Eleventh Circuit Emphasizes Importance of Striking Shotgun Pleadings
Posted on Jan 28, 2020 in Civil Procedure | Comments Off on Eleventh Circuit Emphasizes Importance of Striking Shotgun Pleadings
In a consolidated appeal of two cases filed against banking institutions, the Eleventh Circuit expressed frustration over being “forced to review a judgment that should never have been entered.” Estate of Bass v. Regions Bank, Inc., 2020 WL 284094 (11th Cir. Jan. 21, 2020). Rather than striking the complaints as impermissible shotgun pleadings and allowing the plaintiff an...
Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
Posted on Dec 19, 2019 in Insurance | Comments Off on 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...
Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Posted on Nov 25, 2019 in Class Actions | Comments Off on Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification
Courts coping with overbroad class definitions that include uninjured class members have produced a cacophony of opinions. A first question often addressed in these opinions is whether the problem is one of Article III standing or of meeting Rule 23’s class certification requirements, or both. Senior Judge Stanley Marcus’ opinion for the Eleventh Circuit in Cordoba v. DirecTV, LLC,...
Alleged Economic Loss from Purchasing Illegal Dietary Supplements Is Sufficient to Establish Standing
Posted on Nov 20, 2019 in Jurisdiction | Comments Off on Alleged Economic Loss from Purchasing Illegal Dietary Supplements Is Sufficient to Establish Standing
Allegations that plaintiffs suffered an economic loss when they bought dietary supplements prohibited by a federal statute are sufficient to establish standing to bring a class action against the supplement manufacturer and distributor, according to the Eleventh Circuit. In Debernardis v. IQ Formulations, LLC, 2019 WL 5996589 (11th Cir. Nov. 14, 2019), two individual plaintiffs brought...
Legal Challenge by Frustrated Supporters of 2016 Bernie Sanders Campaign Rejected
Posted on Oct 29, 2019 in Jurisdiction | Comments Off on Legal Challenge by Frustrated Supporters of 2016 Bernie Sanders Campaign Rejected
As the country approaches the next presidential election in 2020, the Eleventh Circuit closed the book on a putative class action filed by supporters of Bernie Sanders during his last bid for the Democratic Party’s nomination in 2016. Wilding v. DNC Services Corp., 2019 WL 5539021 (11th Cir. Oct. 28, 2019), “pit[ted] a political party against some of its supporters,” who alleged that...