FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Posted on Feb 15, 2023 in Consumer Protection | Comments Off on FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Even after the Supreme Court limited the power of the Federal Trade Commission to receive monetary relief under § 13(b) of the Federal Trade Commission Act, the FTC still has authority under § 19(b) of the FTC Act to freeze assets and impose a receivership, the Eleventh Circuit ruled in FTC v. Simple Health Plans LLC, 2023 U.S. App. LEXIS 2192 (11th Cir. Jan. 27, 2023). The FTC brought...
Late-Stage Remand of State-Law Claims After Dismissal of Federal Claims Affirmed
Posted on Jan 3, 2023 in Jurisdiction, Uncategorized | Comments Off on 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
Posted on Oct 20, 2022 in Constitutional Law, Uncategorized | Comments Off on 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
Posted on Oct 6, 2022 in Antitrust | Comments Off on 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
Posted on Sep 17, 2022 in Jurisdiction | Comments Off on 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...