Eleventh Circuit


July 7, 2014 10:47 AM | Posted by Steven Blickensderfer | Permalink
The Eleventh Circuit has affirmed the dismissal of a putative class action brought under the FDCPA, 15 USC § 1692, against a law firm for sending a letter to a homeowner in default. Specifically, the letter did the following: read more
June 11, 2014 9:37 AM | Posted by David Luck | Permalink
On June 5, 2014, the Eleventh Circuit decided in favor of Fifth Third Bank on its appeal of a district court order remanding a putative class action to Florida state court. read more
July 2, 2013 11:05 AM | Posted by Morande, Dean | Permalink

The plaintiffs—cruise passengers on the ill-fated Costa Concordia—filed two separate lawsuits, neither of which contained more than 100 plaintiffs.  Carnival removed those two actions to federal district court under the Class Action Fairness Act, arguing that the actions combined satisfy the jurisdictional requirement.  Both the district court and the Eleventh Circuit disagreed.  Scimone v. Carnival Corp., No. 13-12291 (11th Cir. July 1, 2013).  

The Eleventh Circuit had to address, in an issue of first impression, whether separate lawsuits are subject to removal as mass actions if the lawsuits in the aggregate contain 100 or more plaintiffs whose claims revolve around common questions of law or fact.  In joining the Third, Seventh, and Ninth Circuits, the Eleventh Circuit held that, under the plain language of CAFA, the district court lacked subject-matter jurisdiction over the plaintiffs’ two separate actions unless they “are proposed to be tried jointly.”  This proposal must come from the plaintiffs themselves, or potentially the state court sua sponte (the Court left this issue open).    

read more
October 16, 2012 5:27 PM | Posted by Morande, Dean | Permalink
What happens if a district court provides five alternative bases to deny class certification, and the appellant fails to refute one of those bases in its initial brief to the Eleventh Circuit? read more
October 16, 2012 5:25 PM | Posted by Morande, Dean | Permalink
In Ault v. Walt Disney World Co., 692 F.3d 1212 (11th Cir. 2012), a class settlement was reached in a suit alleging that Disney’s policy banning the use of two-wheeled vehicles violated Title III. The settlement involved Disney’s agreement to implement a four-wheeled stand-up mobility vehicle. Objectors to the settlement asserted that the settlement should have been rejected, both because the class representatives lacked typicality and because the class settlement was not fair. Both the district court and the Eleventh Circuit disagreed. read more
August 27, 2012 3:20 PM | Posted by Morande, Dean | Permalink
The Eleventh Circuit in Pendergast v. Sprint, No. 09-10612 (11th Cir. Aug. 20, 2012), upheld Sprint’s class action waiver without resorting to an analysis of whether the waiver is unconscionable under Florida law or if it frustrates the remedial purposes of the Florida Deceptive and Unfair Trade Practices Act. This was so because, according to the Court, “to the extent Florida law would invalidate the class action waiver, it would still be preempted by the FAA” [Federal Arbitration Act]. read more
July 30, 2012 1:31 PM | Posted by Kirkwood, Allison | Permalink
More than two years ago, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010).  In light of the United States Supreme Court's ruling in Concepcion, the Florida Supreme Court declined jurisdiction. read more
April 12, 2012 9:17 AM | Posted by Morande, Dean | Permalink
In DWFII Corp. v. State Farm Mutual Auto. Ins. Co., No. 11-10162 (11th Cir. Mar. 27, 2012) (unpublished), the Eleventh Circuit upheld the district court’s denial of certification to a purported class of medical providers challenging State Farm’s use of National Correct Coding Initiative edits to determine reimbursement for Personal Injury Protection claims under Florida’s no fault insurance statute. read more
January 27, 2012 8:38 AM | Posted by Morande, Dean | Permalink
In Coastal Neurology, Inc. v. State Farm Automobile Insurance Company, No. 10-15837 (11th Cir. Jan. 25, 2012) (unpublished), the Eleventh Circuit affirmed the district court’s order denying class certification. In doing so, the court made clear once again that, although a district court may not resolve the merits of a case in ruling on a Rule 23 motion, an inquiry into the merits may be necessary to determine whether Rule 23 has been met.

Note: Carlton Fields represented State Farm in this litigation. read more
January 10, 2012 2:37 PM | Posted by Wiley, Jim | Permalink
Friday, in D.R. Horton Inc. v. Michael Cuda, the NLRB issued a ruling that class action waivers of workplace claims can amount to an unfair labor practice under the National Labor Relations Act—that is, such waivers are unlawful. read more
December 28, 2011 11:16 PM | Posted by Weiss, Aaron | Permalink
Judge King Issues MDL order on Waiver of Arbitration.
read more