1434 (11th Cir. 1998) and Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), the Eleventh Circuit has held that an international arbitration award falling under the New York Convention may be vacated by courts in the arbitration’s “primary...
Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
Posted on Jul 3, 2022 in Arbitration | Comments Off on Panel Invites Full Court to Revisit Grounds on Which International Arbitration Awards Can Be Vacated
In Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290 (11th Cir. 2022), a panel of the Eleventh Circuit urged the full court to reconsider its holding in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, 921 F.3d 1291 (11th Cir. 2019), and to add to the grounds on which an international arbitration award rendered in the United States,...
Fair Debt Collection Laws May Apply to Mortgage Statements
Posted on Jun 9, 2022 in Consumer Protection | Comments Off on Fair Debt Collection Laws May Apply to Mortgage Statements
Answering a question of first impression for the court, the Eleventh Circuit held in Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022), that a mortgage statement submitted to a borrower may, under certain circumstances, constitute a communication in connection with a debt that is subject to the Fair Debt Collection Practices Act, 15 U.S.C....
All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
Posted on May 11, 2022 in Insurance | Comments Off on All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law, an “all-risk” insurance policy covering direct physical loss or damage does not insure against losses and expenses incurred by businesses as a result of COVID-19. In SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, 2022 U.S....
Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website
Posted on Apr 26, 2022 in Jurisdiction | Comments Off on Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website
An ADA plaintiff sufficiently pleaded a concrete intangible injury, and thus had standing to sue, when she alleged that she was unable to access information on a hotel’s website about accommodations for persons with disabilities, even though she visited the hotel only as a “tester” plaintiff and had no intent to return. Laufer v. Arpan LLC, 2022 U.S. App. LEXIS 8270 (11th Cir. Mar. 29,...