Tracking Business Cases in the Eleventh Circuit
Articles: 1-10 of 151
Court Rejects Former Employee’s Challenge to “Loser-Pays” Arbitration Provision
USA - September 5 2023 When Isaac Payne took a job at the Savannah College of Art and Design (“SCAD”), he signed an acknowledgement agreeing to comply with the school’s…
Insurers’ Reservation of Rights Letter Did Not Create Right to Reimbursement
USA - August 31 2023 Winder Laboratories and Steven Pressman were insured by Continental Casualty Company and Valley Forge Insurance Company when Winder and Pressman were…
Individualized Issues May Predominate Standing Inquiry in Data-Breach Class Action
USA - August 30 2023 As data-breach class actions have become increasingly frequent in recent years, courts continue to grapple with whether, and to what extent, these…
No Special Tolling for Plaintiff Who Brings an Untimely FLSA Action After Previous Timely Action Is Dismissed
USA - August 30 2023 The Fair Labor Standards Act’s statute of limitations is not tolled when a plaintiff files an FLSA action that is later dismissed and then files a…
Class Certification in Consumer-Fraud Case Depends on What Evidence—if Any—Is Required to Establish Reliance Under State Law
USA - August 28 2023 The Eleventh Circuit reversed and remanded class certification of most claims brought by a group of consumers who alleged their Ford Mustang Shelby…
Failure of Loss Causation Does Not Negate Standing in § 10(b) Securities Fraud Action
USA - August 28 2023 The Eleventh Circuit recently held that Article III standing is not negated by a failure to state a claim on loss causation grounds. Carpenters…
Rule 41(a) May Only Dismiss an Entire Action, Not a Single Count
USA - August 17 2023 Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of “an action” at the parties’ request. The Eleventh Circuit…
Plaintiff Has Standing to Assert Agency-Based TILA Claim Against Home-Improvement Financing Company
USA - August 17 2023 A plaintiff had Article III standing to bring a Truth in Lending Act (“TILA”) claim against a home improvement financer, based on a theory that a…
Single unwanted text enough for TCPA standing
USA - August 16 2023 In an unusual showing of unanimity, the full Eleventh Circuit held that a single unwanted text is enough to confer Article III standing to assert a…
Divided Panel Holds that Insurer’s Total-Loss Settlement Complied with Florida Law
USA - July 11 2023 After GINA Signor’s Lexus was damaged in an accident Safeco declared the vehicle a total loss under her automobile insurance policy. Under the policy…
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