The Eleventh Circuit’s opinion in Corley v. Long-Lewis, Inc., 2020 WL 4006602 (11th Cir. July 16, 2020), delivered by Judge William Pryor, primarily concerned questions of appellate jurisdiction, all of which were resolved in favor of hearing the appeal. The multi-faceted procedural history set the stage for the issues of appellate jurisdiction: A case that…
Tag: Appellate jurisdiction
Eleventh Circuit Joins Majority of Circuits in Holding That FAA Prohibits Pre-Hearing Discovery From Non-Parties
After twenty years of litigation in Managed Care Advisory Group, LLC v. Cigna Healthcare, Inc., 2019 WL 4464301 (Sept. 18, 2019), the Eleventh Circuit issued a per curiam opinion reversing the enforcement of arbitral summonses and holding that the FAA implicitly withholds the power to compel documents from non-parties without summoning them to testify. Beginning…
Ponzi Scheme Victims Prevail over SEC Receiver on Due Process Grounds
In SEC v. Torchia, 2019 WL 1911823 (11th Cir. Apr. 30, 2019), the Eleventh Circuit held in favor of investors victimized by a Ponzi scheme, concluding that the investors were permitted to appeal the district court’s interlocutory orders regarding receivership proceedings and that they had been denied a meaningful day in court. The appeal arose…
Supreme Court Clarifies Law on Late-Filed Rule 23(f) Petitions
This week, the Supreme Court ruled that the 14-day deadline to file an interlocutory appeal of a district court’s class certification decision is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094, 2019 WL 920828 (U.S. Feb. 26, 2019). In Nutraceutical, after the district court issued a decision decertifying the class, the plaintiff…
Primary Defendants Tied to Liability for Damages in Class Actions Seeking Monetary Relief
In an opinion published June 14, 2017, Hunter v. City of Montgomery, 2017 WL 2634162, the Eleventh Circuit affirmed the lower court’s remand order under the home state exception to the Class Action Fairness Act (“CAFA”). The central issue was the classification of a party as one of the “primary defendants” within the meaning of CAFA….