Eversheds Sutherland 11th Circuit Business Blog
content top

The Federal Medical Device Amendments Do Not Preempt All State-Law Claims

  The Eleventh Circuit applied Florida law and the preemption provisions of the federal Medical Device Amendments of 1976, 21 U.S.C. § 360c et seq., to reverse the district court’s dismissal of some, but not all, of a plaintiff’s claims against the manufacturer of a hip-replacement device. Mink v. Smith & Nephew, Inc., 2017 WL 2723913 (11th Cir. June 26, 2017). The device at...

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...

Statutory Non-Waiver Provision Does Not Prevent Severance of Unlawful Terms and Arbitration Enforcement

Where an arbitration provision includes substantive limitations on the relief otherwise available to a party under a federal statute, there are three possible judicial responses: sever the offending provisions and enforce the agreement; enforce the agreement and leave any invalidity questions to the arbitrator, as in PacifiCare Health Systems, Inc. v. Book, 538 U.S. 401 (2003); or...

Filing Proof of Stale Claim in Chapter 13 Bankruptcy Held to Violate FDCPA

In the consolidated appeals of Johnson v. Midland Funding, LLC and Brock v. Resurgent Capital Services, L.P., Nos. 15-11240 and 15-14116, 2016 WL 2996372 (11th Cir. May 24, 2016), the Eleventh Circuit doubled down on its previous holding that filing “a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act,” Crawford v. LVNV...