In Silva v. Baptist Health South Florida, Inc., 2017 WL 1830158 (11th Cir. May 8, 2017), the Eleventh Circuit clarified the standard for liability for ADA and RA effective-communication claims against hospitals. The court held that “the relevant inquiry is whether the hospitals’ failure to offer an appropriate auxiliary aid impaired the patient’s ability to…
Deference on All Fronts to Government Settling Qui Tam Action
Deference runs throughout a decision published last week, United States v. Everglades College, Inc., 2017 WL 1658478 (11th Cir. May 3, 2017), where the court issued four holdings in connection with the government’s settlement of a False Claims Act qui tam action relating to federal financial aid funds under Title IV of the Higher Education Act of 1965….
To Bar, or Not to Bar: That Is the Certified Question
How long after winning a judgment in the federal court can a Florida plaintiff conduct post-judgment collection efforts? That is the question at the heart of Salinas v. Ramsey, 2017 WL 1593469 (11th Cir. May 2, 2017). The issue has been decided differently in cases before the Florida District Courts of Appeal, and so Tuesday, the Eleventh Circuit…
Dismissal of VPPA Class Action Against CNN Affirmed, But Spokeo Standing Upheld
The Eleventh Circuit affirmed the dismissal of a putative class action against CNN in a case concerning the CNN app that the plaintiff downloaded to his iPhone. Perry v. Cable News Network, Inc., 2017 WL 1505064 (11th Cir. Apr. 27, 2017). The plaintiff Perry alleged that CNN violated the Video Privacy Protection Act (“VPPA”) by…
For FMLA Retaliation Claims, It’s the End-of-Leave Date that Counts
The Eleventh Circuit has held that the end of FMLA leave, not the beginning, is the relevant date for determining “close temporal proximity” between protected activity and an adverse employment action when evaluating an FMLA retaliation claim. Jones v. Gulf Coast Health Care of Delaware, LLC, 2017 WL 1396165 (11th Cir. Apr. 19, 2017). Rodney…
Asset Buyer Not Bound by Lanham Act Injunction Without Proof of Actual Notice
The buyer of most of the operating assets of a company subject to a Lanham Act injunction was held by the Eleventh Circuit not to be subject to the injunction, even though the seller’s CEO and owner became president and part-owner of the buyer as part of the sale. ADT LLC v. NorthStar Alarm Services,…
Plaintiff in Sexual-Orientation Discrimination Case Files En Banc Petition, Highlighted by Newly Created Circuit Split
A high-profile Seventh Circuit decision and a circuit split may increase the likelihood of the Eleventh Circuit granting rehearing en banc in Evans v. Georgia Regional Hospital, a decision we covered here last month. A divided panel in Evans held that—unlike discrimination based on gender non-conformity—discrimination based on sexual orientation is not prohibited by Title…
Dual Citizenship Does Not Create CAFA Jurisdiction
Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff…
Eleventh Circuit Begins Posting Oral Arguments to Public Website
After years of quiet reluctance, the Eleventh Circuit has finally begun posting oral-argument recordings on its website. The court thus joins the U.S. Supreme Court and the majority of U.S. Courts of Appeals that already make recordings of oral arguments publicly available online. The court’s change in policy toward oral-argument recordings is reflected in amendments to…
When Confirming Diversity of Citizenship, Trust—but Verify
In Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 WL 1046103 (11th Cir. Mar. 20, 2017), the Eleventh Circuit reminded litigants and their counsel that it is critical to confirm the citizenship of all relevant corporate entities in determining the existence of diversity jurisdiction, but reversed the district judge’s order imposing “inherent power” sanctions on…