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Judge Stanley Marcus to Take Senior Status

After more than 20 years serving on the U.S. Court of Appeals for the Eleventh Circuit, Judge Stanley Marcus has announced his intention to retire in senior status. Judge Marcus is currently among the most senior active judges on the court, second only to Judge Gerald Tjoflat, who recently announced his own intention to take senior status. These retirements will pave the way for...

Judge Tjoflat to Take Senior Status

Judge Gerald B. Tjoflat, the longest-serving federal judge in active service, has announced his intention to take senior status. Judge Tjoflat was appointed to the federal bench by President Nixon and to the then-Fifth Circuit by President Ford. In 1995, the Duke Law Journal published this tribute to Judge Tjoflat by Chief Justice Rehnquist, among...

SCOTUS Business Cases This Term (Part 2 – Arbitration)

The Court has several arbitration-related cases before it this term.  Lamps Plus, Inc. v. Varela concerns whether the FAA permits a state-law interpretation of an arbitration agreement that finds a contractual basis for class arbitration without class arbitration’s being specifically mentioned.  New Prime, Inc. v. Oliveira involves the FAA’s exception for “contracts...

SCOTUS Business Cases This Term (Part 1 – Class Actions)

The Supreme Court’s October term is underway, and the Court has before it several class-action cases.  Frank v. Gaos concerns the permissibility of cy pres relief in class action settlements; Home Depot v. Jackson the ability of a defendant in the original action to remove the action under CAFA; and Nutraceutical Corp. v. Lambert the availability of equitable exceptions to the...

Survey of 2017 Eleventh Circuit Decisions Published

The Mercer Law Review recently published its annual survey of noteworthy Eleventh Circuit decisions. The Class Actions article, authored by our own Tom Byrne and Stacey Mohr, analyzes the court’s 2017 decisions on CAFA jurisdiction, the impact of arbitration agreements on class actions, the preclusive effect of prior actions, class action settlements, and class certification...

Britt Grant Confirmed as Eleventh Circuit Judge

Georgia Supreme Court Justice Britt Grant was confirmed by the U.S. Senate yesterday afternoon to fill the Eleventh Circuit judgeship created when Judge Julie Carnes elected to take senior status.  The vote was 52-46.  Justice Grant, 40, is not the youngest person to be confirmed for an Eleventh Circuit seat since the court was constituted in 1981.  That honor belongs to Senior Judge...

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