by Dan Bushell | Jun 23, 2014 | U.S. Supreme Court
The U.S. Supreme Court may not be willing to go as far some had hoped in overruling its precedents. That is the message from the Supreme Court’s June 23, 2014 decision in Halliburton Co. v. Erica P. John Fund, Inc. Adherence to precedent won the day in...
by Dan Bushell | Jun 5, 2014 | Eleventh Circuit Court of Appeals, General Civil Litigation
With the collapse of multiple large scale Ponzi schemes in recent years, Federal courts in Florida and elsewhere have been wrestling with so-called “clawback” suits. The way Ponzi schemes work is that the schemers induce investors to give them money that...
by Dan Bushell | May 9, 2014 | Eleventh Circuit Court of Appeals, General Civil Litigation
U.S. federal courts are characteristically wary of overstepping their bounds when adjudicating cases involving foreign governments or issues and events occuring in foreign countries. That can pose a challenge for U.S. companies engaged in international business,...
by Dan Bushell | Mar 25, 2014 | General Civil Litigation
(UPDATED) Courts’ power to do justice in civil cases depends on their ability to enforce their judgments, i.e., to compel parties to pay up when they are found liable. But courts are also wary of extending their power outside of their own territory, and thus...
by Dan Bushell | Mar 13, 2014 | Tort/Injury Litigation
Florida’s Third District Court of Appeal (in Miami) recently reaffirmed that making a mistake in one’s bankruptcy filings is not necessarily fatal. The decision reversing summary judgment in Montes v. Mastec North America, Inc., No. 3D12-2622, was released...