In Romano v. John Hancock Life Insurance, 120 F.4th 729 (Oct. 30, 2024), the Eleventh Circuit held that an insurance company providing investment and record keeping services is not an ERISA fiduciary as it relates to the application and retention of foreign tax credits. John Hancock provided investment and recordkeeping services to 401(k) retirement plans,…
Tag: Class action
Non-signatory Spouse Not Subject to Mandatory Arbitration
In Lubin v. Starbucks Corp., 2024 WL 5113125 (11th Cir. Dec. 16, 2024), the Eleventh Circuit rejected an employer’s attempt to compel arbitration of claims brought by a former employee’s husband, where he had not signed an agreement with the employer and his claims were not sufficiently related to his wife’s employment agreement. The decision…
Absence of Final Decision Stymies Class-Certification Appeal
Two named plaintiffs brought a putative class action against AT&T Mobility Services, alleging pregnancy-related discrimination in their employment. The district court denied the plaintiffs’ motion for class certification; the 11th Circuit denied their petition for review under Fed. R. Civ. P. 23(f); and the two named plaintiffs settled with AT&T Mobility and voluntarily dismissed their…
One More Time: No Standing for Injunctive Relief, No Class Settlement Approval
For the second time in less than a year, the Eleventh Circuit has vacated a district court’s approval of a class action settlement on the ground that the named plaintiffs lacked standing to seek the injunctive relief component of the settlement. In Smith v. Miorelli, 2024 WL 7700360 (11th Cir. Feb. 26, 2024), the court…
Court Identifies Factors for Analyzing Fairness of Class Settlements
The court took the opportunity to provide guidance to courts and class-action litigants on considering the fairness of a class settlement under the 2018 amendments to Rule 23(e) in Ponzio v. Pinon, 87 F.4th 487 (11th Cir. 2023). The court affirmed approval of the settlement, concluding that the district court appropriately analyzed and rejected the…
For Willful Violation, Fair Credit Reporting Act Claim For Statutory Damages Does Not Require Proof of Actual Damage
A plaintiff suing under the Fair Credit Reporting Act (FCRA) need not prove actual damages as a result of a willful violation in order to recover statutory damages, according to the Eleventh Circuit, joining several other circuits in that conclusion. Santos v. Healthcare Revenue Recovery Group, LLC, 2023 WL 7289662(11th Cir. Nov. 6, 2023). The…
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…
Novel Data-Breach Claim Survives Motion to Dismiss Employee Class Action
The Eleventh Circuit revived a putative data-breach class action in Ramirez v. Paradies Shops, LLC, No. 22-12853, _ F.4th _ (11th Cir. June 5, 2023), which a district court had dismissed for failure to state a claim under Georgia law. The opinion reflects a trend of expanding privacy protection and has already been cited in…
SLUSA CLASS ACTION BAR IS BROAD ENOUGH TO COVER EVEN SOME BREACH OF FIDUCIARY DUTY CLAIMS
In Cochran v. Penn Mutual Life Insurance Co., 35 F.4th 1310 (11th Cir. May 31, 2022), the Eleventh Circuit affirmed the district court’s dismissal of a claim for breach of fiduciary duty as barred by the Securities Litigation Uniform Standards Act (SLUSA). After Jeffrey Cochran’s 401(k) retirement plan was terminated by his employer, he transferred…
Paradise Found: Consumer Not Damaged by Purchasing (and Consuming) Gin Containing Prohibited “Grains of Paradise”
The Eleventh Circuit again had the opportunity to interpret the scope of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), this time applying the Act’s safe-harbor provision for actions otherwise permitted by law. In Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084 (11th Cir. Nov. 8, 2021), the court affirmed dismissal of a putative…