Miami, FL | August 30, 2022 – The attorneys at Stumphauzer Kolaya Nadler & Sloman received three favorable rulings from the United States Court of Appeals for the Eleventh Circuit over the last few weeks. From claims arising from Instagram giveaways to unique jurisdictional questions involving receiverships, the firm is happy to have been able to achieve these positive results for our clients:
- Appeal dismissed. In SEC v. Par Funding, the Eleventh Circuit decided that a district court order expanding the scope of a previously created receivership was not directly appealable. In an interesting opinion, the court analyzed the scope of 28 U.S.C. § 1292 in detail, as well whether the order could be construed as an All Writs Act injunction. Ultimately, after conducting oral argument, the Court determined that an order expanding the scope of a receivership cannot be recast as either an order appointing a receiver or an order granting (or modifying) an injunction.
- Appeal dismissed. In Cole v. Stumphauzer, the Eleventh Circuit held that an interlocutory order directing a defendant to produce certain documents over his objection that the production would allegedly violate his Fifth Amendment privilege against self-incrimination is not immediately appealable. The Eleventh Circuit analyzed various potential avenues for jurisdiction, including the collateral order doctrine, doctrine of marginal finality, and section 1292(a)(2) in finding that the order was ultimately “an interlocutory order compelling discovery, which is not appealable.”
- Affirmed. In Colceriu v. Barbary, the Eleventh Circuit affirmed the dismissal of an amended complaint alleging that the defendants unlawfully profited from assisting Instagram “micro-influencers” to amass followers using a “giveaway,” which plaintiff registered for free of cost and did not win. The Eleventh Circuit held that plaintiff lacked standing to bring a putative class action against defendants for, among other things, operating an allegedly illegal Instagram giveaway, because “her ‘wasted time,’ inability to ‘appreciate the danger’ of the giveaway, and ‘invasion of [her] privacy’ are not traceable” to defendants.
You can read more about these interesting issues at the links included in the summaries above.
About Stumphauzer Kolaya Nadler & Sloman , PLLC
Stumphauzer Kolaya Nadler & Sloman, PLLC is a boutique full-service litigation firm based in Miami, Florida, that focuses on civil litigation, government regulatory enforcement matters, white collar criminal litigation, internal investigations, and whistleblower suits. Our lawyers litigate large, high-stakes or bet-the-company cases, but its attorneys take immense pride in their ability to efficiently handle disputes of all sizes. The firm is comprised of former BigLaw partners and high-ranking federal prosecutors. Colleagues, clients, and legal observers recognize the our lawyers as experts and leaders in their respective fields of practice. The firm and its lawyers have been recognized in Chambers & Partners, The Legal 500 United States, The Best Lawyers in America, Florida Super Lawyers, Florida’s Legal Elite, and U.S. News – Best Lawyers. For more information, visit http://sknlaw.com.
