U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

FTC Credit Card Fraud Case Affirmed, and Tort Case

In Bradley v. Sebelius, No. 09-13765, plaintiffs' appeal from the Secretary of Health and Human Services' decision that it was entitled to a portion of a settlement of an underlying action against a Florida nursing home for neglect and abuse as a Medicare recoupment, the court reversed judgment for the Secretary where, under Florida law, all loss of consortium or companionship recoveries were the property of the person who incurred the loss, and a claim for medical expenses belongs only to the estate.

In FTC v. Peoples Cred. First, LLC, No. 06-13254, an action by the FTC alleging that defendants operated an advance-fee credit card scam, the court affirmed summary judgment for the FTC where a court, at the request of a judgment-creditor, may order a judgment-debtor to surrender all "right, title, and interest" in the debtor's single-member limited liability company, even though that LLC is no party to the garnishment action.

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