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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,...

Supreme Court to Decide Circuit Split on Statute of Limitations for SEC Disgorgement Claims

This past Friday, the Supreme Court granted certiorari in Kokesh v. SEC, No. 16-529 (cert. granted Jan. 13, 2017), to review a circuit split on whether the SEC’s claims for disgorgement are limited to a five-year statute of limitations.  28 U.S.C. § 2462 places a five-year statute of limitations on any “action, suit or proceeding for the enforcement of any civil fine, penalty, or...

Supreme Court to Decide Interplay Between Bankruptcy Code and FDCPA

This past Tuesday, the Supreme Court granted certiorari in Midland Funding, LLC v. Johnson, No. 16-348 (cert. granted Oct. 11, 2016), to review the Eleventh Circuit’s holding that filing a stale proof of claim in a consumer bankruptcy violates the Fair Debt Collection Practices Act. For more details on the Eleventh Circuit’s opinion, 823 F.3d 1334 (11th Cir. 2016), see our previous...

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