Section 3729(a)(1)(B) of the False Claims Act requires a plaintiff to allege with particularity the actual submission of a claim to the U.S. government. The Eleventh Circuit has now held that this requirement can be satisfied by alleging that the defendant’s external audit showed that at least some false claims were submitted, even where the…
Tag: Judge Robin Rosenbaum
“Toxic” Lender is Dealer Required to Register Under the Exchange Act
A so-called “toxic” lender was a “dealer” required to register under the Securities Exchange Act of 1934, and disgorgement was an appropriate remedy for his violations, but a divided panel held that a lifetime ban from engaging in penny-stock transactions was an abuse of the district court’s discretion. S.E.C. v. Almagarby, 2024 WL 618517 (11th…
Single Unwanted Text Enough For TCPA Standing
In an unusual showing of unanimity, the full Eleventh Circuit held that a single unwanted text is enough to confer Article III standing to assert a claim under the Telephone Consumer Protection Act. Drazen v. Pinto, 2023 WL 4699939 (July 24, 2023). The original panel opinion, vacated by the grant of rehearing en banc, arose…
Prior-Precedent Rule Dictates Result in Condemnation Action
In Sabal Trail Transmission, LLC v. 18.27 Acres of Land, 59 F.4th 1158 (11th Cir. 2023), the court applied its prior-precedent rule and held that state rather than federal law provides the measure of compensation to be paid to a landowner upon a private party’s exercise of federal eminent-domain power under the federal Natural Gas…
Florida Prohibition on Proof of COVID Vaccination Upheld by Divided Court
A Florida statute which prohibits all businesses operating in the state from requiring customers to provide documentary proof that they are vaccinated against COVID-19 does not violate the Free Speech and Commerce Clauses of the Constitution, a sharply divided Eleventh Circuit panel held in Norwegian Cruise Line Holdings Ltd. v. State Surgeon General, 2022 U.S….
Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
In Ruhlen v. Holiday Haven Homeowners, Inc., 2022 U.S. App. LEXIS 6184 (11th Cir. Mar. 9, 2022), a divided panel of the Eleventh Circuit held that the court lacked appellate jurisdiction to review a district court’s sua sponte remand to state court for lack of subject-matter jurisdiction. The underlying dispute concerned the presence or absence…
Dual Jobs and Dueling Opinions: Divided Panel Reverses Summary Judgment in Employer’s Favor in FLSA Case
A divided panel of the Eleventh Circuit reversed summary judgment for the employer on an employee’s Fair Labor Standards Act (“FLSA”) claims in Rafferty v. Denny’s, Inc., 13 F.4th 1166 (11th Cir. 2021). Lindsay Rafferty, who had been a Denny’s server, claimed that the restaurant violated the FLSA in paying her sub-minimum wage for time…
Third-Party Counterclaim Defendants’ Removal Bid Foiled
“Perhaps some might think removal is not the most riveting topic,” begins Judge Robin Rosenbaum’s opinion for the court in Bowling v. U.S. Bank National Association, 2020 WL 3424928 (11th Cir. June 23, 2020). (Not so with our readers, most of whom relish a good removal.) The removal issue in Bowling stemmed from the Supreme…
Eleventh Circuit Upholds Forum-Selection Clause
In DeRoy v. Carnival Corp., 2020 WL 3525536 (11th Cir. June 30, 2020), the Eleventh Circuit upheld a forum-selection clause requiring litigation of claims in federal court. Plaintiff-Appellee Carmela DeRoy sued Defendant-Appellant Carnival Corporation after she injured her foot on a rug while onboard the Carnival Valor. The contract DeRoy entered into when she booked…
Eleventh Circuit Weighs in on Circuit Split as to Whether Guarantors are “Applicants” under the Equal Credit Opportunity Act
The Eleventh Circuit in Regions Bank v. Legal Outsource PA, 2019 WL 4051703 (11th Cir. Aug. 28, 2019), was tasked with answering a question that has divided the circuits: whether a guarantor constitutes an “applicant” under the Equal Credit Opportunity Act. And the question divided the panel as well, with Judges William Pryor and visiting…