Eversheds Sutherland 11th Circuit Business Blog
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Late-Stage Remand of State-Law Claims After Dismissal of Federal Claims Affirmed

Marida Silas brought state and federal claims, on behalf of her late husband, against the Sheriff of Broward County. The defendant removed the case to federal court, which dismissed the federal claims and set the remaining state-law claims for trial. Days before trial, the defendant moved to dismiss the remaining claims on the ground that the plaintiff had not been appointed as the...

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. App. LEXIS 27997 (11th...

Antitrust Claim Rejected: Parent Company Cannot “Conspire” with Majority-Owned and Controlled Subsidiary

A private-equity firm and its majority-owned subsidiary preserved a defense summary judgment on antitrust conspiracy and monopolization claims in OJ Commerce, LLC v. KidKraft, Inc., 34 F.4th 1232 (11th Cir. May 24, 2022). Building on the Supreme Court’s holding that a parent company cannot engage in unlawful “concerted activity” with a wholly owned subsidiary, Copperweld Corp. v....

Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim

The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022).  The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a claim under the Fair Debt Collection Practices...

Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim

The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens.  City of Miami Gardens v. Wells Fargo & Co., 2020 WL 1983892 (11th Cir. Apr. 27, 2020). The city claimed it had standing to...

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