Eversheds Sutherland 11th Circuit Business Blog
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COURT GRANTS EN BANC REHEARING IN BODY SHOPS’ INSURANCE ANTITRUST ACTION

The Eleventh Circuit voted to accept en banc rehearing in Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., 870 F.3d 1262 (11th Cir. 2017), a decision we covered here last September. The now-vacated panel decision, authored by Judge Wilson, had reversed the dismissal of antitrust and state-law claims asserted by auto-body-shop owners against a number of...

Body Shops Can Proceed with Antitrust Claims Against Auto Insurers

A divided panel of the Eleventh Circuit has reversed the dismissal of antitrust and state law claims asserted by auto body shops against automobile insurers. Quality Auto Painting Ctr. of Roselle, Inc. v. State Farm Indem. Co., 2017 WL 3910750 (11th Cir. Sept. 7, 2017).  Senior Judge Lanier Anderson’s lengthy dissent and partial concurrence would have affirmed the dismissal of all of...

“Demonstrated Responsibility” under the Medicare Secondary Payer Act: A Contractual Obligation Suffices

In its second major Medicare Secondary Payer (“MSP”) Act decision in a month, the Eleventh Circuit held that an insurer’s contractual obligation, without a judgment or settlement, can provide the “demonstrated responsibility” necessary to allow a claim against the insurer for double damages under the Act. MSP Recovery, LLC v. Allstate Ins. Co., 2016 WL 4525222 (11th Cir. Aug. 30,...

Former Law Clerk Seeks New Opportunity

The Eleventh Circuit has an indirect connection with the current presidential race: Democratic vice presidential candidate Tim Kaine served as a law clerk to Senior Judge Lanier Anderson in 1983-84 in Macon.

The Turtles and Sirius XM Radio: Not So “Happy Together” as Eleventh Circuit Certifies Questions of Common Law Copyright to Supreme Court of Florida

In a June 29, 2016 opinion, the Eleventh Circuit examined the question of whether common law copyright under Florida law protects sound recordings fixed prior to February 15, 1972. The opinion in Flo & Eddie, Inc. v. Sirius XM Radio, Inc., 2016 WL 3546433 (11th Cir. June 29, 2016), written by Judge R. Lanier Anderson III, concluded that no Florida court decisions had yet addressed...