February 2014 RSS feed for this section

Eleventh Circuit Denies Plaintiff’s Second Motion to Amend Complaint Against School Board

In M.G. v. St. Lucie County School Board, No. 13-13130 (Feb. 4, 2014), the Eleventh Circuit decided whether the District Court for the Southern District of Florida abused its discretion in dismissing the Plaintiff’s motion for partial reconsideration, barring her from amending her complaint for a second time. The district court dismissed Plaintiff’s original complaint […]

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Eleventh Circuit Denies Summary Judgment As To Validity of a Wavier of Health Care Services Form Signed by Incarcerated Individual Denied Access to Medical Services

In Kuhne v. Florida Dept. of Corrections, No. 12-13387 (Feb. 10, 2014), the Eleventh Circuit addressed the validity of a refusal of medical care form signed by an incarcerated individual in the context of that individual’s Eight Amendment claim under 42 U.S.C. § 1983. Kuhne, a 40 year-old male, was incarcerated by the Florida Department […]

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ERISA Fiduciary Duty Statute of Limitations Begins to Run When Low Performance Stocks Are Added Initially to a 401K Plan, Not When the Company Fails to Remove the Stocks

In Fuller/Pruitt v. SunTrust Banks, No. 12-16217 (Feb. 26, 2014), the Eleventh Circuit considered when the statute of limitations begins to run on claims of breach of fiduciary duty made under the Employment Retirement Income Security Act (“ERISA”) found at 29 U.S.C. § 1004.  Such claims are time-barred “after the earlier of (1) six years […]

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Dasher v. RBC Bank: A Twist On Concepcion—And A Lesson To Contract Drafters

In Dasher v. RBC Bank (USA), No. 13-10257 (Feb. 10, 2014), the Eleventh Circuit affirmed the district court’s denial of RBC’s motion to compel arbitration, holding that an entirely superseding agreement renders a prior agreement’s arbitration clause ineffective, even if the superseding agreement is silent on arbitration. Dasher arose on a motion to compel arbitration, […]

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Rejecting Pre-Execution Request for Appointment of Counsel in Federal Habeas Case, Eleventh Circuit Emphasizes Narrow Construction of Martinez v. Ryan

In Chavez v. Florida Department of Correction, No. 14-10561 (Feb. 10, 2014), the Eleventh Circuit addressed the appeal of a Florida inmate, Juan Chavez, of a district court’s denial of a request for appointment of counsel. Chavez also sought to stay his execution, scheduled by the Florida Governor for February 12, pending the outcome of […]

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Eleventh Circuit Lifts Preliminary Injunction Prohibiting Enforcement of Alabama Political Contribution Law

In Alabama Education Association v. State Superintendent of Education, No.11-11267 (Feb. 5, 2014), the Eleventh Circuit reversed the grant of a preliminary injunction preventing the enforcement of Alabama Code Section § 17-17-5, which prevents public employees “by salary deduction, or otherwise” from making payments to political action committees or other organizations that use dues for […]

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Eleventh Circuit Determines Georgia Prompt Pay Law Preempted by ERISA When Applied to Self-Insured Health Insurance Plans

In America’s Health Insurance Plans v. Hudgens, 742 F.3d 1319, No. 13-10349 (Feb. 14, 2014), the Eleventh Circuit decided whether an amended Georgia statute, O.C.G.A. § 33-24-59.5, applying prompt pay requirements to third-party administrators of employer self-insured health plans is preempted by ERISA. The Eleventh Circuit affirmed the preliminary injunction granted to AHIP preventing enforcement […]

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