Eversheds Sutherland 11th Circuit Business Blog
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Florida Exemption Does Not Shield Improperly Maintained IRA from Creditors

An IRA owner could not rely on a Florida exemption to shield his IRA account from creditors after engaging in prohibited acts of self-dealing with his IRA funds, the Eleventh Circuit held in Yerian v. Webber, 2019 WL 2610751 (11th Cir. June 26, 2019). The IRA owner, Keith Yerian, opened a self-directed IRA. The IRA was governed by two contracts. One of the contracts required Yerian to...

Eleventh Circuit Holds That An Already-Married Couple Can Form An “Association-In-Fact” Enterprise Under The Civil RICO Statute Without Creating A New Entity

This week, in Al-Rayes v. Willingham, 2019 WL 441325 (11th Cir. Feb. 5, 2019) the Eleventh Circuit held that a married couple cannot escape civil liability under the Racketeer Influenced and Corrupt Organizations Act solely on the basis that their marriage preceded the illegal acts and they did not form a formal entity in executing those acts. In 2006, the plaintiff in this case, Mr....

Britt Grant Confirmed as Eleventh Circuit Judge

Georgia Supreme Court Justice Britt Grant was confirmed by the U.S. Senate yesterday afternoon to fill the Eleventh Circuit judgeship created when Judge Julie Carnes elected to take senior status.  The vote was 52-46.  Justice Grant, 40, is not the youngest person to be confirmed for an Eleventh Circuit seat since the court was constituted in 1981.  That honor belongs to Senior Judge...