News & Analysis as of

Damages Jurisdiction Appellate Courts

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

White and Williams LLP

Oklahoma Limits Claims for Construction Cases

White and Williams LLP on

Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

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U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

Hogan Lovells

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

Hogan Lovells on

The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Clarifies Jurisdiction Rules for Mixed Action Lawsuits

In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to “mixed actions”—lawsuits that combine requests for both coercive relief (like...more

Frost Brown Todd

You Need Appellate Counsel Sooner Than You Think: Why Hire Appellate Counsel Before Trial vs. After Verdict

Frost Brown Todd on

For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 4-8, 2024

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U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

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U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

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Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Holland & Knight LLP

Guidelines for Seeking Damages in Dispossessory Actions in Georgia Magistrate Court

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Knowing the requirements and limitations of Georgia magistrate courts is important to understanding when litigating in multiple courts – i.e., claims and counterclaims being severed and partially transferred to state court –...more

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