FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Posted on Feb 15, 2023 in Consumer Protection | Comments Off on FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Even after the Supreme Court limited the power of the Federal Trade Commission to receive monetary relief under § 13(b) of the Federal Trade Commission Act, the FTC still has authority under § 19(b) of the FTC Act to freeze assets and impose a receivership, the Eleventh Circuit ruled in FTC v. Simple Health Plans LLC, 2023 U.S. App. LEXIS 2192 (11th Cir. Jan. 27, 2023). The FTC brought...
En Banc Court Stands by Ban on Class-Action Incentive Payments for Plaintiffs
Posted on Aug 11, 2022 in Class Actions | Comments Off on En Banc Court Stands by Ban on Class-Action Incentive Payments for Plaintiffs
Nearly two years after a divided three-three judge panel held that federal law prohibits “incentive payments” to named class representatives (see our previous blog post here), the Eleventh Circuit denied a petition to rehear that case en banc. Johnson v. NPAS Solutions, LLC, 2022 U.S. App. LEXIS 21455 (11th Cir. Aug. 3, 2022). The denial effectively upholds that prohibition across...
Interlocutory Appeal Properly Taken from Declaratory Judgment on Insurer’s Duty to Defend; Ambiguous Exclusion Construed in Favor of Coverage
Posted on Mar 9, 2022 in Insurance | Comments Off on Interlocutory Appeal Properly Taken from Declaratory Judgment on Insurer’s Duty to Defend; Ambiguous Exclusion Construed in Favor of Coverage
When a liability insurer seeks a declaratory judgment on whether it has a duty to defend and indemnify an insured, and the district court enters an order finding a duty to defend but putting off a decision on the duty to indemnify, is that nonfinal order subject to interlocutory appeal? In James River Insurance Co. v. Ultratec Special Effects Inc., 22 F.4th 1246 (11th Cir. Jan. 13,...
Court Affirms Summary Judgment in Employer’s Favor on ERISA Claims Arising from Discontinuation of Life Insurance
Posted on Jan 5, 2022 in Employment Law and Employee Benefits | Comments Off on Court Affirms Summary Judgment in Employer’s Favor on ERISA Claims Arising from Discontinuation of Life Insurance
In Klaas v. Allstate Insurance Co., 2021 U.S. App. LEXIS 38473 (11th Cir. Dec. 28, 2021), the Eleventh Circuit affirmed summary judgment in the employer’s favor on ERISA claims stemming from the employer’s discontinuation of retirees’ life insurance benefits. Until 2013, Allstate provided eligible Allstate employees with life insurance that continued after the employee’s retirement....
Court Rejects Creditors’ Due Process Challenge to Release of Bankrupt Debtor’s Affiliates
Posted on Jan 3, 2022 in Bankruptcy | Comments Off on Court Rejects Creditors’ Due Process Challenge to Release of Bankrupt Debtor’s Affiliates
In Jackson v. Le Centre on Fourth, LLC (In re Le Centre on Fourth, LLC), 2021 U.S. App. LEXIS 33845 (11th Cir. Nov. 15, 2021), the Eleventh Circuit rejected creditors’ due process challenge to the release afforded to the debtor’s affiliates in a confirmed Chapter 11 plan. The creditors were plaintiffs in a tort suit filed after Willie Jackson was struck and injured by a vehicle driven...