The court took the opportunity to provide guidance to courts and class-action litigants on considering the fairness of a class settlement under the 2018 amendments to Rule 23(e) in Ponzio v. Pinon, 87 F.4th 487 (11th Cir. Nov. 27, 2023). The Eleventh Circuit affirmed approval of the settlement, concluding that the district court appropriately analyzed…
Year: 2024
One More Time: No Standing for Injunctive Relief, No Class Settlement Approval
For the second time in less than a year, the Eleventh Circuit has vacated a district court’s approval of a class action settlement on the ground that the named plaintiffs lacked standing to seek the injunctive relief component of the settlement. In Smith v. Miorelli, 2024 WL 7700360 (11th Cir. Feb. 26, 2024), the court…
Court Identifies Factors for Analyzing Fairness of Class Settlements
The court took the opportunity to provide guidance to courts and class-action litigants on considering the fairness of a class settlement under the 2018 amendments to Rule 23(e) in Ponzio v. Pinon, 87 F.4th 487 (11th Cir. 2023). The court affirmed approval of the settlement, concluding that the district court appropriately analyzed and rejected the…
Colorado River Abstention Puts Foreclosure-Related Federal Case On Hold
Eliezer and Valeria Taveras are parties to a series of lawsuits in Florida state court, all concerning real property located in Kissimmee, Florida. In 2008, the property was the subject of an unsuccessful foreclosure action involving the Christiana Trust. Subsequently, the Taverases sought a declaration, also in Florida state court, that the mortgage on the…
Judge Charles Wilson to Take Senior Status
The Eleventh Circuit has reportedly confirmed that after nearly 25 years of service on the Court of Appeals, Judge Charles Wilson intends to take senior status upon the confirmation of a successor presumably to be nominated by President Biden later this year. Judge Wilson is the Eleventh Circuit’s most senior judge in active service, having…
Arbitration Agreement’s Non-Compliance with AAA Rules Dooms Arbitration Bid
A defendant was not aggrieved by the plaintiffs’ failure to arbitrate, and thus was not entitled to an order staying litigation and compelling arbitration, where the plaintiffs sought arbitration but the AAA refused to take their cases because of the defendant’s noncompliance with AAA rules. Bedgood v. Wyndham Vacation Resorts, Inc., 2023 WL 8722023 (11th…
But-For Causation Required for Employees to Succeed on FMLA Retaliation Claims
An employee bringing a retaliation claim under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54 must prove that the retaliation was the but-for cause of termination. Lapham v. Walgreen Co., 2023 WL 8609244 (11th Cir. 2023). Doris Lapham, an employee of Walgreens for almost ten years, sought leave under FMLA so that…