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…
Sarbanes-Oxley Whistleblowers Required to Allege Fraud
The Eleventh Circuit clarified the reasonable-belief standard for whistleblowers alleging unlawful retaliation under the Sarbanes-Oxley Act, in Ronnie v. Office Depot, LLC, No. 20-14214, ___ F.4th ___ (11th Cir. Sept. 25, 2023). SOX broadly prohibits discrimination against employees for providing information that they “reasonably believe[] constitutes” mail, wire, bank, or securities fraud (or a violation of…
“And All Means All”: Stipulation of Voluntary Dismissal Requires All Parties’ Signatures
To be effective, a stipulation of dismissal pursuant to Fed. R. Civ. P. 41 must be signed by all parties who have appeared in an action, even if there are multiple defendants and fewer than all of them are being dismissed. City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 2023 WL 5944193 (11th Cir. Sept….
Court Rejects Former Employee’s Challenge to “Loser-Pays” Arbitration Provision
When Isaac Payne took a job at the Savannah College of Art and Design (“SCAD”), he signed an acknowledgement agreeing to comply with the school’s staff handbook, including its alternative dispute resolution policy. The arbitration policy provided, among other things, that the non-prevailing party in any arbitration would be required to pay the arbitrator’s fees,…
Insurers’ Reservation of Rights Letter Did Not Create Right to Reimbursement
Winder Laboratories and Steven Pressman were insured by Continental Casualty Company and Valley Forge Insurance Company when Winder and Pressman were sued by Concordia Pharmaceuticals Inc. for allegedly “falsely or misleadingly advertis[ing] their [products] . . . as generic equivalents to Concordia’s product.” The insureds sought coverage under the insurers’ policies, both of which included…
No Special Tolling for Plaintiff Who Brings an Untimely FLSA Action After Previous Timely Action Is Dismissed
The Fair Labor Standards Act’s statute of limitations is not tolled when a plaintiff files an FLSA action that is later dismissed and then files a new, untimely, action. This was the court’s holding in Wright v. Waste Pro USA, Inc., 696 F.4th 1332 (June 13, 2023), which also rejected the plaintiff’s request for equitable…
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…
Failure of Loss Causation Does Not Negate Standing in § 10(b) Securities Fraud Action
The Eleventh Circuit recently held that Article III standing is not negated by a failure to state a claim on loss causation grounds. Carpenters Pension Fund of Ill. v. MiMedx Grp., Inc., 73 F.4th 1220 (11th Cir. 2023). Carpenters, the lead plaintiff in this consolidated securities class action, purchased and sold stock in MiMedx, a…
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…
Rule 41(a) May Only Dismiss an Entire Action, Not a Single Count
Federal Rule of Civil Procedure 41(a) outlines the procedure for voluntary dismissals of “an action” at the parties’ request. The Eleventh Circuit, in an opinion written by Judge Britt Grant, has again emphasized that “[a]ny attempt to use this rule to dismiss a single claim, or anything less than the entire action will be invalid.”…