Eversheds Sutherland 11th Circuit Business Blog
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Primary Defendants Tied to Liability for Damages in Class Actions Seeking Monetary Relief

In an opinion published June 14, 2017, Hunter v. City of Montgomery, 2017 WL 2634162, the Eleventh Circuit affirmed the lower court’s remand order under the home state exception to the Class Action Fairness Act (“CAFA”). The central issue was the classification of a party as one of the “primary defendants” within the meaning of CAFA. The case centered on a red-light camera program...

Preclusive Effect of Engle Findings Against Tobacco Cases Does Not Violate Due Process

In a 7-3 decision, the Eleventh Circuit sitting en banc declined to overrule Walker v. R.J. Reynolds Tobacco Co., 734 F.3d 1278 (11th Cir. 2013), and held (again) that a jury’s negligence and strict liability findings in the Engle class action against tobacco companies may be given preclusive effect in follow-on individual cases without violating the Due Process Clause. Graham v. R. J....

Patronage Capital Class Action Removable; Dismissal Affirmed

An electric cooperative organized under state law is nonetheless entitled to remove a putative class action to federal court under the “federal officer” removal statute, according to the Eleventh Circuit in Caver v. Central Alabama Electric Cooperative, 845 F.3d 1135 (11th Cir. 2017), which also affirmed dismissal of a complaint seeking immediate return of patronage capital. ...

Employees May Join FLSA Collective Action With Rule 23 Class Action in Same Proceeding

The Eleventh Circuit has joined the D.C., Second, Third, Seventh, and Ninth Circuits in holding that employees may bring a collective action against their employer under § 216(b) of the Fair Labor Standards Act of 1938 (“FLSA”) in the same proceeding in which they seek Rule 23(b) certification of state-law claims. Calderone v. Scott, 2016 WL 5403589 (11th Cir. Sept. 28, 2016). The...

Ask Not for Whom the Securities Exchange Act’s Statute of Repose Tolls; It Doesn’t.

Is a statute of repose subject to tolling? Although its holding was limited to the applicability of American Pipe tolling, created by the commencement of a class action, to the five-year statute of repose under Section 20(a) of the Securities Exchange Act of 1934, the Eleventh Circuit discussed the issue in broad terms in its August 10 opinion in Dusek v. JPMorgan Chase & Co., 832...

Class Certification of Florida Deceptive and Unfair Trade Practices Act Claim Affirmed

On May 17, the Eleventh Circuit decided Carriuolo v. General Motors Co., 2016 WL 2870025 (11th Cir. May 17, 2016), affirming the district court’s partial grant of a motion for class certification. The plaintiffs’ motion in the district court involved four classes relating to four claims, but the district court denied certification of three and only granted class certification of the...

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