Eversheds Sutherland 11th Circuit Business Blog
content top

Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim

The Eleventh Circuit has 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. Oct. 3, 2018). Muransky filed...

Court Revives two Employment Discrimination Suits

The court this week published two employment discrimination opinions.  In one, the court affirmed summary judgment for the Korean-owned defendant on the plaintiff’s claims that she had been discriminated against because she was a woman and an American, but revived her claim that she had been fired in retaliation for complaining.  Gogel v. Kia Motors Manufacturing of Georgia, Inc., 2018...

Spirited Court Widens Circuit Split Over Who Decides Class Arbitrability

In Spirit Airlines, Inc. v. Maizes, 2018 WL 3866335 (11th Cir. Aug. 15, 2018), the Eleventh Circuit concluded that an arbitration agreement providing that the rules of the American Arbitration Association (“AAA”) will cover all disputes constitutes clear and unmistakable evidence that the parties intended for an arbitrator to decide whether class arbitration is available. Members of a...

A Default in Proceeding with Arbitration Does Not Necessarily Authorize a Default Judgment in Federal Court

In Hernandez v. Acosta Tractors Inc., 2018 WL 3761126 (11th Cir. Aug. 8, 2018), the Eleventh Circuit held that a party’s default in proceeding with arbitration after requesting it did not necessarily warrant entry of default judgment against that party in federal court. Julio Hernandez sued his former employer, Acosta Tractors, and two of its officers under the Fair Labor Standards...

Eleventh Circuit Declines to Revisit Dreadlocks Discrimination Case En Banc

Nearly a full year after issuing a revised opinion supporting an initial holding that hairstyles and other “cultural characteristics”—like dreadlocks—cannot form the basis for a Title VII claim of intentional racial discrimination, the Eleventh Circuit denied the Equal Employment Opportunity Commission’s petition for rehearing en banc in EEOC v. Catastrophe Management Solutions (CMS),...

« Older Entries