Eversheds Sutherland 11th Circuit Business Blog
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NO STATE ACTION ANTITRUST IMMUNITY FOR CITY’S ALLEGED TYING ARRANGEMENT

The City of LaGrange, Georgia was held not to be immune from antitrust liability based on its claim that its actions were authorized by the state, according to the Eleventh Circuit’s August 20, 2019 decision in Diverse Power, Inc. v. City of LaGrange, 2019 WL 3928624. The city provides exclusive water services to its residents and also provides water to users outside the city limits....

POLICE DETECTIVE CAN’T BE FIRED FOR INABILITY TO RECEIVE TASER SHOCK, HOLDS DIVIDED PANEL ON REMAND FROM EN BANC COURT

On August 15, 2019, the Eleventh Circuit decided the employment discrimination case of Lewis v. City of Union City, 2019 WL 3821804, that had been remanded from the en banc court, having decided that the appropriate standard for comparator evidence is whether the proposed comparators are “similarly situated in all material respects.” The panel’s new opinion greatly resembles its first...

Judge Tjoflat to Take Senior Status

Judge Gerald B. Tjoflat, the longest-serving federal judge in active service, has announced his intention to take senior status. Judge Tjoflat was appointed to the federal bench by President Nixon and to the then-Fifth Circuit by President Ford. In 1995, the Duke Law Journal published this tribute to Judge Tjoflat by Chief Justice Rehnquist, among...

NO MULTIPLIER FOR HOME DEPOT CLASS ACTION LODESTAR FEE AWARD

In a class action settlement, one of the most difficult issues for negotiation is often how—and how much—class counsel will be paid.  In many cases, a cap on the fee is negotiated:  the defendant agrees not to object to a fee application within the cap, which can be a percentage of the so-called “common fund” received by the class in the settlement, or a fixed amount.  Less common is...

Jury Verdict for FDIC vs. Failed Bank Directors, Officers Upheld

The Eleventh Circuit may have closed the final chapter in the long-running litigation over the failure of the Buckhead Community Bank by affirming a $5 million jury verdict against a group of the bank’s former directors and officers.  FDIC v. Loudermilk, 2109 WL 3282609 (11th Cir. July 22, 2019).  A previous, related court decision during the controversy had disrupted settled...

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