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Proskauer Rose LLP | USA | 13 Sep 2023
Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias
The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of…
McDermott Will & Emery | USA | 7 Sep 2023
Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees
The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party…
Wasel & Wasel Arbitrator Services Inc. | USA | 31 Aug 2023
The Eleventh Circuit, The Panama Canal and The Limitation of Grounds for Vacating a USD 250 Million Arbitral Award
In a ruling rendered on 18 August 2023, the United States Court of Appeals for the Eleventh Circuit unequivocally upheld a substantial arbitration…
Eversheds Sutherland (US) LLP | USA | 28 Aug 2023
Class Certification in Consumer-Fraud Case Depends on What Evidence—if Any—Is Required to Establish Reliance Under State Law
The Eleventh Circuit reversed and remanded class certification of most claims brought by a group of consumers who alleged their Ford Mustang Shelby…
Eversheds Sutherland (US) LLP | USA | 28 Aug 2023
Failure of Loss Causation Does Not Negate Standing in § 10(b) Securities Fraud Action
The Eleventh Circuit recently held that Article III standing is not negated by a failure to state a claim on loss causation grounds. Carpenters…
Baker Sterchi Cowden & Rice LLC | USA | 23 Aug 2023
Brokers Take the Lead - Seventh Circuit Joins the Eleventh Circuit in Finding Preemption for Brokers
On July 18, 2023, the Seventh Circuit Court of Appeals upheld a District Court’s granting of summary judgment finding that negligent hiring claims…
Ellis & Winters LLP | USA | 22 Aug 2023
Eleventh Circuit Decision Narrowing Certification of Ford Mustang Class Shows How Predominance and Superiority Can Defeat Consumer Fraud Class Actions
A recent decision from the Eleventh Circuit involving allegations of fraud in Ford’s marketing of Shelby Mustangs highlights how Rule 23(b)(3)’s…
Eversheds Sutherland (US) LLP | USA | 17 Aug 2023
Rule 41(a) May Only Dismiss an Entire Action, Not a Single Count
Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of ���an action” at the parties’ request. The Eleventh Circuit…
Shearman & Sterling LLP | USA | 16 Aug 2023
Eleventh Circuit Affirms Dismissal Of Putative Class Action Against Direct-To-Consumer Marketing Company For Failure To Adequately Allege Scienter Or Scheme Liability
On August 8, 2023, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a putative class action asserting claims…
Littler Mendelson PC | USA | 14 Aug 2023
Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under…
