In yet another opinion applying the Florida Supreme Court’s landmark decision in Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), the Eleventh Circuit affirmed denial of motions for judgment as a matter of law against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. in a published opinion upholding multi-million dollar jury…
Year: 2020
Oral Arguments to Be Live-Streamed
The Eleventh Circuit’s General Order No. 45 authorizes panels to hear argument by audio or teleconference, rather than in person, in light of the COVID-19 pandemic and resulting safety precautions. The arguments will be live-streamed to the public, at no charge, to the extent feasible (and not in cases that would not otherwise be argued…
Foundry Employees’ Action is a “Mass Action” Subject to Removal Under the Class Action Fairness Act
The Eleventh Circuit has clarified the scope of the “local event exception” to the federal-court jurisdiction over “mass actions” conferred by the Class Action Fairness Act (“CAFA”), holding that claims by former foundry employees against manufacturers and distributors of products used at the foundry are not within the exception. Spencer v. Specialty Foundry Prods. Inc.,…
Eleventh Circuit Restricts Physical Access to Courthouse, Provides Exemption from Paper Filing
The Eleventh Circuit’s General Order No. 44 (March 15, 2020) provides that: • Access to the Tuttle Courthouse and Godbold Building is restricted to judges, Court staff, members of the media, and visitors with official Court business; • Paper filings are to be made by delivery to the Court’s dropbox at the Godbold Building’s entrance…
Appellate Lapses Ding Body Shops’ Antitrust Appeal
In another appeal from the body shops vs. insurers antitrust MDL, Automotive Alignment & Body Service, Inc. v. State Farm Mutual Automobile Insurance Co., 2020 WL 1074420 (Mar. 6, 2020), the Eleventh Circuit first delved into two procedural questions arising from lapses by appealing plaintiffs, one concerning appealability; the other, reviewability. The appellants were three…
Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs
Although parties generally bear their own costs upon voluntary dismissal of a federal case, there are, as with most rules, exceptions. For example, pursuant to Federal Rule of Civil Procedure 41(d), if a plaintiff voluntarily dismisses an action and then files a second action “based on or including the same claim,” the court may: (1)…
Judge Andrew Brasher Confirmed to the Eleventh Circuit
The U.S. Senate confirmed U.S. District Judge Andrew Brasher’s nomination to the Eleventh Circuit with a 52-43 vote on February 11, 2020. Judge Brasher was previously sworn into office as a United States District Judge for the Middle District of Alabama on May 1, 2019. Prior to taking the bench, Judge Brasher served as Alabama’s…
Eleventh Circuit Holds That TCPA’s Definition of “Automatic Telephone Dialing System” Requires Use of Random or Sequential Number Generator
Addressing a question that has divided courts in a decision that will substantially affect the scope of liability under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit has held that equipment is not an “automatic telephone dialing system” under the TCPA unless the equipment employs random or sequential number generation and requires no human…
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…