Eversheds Sutherland 11th Circuit Business Blog
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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...

Judge William Pryor Becomes Chief Judge of Eleventh Circuit

The Eleventh Circuit welcomed a new chief judge this week, as the Hon. William H. Pryor Jr. replaced the Hon. Ed Carnes in that role on the latter’s seventieth birthday, in accordance with 28 U.S.C. § 45. Judge Carnes had previously given notice of his intention to take senior status, and District Judge Andrew Brasher (of the Middle District of Alabama) has already been confirmed to...

Judge Andrew Brasher Confirmed to the Eleventh Circuit

The U.S. Senate confirmed U.S. District Judge Andrew Brasher’s nomination to the Eleventh Circuit with a 52-43 vote on February 11, 2020.  Judge Brasher was previously sworn into office as a United States District Judge for the Middle District of Alabama on May 1, 2019.  Prior to taking the bench, Judge Brasher served as Alabama’s Solicitor General and as law clerk to Judge William...