Eversheds Sutherland 11th Circuit Business Blog
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FLSA Opt-Ins Become Party Plaintiffs Upon Filing Written Consents

In Mickles v. Country Club Inc., 2018 WL 1835316 (11th Cir. Apr. 18, 2018), the Eleventh Circuit held, considering a question of first impression in any circuit, that filing a written consent to proceed as a party plaintiff in an FLSA collective action confers party plaintiff status on the filer, even if no collective action is certified. Mickles filed her complaint in April 2014,...

The First Amendment Rises to the Top: State Cannot Prohibit Dairy from Describing its Skim Milk as “Skim Milk.”

The Creamery is a dairy farm in rural Florida which sells all-natural dairy items, including skim milk produced in the usual way: cream rises and is skimmed off, and the result is skim milk.  The Creamery does not replace the (fat soluble) Vitamin A lost in skimming.  But Florida law prohibits the sale of milk which is not “Grade A”—which requires, among other things, that Vitamin A...

Insurers May Be Liable for Double Damages for Failure to Reimburse Other Insurers Acting as “Medicare Advantage Organizations”

A divided panel of the Eleventh Circuit has joined the Third Circuit in holding that not only the government, but also a private insurer acting as a Medicare Advantage Organization (“MAO”), has a right of action for double damages when a primary payer fails to reimburse the MAO for payments the MAO has made. The case includes analysis of several provisions of the Medicare Act and a...

A Furnisher of Credit Data Must Make a Reasonable Investigation in Response to an Indirect Dispute, and Review of “Account-Level Documentation” May Be Required

In Hinkle v. Midland Credit Management, Inc., 2016 WL 3672112 (11th Cir. July 11, 2016), the Eleventh Circuit, addressing an issue of first impression, reversed summary judgment in favor of a credit data furnisher—a “down-the-line” buyer of charged-off debt—which had not requested or reviewed underlying account information after receiving a dispute from a consumer reporting agency...