No Class-Action Tolling for Chiquita Terrorism Plaintiffs
Posted on Sep 15, 2022 in Class Actions | Comments Off on No Class-Action Tolling for Chiquita Terrorism Plaintiffs
The court was presented with a set of exotic facts in Garcia v. Chiquita Brands International, 2022 U.S. App. LEXIS 25192 (11th Cir. Sept. 8, 2022), but applied two familiar principles of civil procedure to decide the relatively narrow issues on appeal. The decision was the court’s second in the controversy arising from Chiquita’s guilty plea to unlawfully funding a paramilitary...
Supreme Court Clarifies Law on Late-Filed Rule 23(f) Petitions
Posted on Mar 1, 2019 in Class Actions | Comments Off on Supreme Court Clarifies Law on Late-Filed Rule 23(f) Petitions
This week, the Supreme Court ruled that the 14-day deadline to file an interlocutory appeal of a district court’s class certification decision is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094, 2019 WL 920828 (U.S. Feb. 26, 2019). In Nutraceutical, after the district court issued a decision decertifying the class, the plaintiff filed a motion for...
Eleventh Circuit Rules Against EEOC Finding Age Discrimination in Hiring Claims Cannot Be Based on Disparate Impact Theory
Posted on Oct 11, 2016 in Employment Law and Employee Benefits | Comments Off on Eleventh Circuit Rules Against EEOC Finding Age Discrimination in Hiring Claims Cannot Be Based on Disparate Impact Theory
May a job applicant sue a prospective employer based on a policy that had an adverse and disproportionate effect on him because of his age? The Eleventh Circuit, in an en banc opinion published October 5, 2016, Villarreal v. R.J. Reynolds Tobacco Co., Pinstripe, Inc., 2016 WL 5800001, ruled that only employees may bring a disparate impact claim under the Age Discrimination in...
Ask Not for Whom the Securities Exchange Act’s Statute of Repose Tolls; It Doesn’t.
Posted on Aug 11, 2016 in Class Actions, Securities | Comments Off on Ask Not for Whom the Securities Exchange Act’s Statute of Repose Tolls; It Doesn’t.
Is a statute of repose subject to tolling? Although its holding was limited to the applicability of American Pipe tolling, created by the commencement of a class action, to the five-year statute of repose under Section 20(a) of the Securities Exchange Act of 1934, the Eleventh Circuit discussed the issue in broad terms in its August 10 opinion in Dusek v. JPMorgan Chase & Co., 832...