Court Grants En Banc Rehearing in Employment Retaliation Case
Posted on Jun 17, 2019 in Employment Law and Employee Benefits | Comments Off on 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
Posted on Mar 6, 2019 in Civil Procedure | Comments Off on 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...
Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim (Opinion Vacated, and Petition for Rehearing En Banc Granted, October 4, 2019)
Posted on Oct 5, 2018 in Consumer Protection | Comments Off on Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim (Opinion Vacated, and Petition for Rehearing En Banc Granted, October 4, 2019)
On October 5, 2018, a panel of the Eleventh Circuit held that a plaintiff has standing to pursue a claim under the Fair and Accurate Credit Transactions Act (“FACTA”) if a merchant discloses too many digits of a credit card number on a receipt, even without subsequent misuse of the plaintiff’s identity or credit card. Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir....
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
Posted on Feb 4, 2018 in Civil Procedure | Comments Off on 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...