“Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship
Posted on Apr 12, 2022 in Class Actions | Comments Off on “Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship
An inartfully pleaded class definition coupled with a failure of proof was enough to prevent a class-action plaintiff from invoking the Class Action Fairness Act’s “local controversy” exception to avoid removal from the sheltering arms of a Florida circuit court, according to the Eleventh Circuit in Simring v. GreenSky, LLC, 2022 U.S. App. LEXIS 8002 (11th Cir. Mar. 28, 2022). The...
Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
Posted on Mar 14, 2022 in Jurisdiction | Comments Off on Divided Panel Denies Petition to Appeal Sua Sponte Remand to State Court
In Ruhlen v. Holiday Haven Homeowners, Inc., 2022 U.S. App. LEXIS 6184 (11th Cir. Mar. 9, 2022), a divided panel of the Eleventh Circuit held that the court lacked appellate jurisdiction to review a district court’s sua sponte remand to state court for lack of subject-matter jurisdiction. The underlying dispute concerned the presence or absence of jurisdiction under the Class Action...
Interlocutory Appeal Properly Taken from Declaratory Judgment on Insurer’s Duty to Defend; Ambiguous Exclusion Construed in Favor of Coverage
Posted on Mar 9, 2022 in Insurance | Comments Off on Interlocutory Appeal Properly Taken from Declaratory Judgment on Insurer’s Duty to Defend; Ambiguous Exclusion Construed in Favor of Coverage
When a liability insurer seeks a declaratory judgment on whether it has a duty to defend and indemnify an insured, and the district court enters an order finding a duty to defend but putting off a decision on the duty to indemnify, is that nonfinal order subject to interlocutory appeal? In James River Insurance Co. v. Ultratec Special Effects Inc., 22 F.4th 1246 (11th Cir. Jan. 13,...
Court Affirms Order Unsealing “Unguarded Emails”
Posted on Dec 17, 2021 in Civil Procedure | Comments Off on Court Affirms Order Unsealing “Unguarded Emails”
The Eleventh Circuit reiterated the importance of access to judicial proceedings—including, in the case at hand, “unguarded emails expressing personal opinions,” in Callahan v. United Network for Organ Sharing, 2021 U.S. App. LEXIS 34201 (11th Cir. Nov. 17, 2021). The underlying dispute arose from a revised organ donation policy approved by the defendant United Network for Organ...
Appeal on the Merits Untimely, and Costs Award to Defendant Under Rule 68 Affirmed, in FLSA Case
Posted on Feb 25, 2021 in Appellate Procedure | Comments Off on Appeal on the Merits Untimely, and Costs Award to Defendant Under Rule 68 Affirmed, in FLSA Case
In a hectic end to 2020, we almost overlooked an interesting appellate procedure opinion affecting FLSA cases, Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934 (11th Cir. 2020). In Vasconcelo, the Eleventh Circuit dismissed an FLSA plaintiff’s appeal on the merits as untimely; affirmed the district court’s attorneys’ fees award, which awarded less than the plaintiff had sought; and...