Eversheds Sutherland 11th Circuit Business Blog
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Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim

The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022).  The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a claim under the Fair Debt Collection Practices...

Court Confirms That Same Personal-Jurisdiction Standards Apply Under Fifth and Fourteenth Amendments

In Herederos de Roberto Gomez Cabrera, LLC v. Teck Resources Ltd., 2022 U.S. App. LEXIS 22473 (11th Cir. Aug. 12, 2022), the Eleventh Circuit held that the “minimum contacts” analysis applied to determine the existence of personal jurisdiction under the Fourteenth Amendment also applies when jurisdiction is asserted under the Fifth Amendment. The case involved a claim by a Florida LLC...

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...

Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website

An ADA plaintiff sufficiently pleaded a concrete intangible injury, and thus had standing to sue, when she alleged that she was unable to access information on a hotel’s website about accommodations for persons with disabilities, even though she visited the hotel only as a “tester” plaintiff and had no intent to return. Laufer v. Arpan LLC, 2022 U.S. App. LEXIS 8270 (11th Cir. Mar. 29,...

Federal Presumption of Arbitrability Limited to Disputes That Are Immediate, Foreseeable Results of Contractual Performance

After concluding that the most natural reading of an arbitration agreement did not cover the dispute in Calderon v. Sixt Rent a Car, LLC, 2021 U.S. App. LEXIS 20854 (11th Cir. July 14, 2021), the Eleventh Circuit held more broadly that the Federal Arbitration Act’s strong presumption of arbitrability applies only if “the dispute in question was an immediate, foreseeable result of the...

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