Eversheds Sutherland 11th Circuit Business Blog
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Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing

In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that the...

HVAC Heater Case Won’t Be Heating Up: Dismissal Affirmed

The Eleventh Circuit’s decision on Monday in Warren Technology, Inc. v. UL LLC, 2020 WL 3406585 (11th Cir. June 22, 2020), turned on the basic question of whether the complaint’s allegation of a misrepresentation was a fact that needed to be accepted as true or could be ignored as a mere conclusory allegation. Defendant UL LLC is a nationally recognized testing laboratory that tests...

Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called

The Eleventh Circuit has joined the Second in holding that consent to be called using an autodialer and/or prerecorded messages, given as part of a contract, cannot be unilaterally withdrawn.  Medley v. DISH Network, LLC, 2020 WL 2092594 (11th Cir. May 1, 2020). Linda Medley entered into a 24-month agreement with DISH Network to receive satellite television services for a monthly fee. ...

Eleventh Circuit Affirms Individual’s $41 Million Verdict Against Tobacco Companies

In yet another opinion applying the Florida Supreme Court’s landmark decision in Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), the Eleventh Circuit affirmed denial of motions for judgment as a matter of law against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. in a published opinion upholding multi-million dollar jury verdicts against both defendants. Kerrivan...

Eleventh Circuit Holds That TCPA’s Definition of “Automatic Telephone Dialing System” Requires Use of Random or Sequential Number Generator

Addressing a question that has divided courts in a decision that will substantially affect the scope of liability under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit has held that equipment is not an “automatic telephone dialing system” under the TCPA unless the equipment employs random or sequential number generation and requires no human intervention.  Glasser...

FACTA Injury/Standing Case to Be Reheard En Banc

The Eleventh Circuit has vacated the panel opinion in Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir. Oct. 3, 2018), which held that a merchant’s disclosure of too many digits of a credit card number was sufficient to confer Article III standing even without subsequent misuse of the credit card, and has ordered that the case be reheard en banc.  Our post about the...

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