In a significant decision for companies operating under an EPA consent decree or similar federally supervised remediation obligation, the Eleventh Circuit reversed remand of a state-law environmental tort case in City of Brunswick v. Honeywell International, Inc., No. 23-13200 (Aug. 3, 2026). City of Brunswick clarifies that companies performing CERCLA cleanup under EPA direction may…
Tag: Judge Lisa Branch
Slashed Deduction for Conservation Easement Donation Upheld
The Eleventh Circuit recently affirmed a U.S. Tax Court decision that a $23 million deduction claimed for a conservation easement donation should only have been $480,000. The court also upheld the imposition of a 40% penalty for gross valuation misstatement. Savannah Shoals, LLC v. Commissioner, 2026 WL 2056291 (July 16, 2026). The case arose from…
Federal Communications Commission’s 2023 Rule Interpreting “Prior Express Consent” Under the TCPA Violates the Administrative Procedure Act
The Eleventh Circuit vacated the Federal Communication Commission’s (“FCC”) 2023 rule interpreting the meaning of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”) because the rule impermissibly conflicted with the ordinary statutory meaning of “prior express consent.” Insurance Marketing Coalition Limited v. FCC, 127 F.4th 303 (11th Cir. 2025). Insurance Marketing Coalition Limited…
Post-Removal Intervention Destroys Diversity Jurisdiction
Once a case is removed to federal district court on the basis of the diverse citizenship of the original parties, staying there is not guaranteed. Certain subsequent events can still deprive the court of jurisdiction. One such event, Fed. R. Civ. P. 24 intervention of a non-diverse plaintiff, led to a recent Eleventh Circuit decision…
One More Time: No Standing for Injunctive Relief, No Class Settlement Approval
For the second time in less than a year, the Eleventh Circuit has vacated a district court’s approval of a class action settlement on the ground that the named plaintiffs lacked standing to seek the injunctive relief component of the settlement. In Smith v. Miorelli, 2024 WL 7700360 (11th Cir. Feb. 26, 2024), the court…
Court Rejects Former Employee’s Challenge to “Loser-Pays” Arbitration Provision
When Isaac Payne took a job at the Savannah College of Art and Design (“SCAD”), he signed an acknowledgement agreeing to comply with the school’s staff handbook, including its alternative dispute resolution policy. The arbitration policy provided, among other things, that the non-prevailing party in any arbitration would be required to pay the arbitrator’s fees,…
Insurers’ Reservation of Rights Letter Did Not Create Right to Reimbursement
Winder Laboratories and Steven Pressman were insured by Continental Casualty Company and Valley Forge Insurance Company when Winder and Pressman were sued by Concordia Pharmaceuticals Inc. for allegedly “falsely or misleadingly advertis[ing] their [products] . . . as generic equivalents to Concordia’s product.” The insureds sought coverage under the insurers’ policies, both of which included…
CFPB’s “Egregious” Conduct Provides Roadmap for How Not to Defend a 30(b)(6) Deposition
The deposition of a party’s corporate representative under Rule 30(b)(6) often presents a tension between inquiry into the party’s knowledge of facts—which is fair game—and inquiry into the party’s legal positions—which can delve into protected attorney work-product. Lawyers representing the Consumer Financial Protection Bureau (“CFPB”) in a case about an allegedly fraudulent debt-collection scheme provided…
Foreign Parent Company Not Subject to Personal Jurisdiction Based Solely on Actions of Subsidiary, and Expert Testimony Properly Excluded as Unreliable in Products-Liability Case
In the absence of facts supporting piercing the corporate veil or rendering affiliated companies alter egos, the actions of a subsidiary alone cannot subject a foreign parent company to personal jurisdiction in Florida, the Eleventh Circuit recently confirmed. The court’s decision in Knepfle v. J-Tech Corp., 2022 U.S. App. LEXIS 25781 (11th Cir. Sept. 14,…
Arbitration Agreement’s Delegation Clause Must Be Enforced Even If Arbitration of Underlying Claims Prohibited by Statute
In Attix v. Carrington Mortgage Services, LLC, 35 F.4th 1284 (11th Cir. May 26, 2022), the Eleventh Circuit reversed a district court’s denial of a motion to compel arbitration and enforced the parties’ agreement to delegate to the arbitrator questions of arbitrability, including whether arbitration itself was precluded by the Dodd-Frank Act. The decision not…