Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court
Posted on Nov 26, 2019 in Class Actions, Uncategorized | Comments Off on Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court
In Anderson v. Wilco Life Ins. Co., 2019 WL 6242199 (11th Cir. Nov. 22, 2019), the Eleventh Circuit reversed the district court’s order remanding to state court a putative class action against a life insurance company. The case had been properly removed under the Class Action Fairness Act (“CAFA”), the appeals court held, because the plaintiff’s request for an order requiring...
Public Policy Defense to Enforcement of Foreign Arbitral Award Requires Showing That Award Violates the United States’ “Most Basic Notions of Morality and Justice”
Posted on Oct 22, 2019 in Arbitration | Comments Off on Public Policy Defense to Enforcement of Foreign Arbitral Award Requires Showing That Award Violates the United States’ “Most Basic Notions of Morality and Justice”
The United States has acceded to The New York Convention (the “Convention”), which requires participating nations to enforce arbitration agreements and foreign arbitral awards. Federal district courts generally enforce foreign arbitral awards unless a party establishes one of seven defenses enumerated in Article V of the Convention. One such defense is that an award is contrary to the...
A Policy-Limits Demand Under Georgia Law May Require Timely Payment as a Condition of Settlement
Posted on Jun 30, 2017 in Insurance | Comments Off on A Policy-Limits Demand Under Georgia Law May Require Timely Payment as a Condition of Settlement
In Grange Mutual Casualty Co. v. Woodard, 2017 WL 2819729 (11th Cir. June 30, 2017), the Eleventh Circuit applied the Georgia Supreme Court’s holding in Grange Mutual Casualty Co. v. Woodard, 797 S.E.2d 814 (Ga. 2017), to hold that an insurer’s failure to deliver payment within the time required by a policy-limits demand meant that there was no binding settlement between the parties....
Patronage Capital Class Action Removable; Dismissal Affirmed
Posted on Jan 23, 2017 in Civil Procedure, Class Actions, Jurisdiction | Comments Off on Patronage Capital Class Action Removable; Dismissal Affirmed
An electric cooperative organized under state law is nonetheless entitled to remove a putative class action to federal court under the “federal officer” removal statute, according to the Eleventh Circuit in Caver v. Central Alabama Electric Cooperative, 845 F.3d 1135 (11th Cir. 2017), which also affirmed dismissal of a complaint seeking immediate return of patronage capital. ...
Stock Issuer Not Required to Disclose Hiring of Outside Promoters
Posted on Dec 20, 2016 in Securities | Comments Off on Stock Issuer Not Required to Disclose Hiring of Outside Promoters
In the first published appellate court decision to decide the issue, the Eleventh Circuit has held that companies that retain promoters to publish promotional materials to “recommend” or “tout” their stock (and raise the stock price) are not required by federal securities laws to disclose the business arrangement between the issuing company and promoter. In Ballesteros v. Galectin...