Ponzi Scheme Victims Prevail over SEC Receiver on Due Process Grounds
Posted on May 3, 2019 in Jurisdiction | Comments Off on Ponzi Scheme Victims Prevail over SEC Receiver on Due Process Grounds
In SEC v. Torchia, 2019 WL 1911823 (11th Cir. Apr. 30, 2019), the Eleventh Circuit held in favor of investors victimized by a Ponzi scheme, concluding that the investors were permitted to appeal the district court’s interlocutory orders regarding receivership proceedings and that they had been denied a meaningful day in court. The appeal arose from the SEC’s case against James Torchia...
Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA
Posted on Jun 21, 2018 in Civil Procedure | Comments Off on Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA
Can a remediation plan designed to settle one lawsuit moot claims for similar injunctive relief in another case? Maybe in some contexts, but the Eleventh Circuit rejected that argument on the facts presented in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. June 19, 2018), an ADA dispute over website accessibility for the blind. Haynes had sued for declaratory and...