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...
Administrative Feasibility Not Separate Class Certification Requirement
Posted on Feb 10, 2021 in Class Actions | Comments Off on Administrative Feasibility Not Separate Class Certification Requirement
The Eleventh Circuit aligned itself last week with the majority of circuits in holding that a threshold determination that identifying class members is administratively feasible is not a separate requirement for class certification. The ruling, in the closely-watched case of Cherry v. Dometic Corp., 2021 WL 346121 (11th Cir. Feb. 2, 2021), which attracted numerous amicus briefs,...
Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
Posted on Aug 5, 2020 in Jurisdiction | Comments Off on Eleventh Circuit Decision Highlights Difficulty of Invoking Federal-Question Jurisdiction Over Claim for Declaratory Relief
The United States Constitution created federal courts of limited subject-matter jurisdiction. Thus, a party filing suit in federal court must assert a claim arising under federal law or demonstrate that the litigants are citizens of different states. Generally, a claim brought pursuant to the federal Declaratory Judgment Act is alone insufficient to invoke federal-question...
Too Late At The District Court Is Still Too Late At The Appellate Court
Posted on Jul 25, 2020 in Appellate Procedure | Comments Off on Too Late At The District Court Is Still Too Late At The Appellate Court
The Eleventh Circuit’s opinion in Corley v. Long-Lewis, Inc., 2020 WL 4006602 (11th Cir. July 16, 2020), delivered by Judge William Pryor, primarily concerned questions of appellate jurisdiction, all of which were resolved in favor of hearing the appeal. The multi-faceted procedural history set the stage for the issues of appellate jurisdiction: A case that had been transferred from...
Judge William Pryor Becomes Chief Judge of Eleventh Circuit
Posted on Jun 4, 2020 in Court News | Comments Off on Judge William Pryor Becomes Chief Judge of Eleventh Circuit
The Eleventh Circuit welcomed a new chief judge this week, as the Hon. William H. Pryor Jr. replaced the Hon. Ed Carnes in that role on the latter’s seventieth birthday, in accordance with 28 U.S.C. § 45. Judge Carnes had previously given notice of his intention to take senior status, and District Judge Andrew Brasher (of the Middle District of Alabama) has already been confirmed to...