Eversheds Sutherland 11th Circuit Business Blog
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No “Follow-the-Fortunes” Doctrine Where a Reinsurance Agreement’s Terms Are Plainly Inconsistent with the Doctrine

The Eleventh Circuit in Public Risk Management of Florida v. Munich Reinsurance America, Inc., 38 F.4th 1298 (11th Cir. June 29, 2022), held that courts cannot infer application of the “follow-the fortunes” doctrine where a reinsurance agreement’s plain and unambiguous language is inconsistent with the doctrine. Public Risk Management of Florida (“PRM”), a self-insured...

“Business Development Managers” Fall Under FLSA Administrative Exemption, Not Entitled to Overtime

In Brown v. Nexus Business Solutions, LLC, 2022 U.S. App. LEXIS 8777 (11th Cir. Apr. 1, 2022), the Eleventh Circuit held that “business development managers,” tasked with persuading corporate customers to purchase General Motors vehicles for their fleets, are not entitled to overtime compensation under the Fair Labor Standards Act (FLSA). The business development managers were employed...

Court Vacates Preliminary Injunction Enforcing Non-Disclosure Covenant Where Former Employer Did Not Allege Any Prior Violation and Did Not Establish a Legitimate Business Interest in Customer Relationships

In an appeal of a preliminary injunction, the Eleventh Circuit dismissed part of the appeal as moot while vacating the remaining provisions of the preliminary injunction. Vital Pharm., Inc. v. Alfieri, 2022 U.S. App. LEXIS 1771 (11th Cir. Jan. 20, 2022). Vital Pharmaceuticals, Inc. brought suit against four former employees and a competitor based on certain restrictive covenants in its...

Equipment Distributor Can’t Defeat Summary Judgment on Claims that Competitor Conspired with Manufacturer to Terminate Business with Distributor

The Eleventh Circuit affirmed summary judgment for a defendant facing claims under the Sherman Antitrust Act, concluding that the plaintiff’s evidence was “at least ‘as equally consistent with permissible competition as it is with an illegal conspiracy.’” The court’s decision in American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd., 2021 WL 822194 (11th Cir. Mar. 4....

Denial of Coverage for Antitrust Claim Under Executive Liability Insurance Policy Upheld

In Crowley Maritime Corp. v. National Union Fire Insurance Co. of Pittsburgh, 2019 WL 3294003 (11th Cir. July 23, 2019), the Eleventh Circuit affirmed a denial of insurance coverage under an executive and organization liability insurance policy.  Crowley Maritime Corporation (“Crowley”) carries freight between the United States and Puerto Rico, and purchased liability insurance from...

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