Eversheds Sutherland 11th Circuit Business Blog
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Keep the Change: Eleventh Circuit Rejects Cab Companies’ Constitutional Challenge to Rideshare Ordinance

The Eleventh Circuit has affirmed the dismissal of taxi companies’ claims that a Miami-Dade County ordinance permitting rideshare services to participate in the for-hire transportation market constituted a taking of the cab companies’ property and/or a denial to them of equal protection.  Checker Cab Operators, Inc. v. Miami-Dade County, 2018 WL 3721227 (11th Cir. Aug. 6, 2018). Before...

London or New York? Beware Inconsistent Dispute Resolution Provisions

Internaves de Mexico s.a. de C.V. v. Andromeda Steamship Corp., 2018 WL 3636427 (11th Cir. Aug. 1, 2018), demonstrates the perils (and costs) of inconsistency in an agreement’s dispute resolution provisions.  Internaves and Andromeda were parties to a “charter party” agreement for the transportation of an electric transformer from Brazil to Mexico.  The agreement, completed using a...

Formality Needed to Secure Post-Dismissal Amendment Right

Last week, in Cita Trust Co. AG v. Fifth Third Bank, 2018 WL 416253 (11th Cir. Jan 16, 2018), the Eleventh Circuit affirmed the dismissal of a $400-million contract dispute over an unauthorized bond transfer, demonstrating that the court will strictly enforce both procedural rules and contracts negotiated by sophisticated entities. This dispute concerned a transfer of bonds. Cita, a...

“Gateway” Issue Delegation to an Arbitrator is Enforceable, Without Qualifications; Circuit Split Noted

The Eleventh Circuit enforced an employment-related arbitration agreement’s provision delegating to the arbitrator “gateway” questions of arbitrability in Jones v. Waffle House, Inc., 866 F3d 1257 (11th Cir. Aug. 7, 2017).  The opinion, written by Judge Marcus and joined by Judge Hull and Judge Clevenger visiting from the Federal Circuit, also rejects the notion, adopted by the Fifth,...

Dual Citizenship Does Not Create CAFA Jurisdiction

Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff class members are citizens of a single...

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