Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
Posted on May 5, 2020 in Jurisdiction | Comments Off on 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...
Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
Posted on Apr 11, 2020 in Jurisdiction | Comments Off on Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
In Thakkar v. Bay Point Capital Partners, LP (In re Bay Circle Properties, LLC), 2020 WL 1696303 (11th Cir. Apr. 8, 2020), the Eleventh Circuit dismissed an appeal because the only appellant remaining after a settlement lacked Article III standing (and in any event failed to meet the “person aggrieved doctrine” standard for appealing a bankruptcy court order). The case originally...
Eleventh Circuit Emphasizes Importance of Striking Shotgun Pleadings
Posted on Jan 28, 2020 in Civil Procedure | Comments Off on 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...
Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
Posted on Dec 19, 2019 in Insurance | Comments Off on Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
An automobile insurer’s “Lessor Liability Endorsement” is not illusory, notwithstanding the fact that federal law bars claims of vicarious liability against vehicle lessors, because the endorsement imposes upon the insurer a duty to defend lessors against vicarious liability claims. Hallums v. Infinity Ins. Co., 2019 WL 6872507 (11th Cir. Dec. 17, 2019). The plaintiffs entered into...
Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Posted on Nov 25, 2019 in Class Actions | Comments Off on Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Courts coping with overbroad class definitions that include uninjured class members have produced a cacophony of opinions. A first question often addressed in these opinions is whether the problem is one of Article III standing or of meeting Rule 23’s class certification requirements, or both. Senior Judge Stanley Marcus’ opinion for the Eleventh Circuit in Cordoba v. DirecTV, LLC,...