December 2014 RSS feed for this section

Eleventh Circuit Holds Employer Lacks Standing to Enjoin Treasury Department from Postponing the “Employer Mandate” of the Patient Protection and Affordable Care Act

In Kawa Orthodontics, LLP v. Sec’y, U.S. Dep’t of the Treasury, No. 14-10296 (Dec. 2, 2014) the Eleventh Circuit upheld the dismissal of a challenge to the Treasury Department’s delayed enforcement of the “employer mandate” under the Patient Protection and Affordable Care Act (ACA). From early 2013 through mid June of the same year, Plaintiff-Appellant, […]

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Eleventh Circuit Finds Florida’s Mandated Temporary Assistance for Needy Families’ (“TANF”) Suspicionless Drug-Testing Requirement a Violation of Fourth Amendment

In Lebron v. Sec’y of Fla. Dep’t of Children and Families, No. 14-10322 (December 3, 2014), the Eleventh Circuit held that Florida’s required suspicionless drug-testing for those seeking Temporary Assistance for Needy Families benefits was unconstitutional as a violation of the Fourth Amendment protection against unreasonable searches because the State failed to meet its burden […]

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But Whose Shoes? Revisiting the Parol Evidence Rule for Insurance Contracts in Georgia

In St. Paul Mercury Ins. Co. v. FDIC, No. 13-14228 (Dec. 17, 2014), the Eleventh Circuit revisited and clarified Georgia law regarding insurance contract provisions. After being appointed as receiver for the failed Community Bank & Trust (“CB&T”), the FDIC instituted an action against former bank officers alleging gross negligence and breaches of fiduciary duty […]

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Eleventh Circuit Holds That Plaintiffs’ Rejection of Rule 68 Offers Does Not Moot Their Claims

In Stein v. Buccaneers LP, No. 13-15417 (Dec. 1, 2014), the Eleventh Circuit held that a defendant may not moot a class action by offering the named plaintiffs complete relief before those plaintiffs have moved to certify the class. First, an individual plaintiff’s claim is not mooted by an unaccepted offer of complete relief. Second, […]

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