In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding…
Author: Valerie Sanders
Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA
Note: on November 17, 2021, the court ordered that this case be reheard en banc. In Hunstein v. Preferred Collection & Management Services, Inc., 2021 WL 1556069 (11th Cir. Apr. 21, 2021), the Eleventh Circuit held that a consumer had standing to challenge a debt collector’s provision of the consumer’s information to a third-party mail…
Appeal on the Merits Untimely, and Costs Award to Defendant Under Rule 68 Affirmed, in FLSA Case
In a hectic end to 2020, we almost overlooked an interesting appellate procedure opinion affecting FLSA cases, Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934 (11th Cir. 2020). In Vasconcelo, the Eleventh Circuit dismissed an FLSA plaintiff’s appeal on the merits as untimely; affirmed the district court’s attorneys’ fees award, which awarded less than…
Court Rejects Challenges to SEC Subpoenas
The Eleventh Circuit rejected jurisdictional and relevance challenges to SEC subpoenas in SEC v. Marin, 982 F.3d 1341 (11th Cir. 2020). The SEC issued subpoenas to Carla Marin and MinTrade Technologies pursuant to a formal order of investigation (“FOI”) authorizing the Commission to investigate whether a Tampa-based limited liability company called Traders Café, and its…
Summary Judgment for Defendants Affirmed in Securities Fraud Case
In Whitehead v. BBVA Compass Bank, 2020 WL 6536897 (11th Cir. Nov. 6, 2020), the Eleventh Circuit affirmed summary judgment in favor of the defendant bank and bank officer on the plaintiff’s claims for securities fraud. The plaintiff, an investor, claimed that the defendants wrongfully failed to inform him of the risks involved in acquiring…
Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that…
Eleventh Circuit Sets the Bar for Bar Orders
In SEC v. Quiros, 966 F.3d 1195 (July 20, 2020), the Eleventh Circuit held that the district court abused its discretion when it entered a bar order extinguishing non-parties’ claims, because entry of the order was not necessary to resolve the parties’ dispute. In 2016, the SEC filed a civil enforcement action against Ariel Quiros,…
Eleventh Circuit Reverses Forum Non Conveniens Dismissal
In Otto Candies, LLC v. Citigroup, Inc., 2020 WL 3550680 (11th Cir. July 1, 2020), the Eleventh Circuit reversed the forum non conveniens dismissal of a complaint brought by two U.S. plaintiffs, and 37 foreign plaintiffs, against U.S.-based Citigroup. The plaintiffs, asserting RICO, fraud, and other state-law claims, alleged that they had contracted with or…
Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called
The Eleventh Circuit has joined the Second in holding that consent to be called using an autodialer and/or prerecorded messages, given as part of a contract, cannot be unilaterally withdrawn. Medley v. DISH Network, LLC, 2020 WL 2092594 (11th Cir. May 1, 2020). Linda Medley entered into a 24-month agreement with DISH Network to receive…
Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens. City of Miami Gardens v. Wells Fargo & Co.,…