Eversheds Sutherland 11th Circuit Business Blog
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“Gateway” Issue Delegation to an Arbitrator is Enforceable, Without Qualifications; Circuit Split Noted

The Eleventh Circuit enforced an employment-related arbitration agreement’s provision delegating to the arbitrator “gateway” questions of arbitrability in Jones v. Waffle House, Inc., 2017 WL 3381100 (11th Cir. Aug. 7, 2017).  The opinion, written by Judge Marcus and joined by Judge Hull and Judge Clevenger visiting from the Federal Circuit, also rejects the notion, adopted by the...

Dual Citizenship Does Not Create CAFA Jurisdiction

Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff class members are citizens of a single...

Post-Acquisition Conduct Fails Concerted Action Requirement Under Sherman Act

The Eleventh Circuit found two grounds independently sufficient to affirm summary judgment in an antitrust case, Procaps S.A. v. Patheon, Inc., 2016 WL 7487726 (11th Cir. Dec. 30, 2016). The court ruled that summary judgment was proper both because the plaintiff could not establish the concerted action requirement based on post-acquisition conduct by one party to a joint venture...

Civil RICO Class Action Dismissal Affirmed

A civil RICO class action challenging Spirit Airlines’ “Passenger Usage Fee” landed for a second time in the Eleventh Circuit and this time the airline fared better: the court affirmed the dismissal of the amended complaint in a major opinion on RICO pleading standards authored by Judge Stanley Marcus. Ray v. Spirit Airlines, Inc., 2016 WL 4578347 (11th Cir. Sept. 2, 2016). The named...

Paymaster Is Not a Joint Employer Under Title VII or the Equal Pay Act

Companies with complex corporate structures or contractor relationships frequently face the threat of joint-employer liability under federal employment law. Just this year, the U.S. Department of Labor’s Wage and Hour Division issued guidance expansively interpreting the joint-employer doctrine under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker...

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