Eversheds Sutherland 11th Circuit Business Blog
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SCOTUS Business Cases This Term (Part 2 – Arbitration)

The Court has several arbitration-related cases before it this term.  Lamps Plus, Inc. v. Varela concerns whether the FAA permits a state-law interpretation of an arbitration agreement that finds a contractual basis for class arbitration without class arbitration’s being specifically mentioned.  New Prime, Inc. v. Oliveira involves the FAA’s exception for “contracts...

SCOTUS Business Cases This Term (Part 1 – Class Actions)

The Supreme Court’s October term is underway, and the Court has before it several class-action cases.  Frank v. Gaos concerns the permissibility of cy pres relief in class action settlements; Home Depot v. Jackson the ability of a defendant in the original action to remove the action under CAFA; and Nutraceutical Corp. v. Lambert the availability of equitable exceptions to the...

Supreme Court to hear Eleventh Circuit Tennessee Valley Authority Case

The Supreme Court granted certiorari over the Eleventh Circuit’s holding that the Tennessee Valley Authority enjoyed governmental immunity in a personal injury suit.  Thacker v. Tenn. Valley Auth., 2018 WL 1091117 (U.S. Sept. 27, 2018).  The Eleventh Circuit held that the TVA was immune from suit because it was engaged in a discretionary government function – a test borrowed from...

Supreme Court Grants Certiorari on Copyright Issue

The Supreme Court this morning granted certiorari on a circuit split involving the Eleventh Circuit.  The Eleventh Circuit (along with the Eighth) has previously held that the fee provisions of the Copyright Act, which allow recovery of the “full costs” of attendance, do not displace general statutes that limit awards to taxable costs.  Artisan Contractors Ass’n of America, Inc. v....

Supreme Court Scorecard: Looking Back at the 2016 Term and Forward to October

After a tough record in 2015, the Eleventh Circuit batted .400 last term at the U.S. Supreme Court. In the Court’s five merits decisions on appeal from the Eleventh Circuit, two judgments were affirmed, two were reversed, and one was vacated. The two affirmances were both in criminal cases with majority opinions by Justice Thomas. In Beckles v. United States, 137 S. Ct. 886 (Mar. 6,...

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