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Eleventh Circuit Finds Error in District Court’s Refusal to Order an Accounting

In Zaki Kulaibee Establishment v. McFlicker, No. 11-15207 (Nov. 18, 2014), the Eleventh Circuit held that the district court abused its discretion when it denied Zaki Kulaibee Establishment’s (“Zaki”) request for an accounting. Zaki, a Saudi Arabian company, sold military aircraft parts to Airspares Network, Inc. (“ANI”) pursuant to a Consignment Services Agreement (“CSA”) executed […]

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Eleventh Circuit Holds Engineering Firm’s Insurer Not Obligated to Defend Shipbuilder

In Atlantic Marine Florida, LLC v. Evanston Ins. Co., No. 13-11342 (Dec. 24, 2014), the issue was whether insurance covering Guido Perla & Associates (GPA) as the named insured, also covered Atlantic Marine Inc. (AMI) by reason of agreement between the two companies.  Specifically, whether Evanston Insurance should have provided a defense for AMI and […]

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Eleventh Circuit Finds Failure to Give Clear and Conspicuous Notice of Right to Rescind a Loan to be Material Violation of Truth in Lending Act (TILA)

In Harris v. Schonbrun, No. 13-15505 (Dec. 10, 2014), the Eleventh Circuit decided two questions: “(1) whether a lender can satisfy a statutory obligation to give a borrower clear and conspicuous notice of a right to rescind a loan . . . when the lender instructs the borrower to sign simultaneously both the loan and […]

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Pay Attention in Class—Eleventh Circuit Rejects Law Student’s Unilateral Contract Claim

In Kolodziej v. Mason, No. 14-10644 (11th Cir. Dec. 18, 2014), the Eleventh Circuit held that summary judgment was properly granted to defendant Mason and his law firm in a case involving a unilateral contract claim. The plaintiff could not show that a reasonable, objective person would deem the defendant’s “Million Dollar Challenge” an offer […]

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Eleventh Circuit Protects the Sale of a Litigation Interest from High Rates of Taxation

In Long v. Commissioner of IRS, No. 14-10288 (Nov. 20, 2014), the Eleventh Circuit held that a party’s sale of their position in a lawsuit constitutes a “capital asset”, thus may be taxed as a capital gain, instead of ordinary income.  The court also held that an agreement selling an interest in a joint venture […]

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Eleventh Circuit Holds Standing Exists and Claim for Injunctive and Declaratory Relief from Garnishment of Exempt Funds Not Moot Despite Reimbursement

In Strickland v. Alexander, No.  13-15483 (Nov. 20, 2014), the Eleventh Circuit addressed whether a judgment debtor could maintain a suit for injunctive and declaratory relief for the wrongful garnishment of exempt worker’s compensation funds despite the dismissal of the garnishment proceeding and reimbursement of exempted funds.  The Court held that the plaintiff debtor had […]

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Eleventh Circuit Rules Commission for U.S. Marshals at Public Sale Is Percentage of Amount Received at Sale

The issue presented in Redus Florida Commercial v. College Station Retail Center, No. 13-10418 (Dec. 19, 2014) is what does the United States Marshal Service (“USMS”) collect when it auctions property at a public judicial sale and the winning bid is an arguably nominal bid made by a judgment creditor. Redus Florida Commercial, LLC (“Redus”) […]

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Eleventh Circuit Finds Jurisdiction Over Statutory-eligibility for Adjustment of Status Under the Cuban Adjustment Act of 1996

In Perez v. U.S. Bureau of Citizenship & Immigration Servs., 774 F.3d 960 (Dec. 19, 2014) (per curiam), the Eleventh Circuit ruled that adjustment of status under the Cuban Adjustment Act was reviewable under the Administrative Procedure Act (“APA”). Perez first entered the United States in 2004 and was denied lawful status. He was denied […]

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Eleventh Circuit Determines Motion for a Sentence Reduction is Properly Denied When a Prisoner Offers No Justification to Depart From a Previously Affirmed Finding

In United States v. Anderson, No. 13-12945 (Nov. 19, 2014), the Eleventh Circuit considered the denial of Anderson’s second motion for a sentence reduction based on Amendment 750 of the United States Sentencing Guidelines and identified three issues on appeal: (1) whether the district court had jurisdiction to consider Anderson’s renewed 18 U.S.C. § 3583(c)(2) […]

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Eleventh Circuit Finds Error in District Court’s Refusal to Order an Accounting

In Zaki Kulaibee Establishment v. McFlicker, No. 11-15207 (Nov. 18, 2014), the Eleventh Circuit held that the district court abused its discretion when it denied Zaki Kulaibee Establishment’s (“Zaki”) request for an accounting. Zaki, a Saudi Arabian company, sold military aircraft parts to Airspares Network, Inc. (“ANI”) pursuant to a Consignment Services Agreement (“CSA”) executed […]

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