The Eleventh Circuit again faced the question (becoming increasingly common in the world of arbitration enforcement) of precisely which challenges to “arbitrability” can and cannot be contractually delegated to an arbitrator. The challenge in Steines v. Westgate Palace, L.L.C., 2024 WL 4052630 (11th Cir. Sept. 5, 2024), was based on the Military Lending Act (MLA),…
Category: Class Actions
No Go for GoDaddy Coupon Settlement
Senior Judge Gerald Tjoflat has a well-earned reputation for lengthy opinions, especially in class actions. His recent opinion disapproving the class-action settlement involving GoDaddy is of epic length, but he could not win the concurrence of the other two panel members, Judges Wilson and Branch. Drazen v. Pinto, 101 F. 4th 1223 (11th Cir. May…
Eleventh Circuit Sets out 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. Nov. 27, 2023). The Eleventh Circuit affirmed approval of the settlement, concluding that the district court appropriately analyzed…
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…
Blue Cross/Shield $2.67B Class Action Settlement Approval Affirmed
The court affirmed a district court’s approval of a $2.67 billion class action settlement of an antitrust multi-district litigation brought against Blue Cross Blue Shield Association and its local member plans alleging Sherman Act violations in restrictions on the member plans’ ability to compete. In re Blue Cross Blue Shield Antitrust Litig. MDL 2406, 2023…
Individualized Issues May Predominate Standing Inquiry in Data-Breach Class Action
As data-breach class actions have become increasingly frequent in recent years, courts continue to grapple with whether, and to what extent, these cases meet the requirements for certification of a damages class under Rule 23(b)(3). In its latest such case, Green-Cooper v. Brinker Int’l, Inc., No. 21-13146, 73 F. 4th 883 (July 11, 2023), the…
Class Certification in Consumer-Fraud Case Depends on What Evidence—if Any—Is Required to Establish Reliance Under State Law
The Eleventh Circuit reversed and remanded class certification of most claims brought by a group of consumers who alleged their Ford Mustang Shelby GT350s were not “track ready” as advertised. The court’s decision in Tershakovec v. Ford Motor Company, No. 22-10575, — F.4th —, 2023 WL 4377585 (11th Cir. July 7, 2023), focused on the…
Single Unwanted Text Enough For TCPA Standing
In an unusual showing of unanimity, the full Eleventh Circuit held that a single unwanted text is enough to confer Article III standing to assert a claim under the Telephone Consumer Protection Act. Drazen v. Pinto, 2023 WL 4699939 (July 24, 2023). The original panel opinion, vacated by the grant of rehearing en banc, arose…
Court Nixes Class Settlement Approval for Lack of Representatives’ Standing to Seek Key Injunctive Relief
The Eleventh Circuit recently vacated approval of a class settlement which included, as an integral part, injunctive relief that no class representative had Article III standing to seek. Williams v. Reckitt Benckiser LLC, 2023 WL 2906311 (11th Cir. Apr. 12, 2023), was brought on behalf of a class of individuals who purchased “brain performance supplements”…