Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
Posted on Nov 3, 2020 in Consumer Protection | Comments Off on Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that the...
Employee Arbitration Award Stands Despite Arbitrators’ Alleged Misinterpretation of the Contract
Posted on Sep 23, 2020 in Arbitration | Comments Off on Employee Arbitration Award Stands Despite Arbitrators’ Alleged Misinterpretation of the Contract
The Eleventh Circuit refused to vacate an employee’s arbitration award for nearly $4 million for wrongful termination based on the employer’s claim that the arbitration panel misinterpreted the parties’ employment and arbitration agreements in Gherardi v. Citigroup Global Markets Inc., 2020 WL 5553255 (11th Cir. Sept. 17, 2020). The employee brought several claims in arbitration,...
Florida Exemption Does Not Shield Improperly Maintained IRA from Creditors
Posted on Jul 3, 2019 in Bankruptcy | Comments Off on 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
Posted on Feb 6, 2019 in Commercial Law and Business Torts | Comments Off on 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
Posted on Aug 1, 2018 in Court News | Comments Off on 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...