Eleventh Circuit Declines to Revisit Dreadlocks Discrimination Case En Banc
Posted on Dec 18, 2017 in Employment Law and Employee Benefits | Comments Off on Eleventh Circuit Declines to Revisit Dreadlocks Discrimination Case En Banc
Nearly a full year after issuing a revised opinion supporting an initial holding that hairstyles and other “cultural characteristics”—like dreadlocks—cannot form the basis for a Title VII claim of intentional racial discrimination, the Eleventh Circuit denied the Equal Employment Opportunity Commission’s petition for rehearing en banc in EEOC v. Catastrophe Management Solutions (CMS),...
Bankruptcy Debtors Can Recover Attorneys’ Fees Spent in Enforcing Stay and Seeking Damages, Including for Appeals
Posted on Dec 11, 2017 in Bankruptcy | Comments Off on Bankruptcy Debtors Can Recover Attorneys’ Fees Spent in Enforcing Stay and Seeking Damages, Including for Appeals
Richard and Patricia Horne filed for bankruptcy protection under Chapter 7 of the Bankruptcy Code. After the bankruptcy was filed and the automatic stay imposed by Section 362(a)(1) went into effect, Mary Mantiply, an attorney, filed a state court action against the Hornes on behalf of Mantiply’s client. Mantiply repeatedly refused to dismiss the case, even after being informed of the...
A Private Plaintiff Cannot Sue FINRA for a Violation of Its Own Rules
Posted on Nov 3, 2017 in Jurisdiction, Securities | Comments Off on A Private Plaintiff Cannot Sue FINRA for a Violation of Its Own Rules
In Turbeville v. FINRA, 2017 WL 4938821 (11th Cir. Nov. 1, 2017), a panel of the Eleventh Circuit held that a former registered representative’s purported state-law claims against FINRA were properly dismissed because there exists no private right of action against FINRA, a self-regulatory organization (“SRO”), for alleged violations of its own rules. In 2009, FINRA filed an...
Rival Class Counsel Battle Over Settlement
Posted on Oct 31, 2017 in Class Actions | Comments Off on Rival Class Counsel Battle Over Settlement
An unseemly squabble between rival class-action firms drew the attention of the Eleventh Circuit in Technology Training Associates, Inc. v. Buccaneers Ltd. Partnership, 2017 WL 4819371 (11th Cir. Oct. 26, 2017). The court remanded the case for further combat over approval of an approximately $20 million class action settlement in a Telephone Consumer Protection Act case against the...
Court Compels Individual Arbitration of Consumer Class Action
Posted on Oct 19, 2017 in Arbitration, Class Actions, Consumer Protection | Comments Off on Court Compels Individual Arbitration of Consumer Class Action
In Larsen v. Citibank FSB, 871 F.3d 1295 (11th Cir. Sept. 26, 2017), the Eleventh Circuit reversed the Southern District of Florida’s denial of a motion to compel arbitration of a consumer debt class action. The plaintiff, David Johnson, filed a putative class action alleging that Defendant KeyBank had improperly changed the sequence of debit card transactions to maximize overdraft...