Full Court to Rehear Uninjured Class Member TCPA Standing Case
Posted on Mar 16, 2023 in Class Actions | Comments Off on Full Court to Rehear Uninjured Class Member TCPA Standing Case
The en banc Eleventh Circuit announced on March 13 that it would rehear Drazen v. Pinto and vacated the panel opinion. As discussed in our post on the panel decision, the case addresses whether class members who lack Article III standing with respect to the claims asserted by the class are nonetheless permitted to receive benefits from a class settlement. The case also features a...
Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
Posted on Nov 3, 2020 in Consumer Protection | Comments Off on Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that the...
En Banc Court Affirms Summary Judgment in Sharply Divided Decision
Posted on Aug 6, 2020 in Employment Law and Employee Benefits | Comments Off on En Banc Court Affirms Summary Judgment in Sharply Divided Decision
In Gogel v. Kia Motors Manufacturing of Georgia, Inc., 2020 WL 4342677 (11th Cir. July 29, 2020), a divided en banc court affirmed the grant of summary judgment to an employer on retaliation claims under Title VII and § 1981, reversing the original panel opinion and producing some testy exchanges among members of the court. Plaintiff Gogel alleged that she was the victim of gender and...
FACTA Injury/Standing Case to Be Reheard En Banc
Posted on Oct 4, 2019 in Consumer Protection | Comments Off on FACTA Injury/Standing Case to Be Reheard En Banc
The Eleventh Circuit has vacated the panel opinion in Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir. Oct. 3, 2018), which held that a merchant’s disclosure of too many digits of a credit card number was sufficient to confer Article III standing even without subsequent misuse of the credit card, and has ordered that the case be reheard en banc. Our post about the...
Police Detective Can’t Be Fired for Inability to Receive Taser Shock, Holds Divided Panel on Remand from En Banc Court
Posted on Aug 22, 2019 in Employment Law and Employee Benefits | Comments Off on 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...