$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”

Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit

In McKenney v. United States, No. 18-10810 (11th Cir. Sept. 1, 2020), in a matter of first impression, holds that the settlement of an accountant malpractice lawsuit is includable in gross income, even if the alleged damages concerned the payment of federal taxes. The panel gives no credence to several items in the record thatContinue reading “Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit”

State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit

Creating a possible circuit split, the Eleventh Circuit holds in Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez Bustamante, No. 18-12728 (11th Cir. Aug. 8, 2020), that State Department cables containing unattributed observations about conditions in a foreign country are inadmissible hearsay, not covered by the public-records exception of Fed. R. Evid. 803(8).Continue reading “State Department Cables Ruled Inadmissible Under Public-Records Exception, Fed. R. Evid. 803(8), by Eleventh Circuit”

No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit

In Patel v. Hamilton Medical Center, Inc., No. 19-13088 (11th Cir. July 30, 2020), the Eleventh Circuit holds that there is no federal-question subject matter jurisdiction over a declaratory action brought by a doctor against a hospital for suspending his privileges. Although the plaintiff’s claim arose under state law (and the parties were apparently non-diverse),Continue reading “No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit”