Eversheds Sutherland 11th Circuit Business Blog
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“Local Controversy” CAFA Exception Not Established by Proof of Class Citizenship

An inartfully pleaded class definition coupled with a failure of proof was enough to prevent a class-action plaintiff from invoking the Class Action Fairness Act’s “local controversy” exception to avoid removal from the sheltering arms of a Florida circuit court, according to the Eleventh Circuit in Simring v. GreenSky, LLC, 2022 U.S. App. LEXIS 8002 (11th Cir. Mar. 28, 2022). The...

Court Affirms Summary Judgment in Employer’s Favor on ERISA Claims Arising from Discontinuation of Life Insurance

In Klaas v. Allstate Insurance Co., 2021 U.S. App. LEXIS 38473 (11th Cir. Dec. 28, 2021), the Eleventh Circuit affirmed summary judgment in the employer’s favor on ERISA claims stemming from the employer’s discontinuation of retirees’ life insurance benefits. Until 2013, Allstate provided eligible Allstate employees with life insurance that continued after the employee’s retirement....

Strike While the Arbitration Award Is Hot: Three-Month Window to File Motion to Vacate Does Not Prevent Earlier Confirmation

The Federal Arbitration Act provides for motions to confirm (9 U.S.C. § 9) or to vacate or modify (9 U.S.C. §§ 10, 11) an arbitration award, but the motions are not all subject to the same deadline. A motion to confirm may be filed within a year after the award is made, whereas the window for filing a motion to vacate or modify is only three months. (Compare id. § 9, with § 12.) But...

Class Claims for Declaratory and Supplemental Relief Remanded to State Court

In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding “supplemental relief.”   Leroy Mack brought an...

ERISA’s Fee-Shifting Provision Permits Awards Against Parties, Not Attorneys

Does ERISA’s fee-shifting provision, 29 U.S.C. § 1132(g)(1), permit a court to award fees against a party’s counsel?  Deciding this issue of first impression that has divided district courts within and without the Eleventh Circuit, the court in Peer v. Liberty Life Assurance Co. of Boston, 2021 WL 1257440 (11th Cir. Apr. 6, 2021), held that it does not.  Although the...

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