Eversheds Sutherland 11th Circuit Business Blog
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Remediation Plans Don’t Necessarily Moot Independent Claims for Similar Injunctive Relief Under the ADA

Can a remediation plan designed to settle one lawsuit moot claims for similar injunctive relief in another case? Maybe in some contexts, but the Eleventh Circuit rejected that argument on the facts presented in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. June 19, 2018), an ADA dispute over website accessibility for the blind. Haynes had sued for declaratory and...

Presumption Against Extraterritoriality Applied to Alien Tort Statute in Jurisdictional Dispute over Folk Singer’s Death

A popular Chilean folk singer named Víctor Jara was tortured and killed in the wake of the 1973 military coup that toppled Salvador Allende’s government and brought Augusto Pinochet to power. Nearly 40 years later, Jara’s family discovered that his suspected killer, a former Chilean military officer named Pedro Pablo Barrientos Núñez, had moved to Florida and become a U.S. citizen....

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. ...

Secondhand Knowledge Held Insufficient to Qualify False Claims Act Relator as “Original Source”

In United States ex rel. Saldivar v. Fresenius Medical Care Holdings, Inc., 2016 WL 6595937 (11th Cir. Nov. 8, 2016), the Eleventh Circuit joined the Third, Seventh, Eighth, and Tenth Circuits holding that “secondhand” knowledge is insufficient to make someone an “original source” under the False Claims Act (FCA).  The plaintiff alleged in a qui tam action that the defendant had...

Native American Tribes Cannot Be Sued Under the ADEA

Native American tribes enjoy sovereign immunity from suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634.  This was the holding of the Eleventh Circuit’s published opinion in Williams v. Poarch Band of Creek Indians, 2016 WL 6081345 (11th Cir. Oct. 18, 2016).  This case clarifies principles of statutory interpretation and reaffirms the “razor-thin”...

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