Eversheds Sutherland 11th Circuit Business Blog
content top

HVAC Heater Case Won’t Be Heating Up: Dismissal Affirmed

The Eleventh Circuit’s decision on Monday in Warren Technology, Inc. v. UL LLC, 2020 WL 3406585 (11th Cir. June 22, 2020), turned on the basic question of whether the complaint’s allegation of a misrepresentation was a fact that needed to be accepted as true or could be ignored as a mere conclusory allegation. Defendant UL LLC is a nationally recognized testing laboratory that tests...

Eleventh Circuit Emphasizes Importance of Striking Shotgun Pleadings

In a consolidated appeal of two cases filed against banking institutions, the Eleventh Circuit expressed frustration over being “forced to review a judgment that should never have been entered.”  Estate of Bass v. Regions Bank, Inc., 2020 WL 284094 (11th Cir. Jan. 21, 2020).  Rather than striking the complaints as impermissible shotgun pleadings and allowing the plaintiff an...

Full Eleventh Circuit Dismisses Car Shop Antitrust Claims against Insurers

In Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., 2019 WL 1006973, on March 4, 2019, the Eleventh Circuit, sitting en banc, addressed the sufficiency of five complaints brought under the Sherman Act for price-fixing and group boycotting and state law claims for unjust enrichment, quantum meruit, and tortious interference. The plaintiff auto body shops...