Declaratory Judgment Did Not Extinguish Right to Demand Prejudgment Interest Under Georgia Law
Posted on Aug 26, 2022 in Civil Procedure | Comments Off on Declaratory Judgment Did Not Extinguish Right to Demand Prejudgment Interest Under Georgia Law
In FDIC v. Certain Underwriters at Lloyd’s of London, 2022 U.S. App. LEXIS 23203 (11th Cir. Aug. 19, 2022), the Eleventh Circuit held that a demand for prejudgment interest made after entry of a declaratory judgment was timely under Georgia law. The FDIC, as receiver for Omni National Bank, sued some of Omni’s former officers and directors for negligence. Those cases settled, with the...
Equitable Estoppel Unavailable to Require Reimbursement from Treasury of Taxes Paid Under Protest
Posted on Aug 23, 2022 in Taxation | Comments Off on Equitable Estoppel Unavailable to Require Reimbursement from Treasury of Taxes Paid Under Protest
In Affordable Bio Feedstock, Inc. v United States, 2022 U.S. App. LEXIS 20577 (11th Cir. July 26, 2022), the Eleventh Circuit held that the taxpayer was not eligible for reimbursement of protest payments made to the Internal Revenue Service (“IRS”) because “payments of money from the Federal Treasury are limited to those authorized by statute.” The sole issue before the court was...
Eleventh Circuit Upholds “Floating” Forum Selection Clause
Posted on Aug 19, 2022 in Civil Procedure | Comments Off on Eleventh Circuit Upholds “Floating” Forum Selection Clause
In AFC Franchising, LLC v. Purugganan, 2022 U.S. App. LEXIS 22323 (11th Cir. Aug. 11, 2022), the Eleventh Circuit held that an individual consented to personal jurisdiction and venue by agreeing to a “floating” forum selection clause. Danilo Purugganan entered into a “Master Developer Agreement” with Doctors Express Franchising in 2009. The parties agreed that the contract would be...
Settlement Class Defined to Include Uninjured Members Cannot Be Approved
Posted on Aug 18, 2022 in Class Actions | Comments Off on Settlement Class Defined to Include Uninjured Members Cannot Be Approved
An appeal concerning the meaning of coupon settlements under the Class Action Fairness Act instead produced an important opinion, Drazen v. Pinto, 2022 LEXIS 20766 (11th Cir. July 27, 2022), addressing the certification of classes that are defined to include members who have not been injured. Some background may be helpful in understanding the ruling. In TransUnion LLC v. Ramirez, 141...
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,...