Eleventh Circuit Affirms Dismissal With Prejudice of Auto Shops’ RICO Complaint Against Insurers
Posted on Dec 30, 2019 in Class Actions | Comments Off on Eleventh Circuit Affirms Dismissal With Prejudice of Auto Shops’ RICO Complaint Against Insurers
The Eleventh Circuit has affirmed the dismissal with prejudice of a putative class action brought by auto body collision repair shops against dozens of insurers and alleging RICO violations, fraud, and unjust enrichment. Crawford’s Auto Center, Inc. v. State Farm Mutual Automobile Insurance Co., 2019 WL 6974428 (Dec. 20, 2019). The plaintiffs alleged that the defendant insurers...
Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
Posted on Dec 19, 2019 in Insurance | Comments Off on Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
An automobile insurer’s “Lessor Liability Endorsement” is not illusory, notwithstanding the fact that federal law bars claims of vicarious liability against vehicle lessors, because the endorsement imposes upon the insurer a duty to defend lessors against vicarious liability claims. Hallums v. Infinity Ins. Co., 2019 WL 6872507 (11th Cir. Dec. 17, 2019). The plaintiffs entered into...
Robert Luck and Barbara Lagoa Sworn In as Eleventh Circuit Judges
Posted on Dec 18, 2019 in Court News | Comments Off on Robert Luck and Barbara Lagoa Sworn In as Eleventh Circuit Judges
Two Miami-born, Florida Supreme Court justices have been sworn in to the Eleventh Circuit. Both judges served on Florida’s high court for less than a year before being nominated to the Eleventh Circuit by President Trump in September. Judge Luck, 40, was confirmed by the U.S. Senate by a vote of 64 to 31 in November and sworn in on November 19, 2019. Judge Lagoa, 52, was confirmed with...
Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court
Posted on Nov 26, 2019 in Class Actions, Uncategorized | Comments Off on Class Action Seeking Reinstatement of Life Insurance Policies Was Properly Removed to Federal Court
In Anderson v. Wilco Life Ins. Co., 2019 WL 6242199 (11th Cir. Nov. 22, 2019), the Eleventh Circuit reversed the district court’s order remanding to state court a putative class action against a life insurance company. The case had been properly removed under the Class Action Fairness Act (“CAFA”), the appeals court held, because the plaintiff’s request for an order requiring...
Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Posted on Nov 25, 2019 in Class Actions | Comments Off on Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Courts coping with overbroad class definitions that include uninjured class members have produced a cacophony of opinions. A first question often addressed in these opinions is whether the problem is one of Article III standing or of meeting Rule 23’s class certification requirements, or both. Senior Judge Stanley Marcus’ opinion for the Eleventh Circuit in Cordoba v. DirecTV, LLC,...