§Why CasetextPricing

Federal Deposit Insurance Corporation, as Receiver for Colonial Bank v. The Colonial BancGroup, Inc.

BRIEF/MEMORANDUM in Opposition re Joint MOTION to Strike 30 Reply Brief

24 Cited authorities

  1. Access Now, Inc. v. Southwest Airlines Co.

    385 F.3d 1324 (11th Cir. 2004)   Cited 1,329 times   3 Legal Analyses
    Holding that arguments that were not raised at the district court in the first instance cannot be raised on appeal

  2. Hormel v. Helvering

    312 U.S. 552 (1941)   Cited 961 times   1 Legal Analyses
    Holding an exception to the waiver rule exists in "those in which there have been judicial interpretations of existing law after decision below and pending appeal—interpretations which if applied might have materially altered the result"

  3. Nat'l Ass'n of Bd. v. Bd. of Regents

    633 F.3d 1297 (11th Cir. 2011)   Cited 118 times   2 Legal Analyses
    Holding that policy was not unambiguously terminated, in part because its cessation was not announced until a hearing for a preliminary injunction

  4. Roofing & Sheet Metal Servs., Inc. v. La Quinta Motor Inns, Inc.

    689 F.2d 982 (11th Cir. 1982)   Cited 262 times   1 Legal Analyses
    Holding that mandamus may issue to correct a district court's abuse of discretion in denying transfer under section 1404

  5. Beckwith v. City of Daytona Beach Shores

    58 F.3d 1554 (11th Cir. 1995)   Cited 178 times
    Holding on this basis that McKinney did not prevent First Amendment retaliatory discharge claims

  6. In re Sorolik

    635 F.3d 261 (7th Cir. 2011)   Cited 84 times
    Finding that a district court appropriately applied waiver to a claim the plaintiff failed to raise before the bankruptcy court

  7. Allstate Ins. Co. v. Swann

    27 F.3d 1539 (11th Cir. 1994)   Cited 93 times
    Holding that Fed. R. Evid. 1002 did not prohibit a witness from testifying from personal knowledge about the contents of an insurer's underwriting guidelines

  8. Irving v. Mazda Motor Corp.

    136 F.3d 764 (11th Cir. 1998)   Cited 82 times   2 Legal Analyses
    Holding such a claim preempted

  9. Wright v. Hanna Steel Corp.

    270 F.3d 1336 (11th Cir. 2001)   Cited 71 times
    Holding that we generally will not consider forfeited issues raised for the first time on appeal in civil cases

  10. Owner-Operator Indep. v. Landstar System

    622 F.3d 1307 (11th Cir. 2010)   Cited 52 times
    Holding that “[t]here is no reason for this Court to rewrite a statute because of an alleged scrivener error unless a literal interpretation would lead to an absurd result.”

  11. Rule 28 - Briefs

    Fed. R. App. P. 28   Cited 6,510 times   37 Legal Analyses
    Listing requirements of appellant's brief

  12. Section 553 - Setoff

    11 U.S.C. § 553   Cited 1,592 times   11 Legal Analyses
    Granting creditors power to exercise setoff rights in certain circumstances

  13. Rule 8009 - Record on Appeal; Sealed Documents

    Fed. R. Bankr. P. 8009   Cited 805 times
    Directing an appellant to file with the clerk and serve on the appellee a statement of the issues to be presented for appeal