Counting Rule for Court Closure Under Fed. R. Civ. P. 6(a)(3) Applies Even Though Appellant Could Have Filed Notice of Appeal Electronically

In Circuitronix, LLC v. Kinwong Electronic (Hong Kong) Co., Ltd., No. 19-12547 (11th Cir. Apr. 8, 2021) – an appeal from the trial of a breach of contract claim – the Eleventh Circuit holds that a motion for judgment as a matter of law was timely under Fed. R. Civ. P. 6(a), because the courthouseContinue reading “Counting Rule for Court Closure Under Fed. R. Civ. P. 6(a)(3) Applies Even Though Appellant Could Have Filed Notice of Appeal Electronically”

Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit

In PDVSA US Litig. Trust v. Lukoil Pan Americas, LLC,.No. 19-10950 (11th Cir. Oct. 18, 2021), the plaintiff-appellant failed to raise its best argument on appeal – that the district court decided the central legal issue on the merits on a Fed. R. Civ. P. 12(b)(1) motion to dismiss – and thus loses under theContinue reading “Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit”

Eleventh Circuit Applies the “Fugitive Disentitlement” Doctrine to Dismiss Action

In Vibe Ener v. Martin, No. 19-12258 (11th Cir. Feb. 22, 2021), the panel reviews a district court’s dismissal of a civil action because the plaintiff fled the United States, applying the “fugitive disentitlement” doctrine. “The fugitive disentitlement doctrine empowers courts to dismiss the lawsuits or appeals of fugitives from the law.” The federal actionContinue reading “Eleventh Circuit Applies the “Fugitive Disentitlement” Doctrine to Dismiss Action”

District Court Erred by Imposing “Administrative Feasibility” Condition on Class Action, Holds Eleventh Circuit

In Cherry. v. Dometic Corp., No 19-13242 )11th Cir. Feb. 2, 2021), the Eleventh Circuit holds that Fed. R. Civ. P. 23 provides no basis to require a class plaintiff to establish administrative feasibility as a requirement of certification and remands the case for further development. “Dometic Corporation manufactures and sells gas-absorption refrigerators that areContinue reading “District Court Erred by Imposing “Administrative Feasibility” Condition on Class Action, Holds Eleventh Circuit”

Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit

In Acrylicon USA, Inc. v. Silikal GmbH, No. 17-15737 (11th Cir. Jan. 26, 2021), the panel holds that while the defendant preserved a record of opposing personal jurisdiction at the pleadings and post-trial stages, it forfeited the argument on appeal by not appealing the post-trial ruling. Plaintiff AcryliCon USA (AC-USA) sued Silikal in federal districtContinue reading “Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit”

$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit

In Muransky v. Godiva Chocolatier, Inc.,  No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”

Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit

In Fox v. The Ritz-Carlton Hotel Company, LLC, No. 19-10361 (11th Cir. Sept. 29, 2020), the Eleventh Circuit reverses dismissal of a putative class action, holding that the class representative – who ate at three Ritz-Carlton restaurants, and alleged violations of the Florida Deceptive and Unfair Trade Practices Act – could bring a claim onContinue reading “Plaintiff Had Standing to Represent Customers Who Paid Automatic Gratuities at All 49 Hotel Locations in Florida, Holds Eleventh Circuit”

Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements

In a startling opinion, Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. Sept. 17, 2020), a 2-1 panel announces that incentive payments of any kind to Rule 23 class representatives are incompatible with common-fund principles and are therefore banned. The panel vacates a $6000 incentive payment in a Telephone Consumer Protection Act class settlement.Continue reading “Eleventh Circuit Flatly Bans Incentive Payments to Rule 23 Class Representatives in Settlements”

New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.

In Sowers v. R.J. Reynolds Tobacco Co., No. 18-11901 (11th Cir. Sept. 15, 2020), where the defendant did not dispute that the plaintiff was erroneously denied a punitive-damage trial, the court holds that the Seventh Amendment Reexamination Clause does not command a retrial of liability. Sowers is an “Engle progeny” action, a case emerging fromContinue reading “New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.”

Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit

In Doe v. Miami-Dade Cnty., No. 19-10254 (11th Cir. Sept. 9, 2020), the Eleventh Circuit affirmed a district court’s decision not to allow two plaintiffs to amend their pleadings at the end of trial to add an unpled “as applied” challenge to a county ordinance which they contended imposed an ex post facto punishment. TheContinue reading “Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit”