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…
Tag: Judge Robert Luck
Dual Jobs and Dueling Opinions: Divided Panel Reverses Summary Judgment in Employer’s Favor in FLSA Case
A divided panel of the Eleventh Circuit reversed summary judgment for the employer on an employee’s Fair Labor Standards Act (“FLSA”) claims in Rafferty v. Denny’s, Inc., 13 F.4th 1166 (11th Cir. 2021). Lindsay Rafferty, who had been a Denny’s server, claimed that the restaurant violated the FLSA in paying her sub-minimum wage for time…
Robert Luck and Barbara Lagoa Sworn In as Eleventh Circuit Judges
Two Miami-born, Florida Supreme Court justices have been sworn in to the Eleventh Circuit. Both judges served on Florida’s high court for less than a year before being nominated to the Eleventh Circuit by President Trump in September. Judge Luck, 40, was confirmed by the U.S. Senate by a vote of 64 to 31 in…