In Lubin v. Starbucks Corp., 2024 WL 5113125 (11th Cir. Dec. 16, 2024), the Eleventh Circuit rejected an employer’s attempt to compel arbitration of claims brought by a former employee’s husband, where he had not signed an agreement with the employer and his claims were not sufficiently related to his wife’s employment agreement. The decision…
Tag: Judge Barbara Lagoa
Divided Panel Affirms Remand of COVID-Related Claims to State Court
A resident of a Florida assisted living facility died shortly after contracting COVID-19. The representatives of her estate brought an action in state court against the owners and operators of the facility, alleging that the defendants failed to prevent the spread of the virus at the facility and asserting only state-law claims. The defendants removed…
But-For Causation Required for Employees to Succeed on FMLA Retaliation Claims
An employee bringing a retaliation claim under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54 must prove that the retaliation was the but-for cause of termination. Lapham v. Walgreen Co., 2023 WL 8609244 (11th Cir. 2023). Doris Lapham, an employee of Walgreens for almost ten years, sought leave under FMLA so that…
Failure of Loss Causation Does Not Negate Standing in § 10(b) Securities Fraud Action
The Eleventh Circuit recently held that Article III standing is not negated by a failure to state a claim on loss causation grounds. Carpenters Pension Fund of Ill. v. MiMedx Grp., Inc., 73 F.4th 1220 (11th Cir. 2023). Carpenters, the lead plaintiff in this consolidated securities class action, purchased and sold stock in MiMedx, a…
Plaintiff Has Standing to Assert Agency-Based TILA Claim Against Home-Improvement Financing Company
A plaintiff had Article III standing to bring a Truth in Lending Act (“TILA”) claim against a home improvement financer, based on a theory that a heating and air conditioning contractor company acted as agent for the financer. Walters v. Fast AC, Ltd. Liab. Co., 60 F.4th 642 (11th Cir. 2023) Gary Walters, a 70-year-old…
No Right to Interlocutory Appeal of Order Compelling Insurance Appraisal
A divided Eleventh Circuit panel held that an order compelling an appraisal under an insurance policy provision and staying the litigation pending the appraisal’s outcome is not appealable of right. Positano Place at Naples I Condo Ass’n, Inc. v. Empire Indemnity Insurance Co., 2023 WL 3730876 (11th Cir. May 31, 2023)…
No Safe Harbor in Florida If Financing Statement Misnames the Debtor
As we reported here, the Eleventh Circuit recently certified to the Florida Supreme Court a series of questions about the consequences under Florida law of a misnamed debtor in a UCC-1 financing statement. Florida law provides that a financing statement is “seriously misleading” if it does not include the debtor’s correct name, but provides a…
Post-Petition Payment of Section 503(b)(9) Claims Does Not Reduce a Creditor’s New Value Preference Defense
The Eleventh Circuit has held that amounts paid post-petition for an administrative expense claim under Section 503(b)(9) of the Bankruptcy Code do not reduce the “new value” otherwise available to the creditor as a defense to a preference claim. Auriga Polymers Inc. v. PMCM2, LLC, 2022 U.S. App. LEXIS 19761 (11th Cir. July 18, 2022)….
Fair Debt Collection Laws May Apply to Mortgage Statements
Answering a question of first impression for the court, the Eleventh Circuit held in Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022), that a mortgage statement submitted to a borrower may, under certain circumstances, constitute a communication in connection with a debt that is subject to the…
Plaintiff’s Coal Gasification Claims Go Up in Smoke, $13 Million Verdict on Defendant’s Counterclaim Remains
In MidAmerica C2L Inc. v. Siemens Energy Inc., 25 F.4th 1312 (11th Cir. Feb. 15, 2022), the Eleventh Circuit rejected an appeal from a $13.2 million verdict for the defendant in a lawsuit over coal gasification equipment. In an opinion written by Judge Barbara Lagoa and joined by Judges Newsom and Branch, the court affirmed,…