Eversheds Sutherland 11th Circuit Business Blog
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Unlawful and Non-Competitive Parallel Conduct is Still Insufficient to State a RICO Claim

The Eleventh Circuit relied on Twombly’s heightened pleading standard in affirming a dismissal for failure to state a RICO claim in Almanza v. United Airlines, 2017 WL 957191 (11th Cir. Mar. 13, 2017). The plaintiff Mexican nationals, representing a putative class, were charged a tourism tax by the defendant airlines as part of their airfare, purportedly required under Mexican law,...

Patronage Capital Class Action Removable; Dismissal Affirmed

An electric cooperative organized under state law is nonetheless entitled to remove a putative class action to federal court under the “federal officer” removal statute, according to the Eleventh Circuit in Caver v. Central Alabama Electric Cooperative, 845 F.3d 1135 (11th Cir. 2017), which also affirmed dismissal of a complaint seeking immediate return of patronage capital. ...

Civil RICO Class Action Dismissal Affirmed

A civil RICO class action challenging Spirit Airlines’ “Passenger Usage Fee” landed for a second time in the Eleventh Circuit and this time the airline fared better: the court affirmed the dismissal of the amended complaint in a major opinion on RICO pleading standards authored by Judge Stanley Marcus. Ray v. Spirit Airlines, Inc., 2016 WL 4578347 (11th Cir. Sept. 2, 2016). The named...

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