Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Affirms Dismissal With Prejudice of Auto Shops’ RICO Complaint Against Insurers

The Eleventh Circuit has affirmed the dismissal with prejudice of a putative class action brought by auto body collision repair shops against dozens of insurers and alleging RICO violations, fraud, and unjust enrichment.  Crawford’s Auto Center, Inc. v. State Farm Mutual Automobile Insurance Co., 2019 WL 6974428 (Dec. 20, 2019). The plaintiffs alleged that the defendant insurers...

Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory

An automobile insurer’s “Lessor Liability Endorsement” is not illusory, notwithstanding the fact that federal law bars claims of vicarious liability against vehicle lessors, because the endorsement imposes upon the insurer a duty to defend lessors against vicarious liability claims.  Hallums v. Infinity Ins. Co., 2019 WL 6872507 (11th Cir. Dec. 17, 2019). The plaintiffs entered into...

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...

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...

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....

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