Topic
Every decision we've filed under Securities.
The Eleventh Circuit affirmed summary judgment against Corpay, Inc. for deceptive advertising and unfair billing practices under the FTC Act. However, the court reversed the judgment against CEO Ronald Clarke on one count, ruling that the FTC failed to prove he had knowledge of the specific 'Fuel Only' advertising claims.
The Eleventh Circuit affirmed the denial of a motion to compel arbitration in an ERISA case involving a terminated employee stock ownership plan. The court held that the plan's arbitration provision was unenforceable because it prohibited plaintiffs from seeking plan-wide relief, thereby prospectively waiving substantive statutory rights under ERISA.
The Eleventh Circuit affirmed the dismissal of an air ambulance provider's attempt to vacate an Independent Dispute Resolution award under the No Surprises Act. The court held that judicial review is strictly limited to the narrow grounds of the Federal Arbitration Act and that the provider failed to plead sufficient facts of fraud or undue means.
The Eleventh Circuit affirmed the dismissal of Al Rushaid's claims against Siemens Energy, ruling that Siemens was not a stranger to the business relationship under Florida law. The court further held that the complaint failed to meet pleading standards for unfair competition and unjust enrichment.
The Eleventh Circuit affirmed the dismissal of a First Amendment challenge to a city's sign regulations, ruling that the plaintiffs lacked Article III standing. The court held that the plaintiffs could not trace their injury to the specific provisions they challenged because the city denied their applications under an unchallenged billboard prohibition.
The Ninth Circuit reversed the district court's dismissal of a criminal charge, holding that the Federal Land Policy and Management Act provides a sufficient intelligible principle to validate the Secretary of the Interior's regulatory authority. The court clarified that statutory mandates for sustainable land management constrain executive discretion enough to satisfy Article I's non-delegation doctrine.
The Second Circuit affirmed the dismissal of a suit against Egypt's Finance Minister, holding that Egypt is the real party in interest and entitled to sovereign immunity under the Foreign Sovereign Immunities Act. The court further ruled that the district court properly exercised its discretion to enlarge the time for removal and that the plaintiff waived arguments regarding FSIA exceptions.
The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that runs from the defendant's last culpable act. Because the plaintiffs' allegations of trafficking predated their complaints by more than two years and the presidential suspensions of the right to sue did not toll the repose period, the claims were time-barred.
The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing are permanently barred, and remaining timely allegations failed to plausibly allege trafficking.
The Second Circuit affirmed the dismissal of Helms-Burton Act claims, holding that the statute's two-year time bar is a statute of repose that cannot be tolled by presidential suspensions. Consequently, claims based on conduct occurring more than two years before filing were barred, and remaining allegations failed to plausibly allege trafficking.