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Articles: 1-10 of 100

Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law

USA - June 15 2022 Recognizing that every federal and state appellate court has held that the presence of Covid-19 does not cause direct physical harm to a business’s…

Fair Debt Collection Laws May Apply to Mortgage Statements

USA - June 9 2022 Answering a question of first impression for the court, the Eleventh Circuit held in Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS…

Fair Debt Collection Laws May Apply to Mortgage Statements

USA - June 9 2022 Answering a question of first impression for the court, the Eleventh Circuit held in Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS…

All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19

USA - May 11 2022 The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law…

Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website

USA - April 26 2022 An ADA plaintiff sufficiently pleaded a concrete intangible injury, and thus had standing to sue, when she alleged that she was unable to access…

Federal Arbitration Act, Not Georgia Arbitration Code, Applied to Review of Arbitration Award

USA - April 25 2022 In Gulfstream Aerospace Corp. v. OCELTIP Aviation 1 PTY Ltd, 2022 U.S. App. LEXIS 10382 (11th Cir. Apr. 18, 2022), the Eleventh Circuit rejected an…

Plaintiff’s Coal Gasification Claims Go Up in Smoke, $13 Million Verdict on Defendant’s Counterclaim Remains

USA - April 25 2022 In MidAmerica C2L Inc. v. Siemens Energy Inc., 25 F.4th 1312 (11th Cir. Feb. 15, 2022), the Eleventh Circuit rejected an appeal from a $13.2 million…

Paradise Found: Consumer Not Damaged by Purchasing (and Consuming) Gin Containing Prohibited “Grains of Paradise”

USA - April 21 2022 The Eleventh Circuit again had the opportunity to interpret the scope of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), this time…

“Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship

USA - April 12 2022 An inartfully pleaded class definition coupled with a failure of proof was enough to prevent a class-action plaintiff from invoking the Class Action…

“Business Development Managers” Fall Under FLSA Administrative Exemption, Not Entitled to Overtime

USA - April 11 2022 In Brown v. Nexus Business Solutions, LLC, 2022 U.S. App. LEXIS 8777 (11th Cir. Apr. 1, 2022), the Eleventh Circuit held that “business development…