Eversheds Sutherland 11th Circuit Business Blog
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POLICE DETECTIVE CAN’T BE FIRED FOR INABILITY TO RECEIVE TASER SHOCK, HOLDS DIVIDED PANEL ON REMAND FROM EN BANC COURT

On August 15, 2019, the Eleventh Circuit decided the employment discrimination case of Lewis v. City of Union City, 2019 WL 3821804, that had been remanded from the en banc court, having decided that the appropriate standard for comparator evidence is whether the proposed comparators are “similarly situated in all material respects.” The panel’s new opinion greatly resembles its first...

Court Grants En Banc Rehearing in Employment Retaliation Case

The Eleventh Circuit today granted the defendant employer’s petition for rehearing en banc in Gogel v. Kia Motors Manufacturing of Georgia, Inc., 904 F.3d 1226 (11th Cir. 2018). The now-vacated panel opinion, authored by Judge Martin, had affirmed summary judgment for the defendant on the plaintiff’s discrimination claims but revived her claim for retaliation. Judge Julie Carnes wrote...

Full Eleventh Circuit Dismisses Car Shop Antitrust Claims against Insurers

In Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., 2019 WL 1006973, on March 4, 2019, the Eleventh Circuit, sitting en banc, addressed the sufficiency of five complaints brought under the Sherman Act for price-fixing and group boycotting and state law claims for unjust enrichment, quantum meruit, and tortious interference. The plaintiff auto body shops...

COURT GRANTS EN BANC REHEARING IN BODY SHOPS’ INSURANCE ANTITRUST ACTION

The Eleventh Circuit voted to accept en banc rehearing in Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., 870 F.3d 1262 (11th Cir. 2017), a decision we covered here last September. The now-vacated panel decision, authored by Judge Wilson, had reversed the dismissal of antitrust and state-law claims asserted by auto-body-shop owners against a number of...

En Banc Reminder: Even Self-Serving and Uncorroborated Affidavits Can Preclude Summary Judgment

On January 31, 2018, the full Eleventh Circuit held “that an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated.” United States v. Stein, 2018 WL 635960 (11th Cir. Jan 31, 2018) (en banc). The court treated the case as an opportunity to bring its tax...

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