Justia Class Action Opinion SummariesArticles Posted in US Court of Appeals for the Eleventh Circuit
Simring v. GreenSky, LLC
After determining that it has appellate jurisdiction and that the district court has subject matter jurisdiction, the Eleventh Circuit reversed the district court's remand of a putative class action to state court under the Class Action Fairness Act (CAFA), concluding that the district court erroneously applied the local controversy exception. The court disagreed with the district court's conclusion that greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are Florida citizens. The court remanded for further proceedings. View "Simring v. GreenSky, LLC" on Justia Law
Ruhlen v. Holiday Haven Homeowners, Inc.
The Eleventh Circuit concluded that it lacked jurisdiction to review the district court's sua sponte remand and therefore denied the petition for permission to appeal under the Class Action Fairness Act (CAFA). Plaintiffs, a group of current and former mobile homeowners and their homeowners' association, filed this action in Florida state court against numerous defendants, alleging violations of the Florida Antitrust Act and the Americans with Disabilities Act. After removal to federal court, the district court sua sponte remanded back to state court, reasoning that federal-question jurisdiction no longer existed because the amended complaint asserted only state law claims and that CAFA did not provide jurisdiction because a claim brought in a representative capacity under Florida Rule of Civil Procedure 1.222 "is not a class action, as that term is understood for CAFA jurisdiction."The court concluded that when a court sua sponte orders a remand, it is not "granting" its own "motion" within the meaning of 28 U.S.C. 1453(c)(1)—any more than it would be "denying" its own motion in the absence of such an order. Because the remand in this case was not ordered upon the motion of any party, the court concluded that section 1453(c)(1)'s exception does not apply here. View "Ruhlen v. Holiday Haven Homeowners, Inc." on Justia Law
McIntosh v. Royal Caribbean Cruises, Ltd.
In this maritime negligence case involving a "cruise to nowhere," plaintiff filed a class action complaint against Royal Caribbean, on behalf of other similarly situated cruise ship passengers, alleging several tort theories, including negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. Plaintiff alleged that Royal Caribbean canceled her cruise because of Hurricane Harvey and offered refunds only on the day the cruise ship was set to sail. Because the ticket contracts provided that no refunds would be given for passenger cancelations within 14 days of the voyage, and because Royal Caribbean repeatedly told passengers that they would lose their entire payments for the cruise if they canceled, the plaintiffs claimed that they were forced to travel to Galveston and nearby areas (like Houston) as Hurricane Harvey approached. Therefore, plaintiff alleged that, while in Texas, they were forced to endure hurricane-force conditions, and suffered physical and emotional injuries.The Eleventh Circuit reversed the district court's dismissal of the complaint for lack of subject matter jurisdiction and remanded for further proceedings. The court concluded that the district court committed two errors in ruling that diversity jurisdiction was lacking in this case, and each one provides an independent basis for reversal. First, the district court failed to give the plaintiffs notice of its intent to sua sponte address the matter of diversity jurisdiction. Second, putting aside the aggregation of damages issue, the district court failed to consider whether any individual plaintiff had satisfied the $75,000 amount-in-controversy requirement. On remand, the district court should also consider whether there is maritime jurisdiction. Because of the uncertainty over jurisdiction, the court did not address the class action waiver or the claims for intentional infliction of emotional distress and negligent infliction of emotional distress. View "McIntosh v. Royal Caribbean Cruises, Ltd." on Justia Law
Rensel v. Centra Tech, Inc.
The Eleventh Circuit vacated the district court's order denying plaintiffs' motion for class certification and remanded for further proceedings. Plaintiffs' action alleged that Centra Tech and some of its principals violated the Securities Act of 1933 in their efforts related to the initial coin offering of Centra Tokens.The court concluded that, under the circumstances of this case, including the near omnipresence of an automatic discovery stay imposed by the Private Securities Litigation Reform Act (PSLRA) whenever a motion to dismiss is pending -- in effect for just under fifteen of the eighteen months between the initial complaint and plaintiffs' certification motion -- the district court's timeliness holding was an abuse of discretion. The court also concluded that the district court erred when it denied certification on the alternative ground that plaintiffs had not established an administratively feasible method for identifying class members. The court explained that Federal Rule of Civil Procedure 23 implicitly requires that a proposed class be ascertainable. However, the court's recent decision in Cherry v. Dometic Corp., 986 F.3d 1296, 1304 (11th Cir. 2021), clarified that to meet this ascertainability requirement, the party seeking certification need not establish its ability to identify class members in a convenient or administratively feasible manner. The court noted that considerations of administrative feasibility may still be relevant to Rule 23(b)(3)(D) manageability analysis. View "Rensel v. Centra Tech, Inc." on Justia Law
Shiyang Huang v. Equifax Inc.
This appeal arose out of the 2017 data privacy breach of Equifax and its affiliates. Plaintiffs and Equifax eventually settled their dispute, the district court approved the settlement, certified the settlement class, awarded attorney's fees and expenses, and approved incentive awards for the class representatives. Several of the objectors appealed.After establishing jurisdiction, the Eleventh Circuit affirmed the district court's rulings in full, with the exception of the incentive awards for the class representatives, which the court reversed and remanded. In this case, after awarding attorney's fees and expenses to plaintiffs' counsel, the district court approved incentive awards for the class representatives in order to compensate them for their services and the risks they incurred on behalf of the class. However, in Johnson v. NPAS Sols., LLC, 975 F.3d 1244, 1260 (11th Cir. 2020), a panel of this court held that incentive awards for class representatives are prohibited. On remand, the court instructed the district court to vacate the incentive award and to otherwise leave the settlement agreement intact. View "Shiyang Huang v. Equifax Inc." on Justia Law
Smith v. Bokor
Three plaintiffs, seeking to represent a putative class of 3,000 nursing facility residents, filed a class action complaint against (MMI) and its president in Florida state court. After defendants removed to the district court, the district court removed back to state court under the Class Action Fairness Act (CAFA).The Eleventh Circuit reversed and remanded for further proceedings, concluding that the district court erred in finding that the evidence was sufficient to establish that two-thirds of the putative class were Florida citizens. The court explained that the studies, surveys, and census data that plaintiffs provided, which do not directly involve plaintiffs in this case, are not sufficient to establish that a certain percentage of the plaintiff class are citizens of Florida. The court agreed with the district court's conclusion that plaintiffs satisfied the "significant defendant" requirement in 28 U.S.C. 1332(d)(4)(A)(i)(II)(aa). Because the court found that plaintiffs failed to meet the local controversy exception's state citizenship requirement, however, the district court erred in remanding this matter to state court. Finally, to the extent that the remand order was based on the discretionary exception, the district court erred in failing to find that MMI is a primary defendant and not a Florida citizen. View "Smith v. Bokor" on Justia Law
Cherry v. Dometic Corporation
Putative class representatives do not have to prove the existence of an administratively feasible method to identify absent class members as a precondition for certification of a class action under Federal Rule of Civil Procedure 23. Plaintiffs, owners of allegedly defective refrigerators manufactured by Dometic Corporation, as putative class representatives, moved to certify a class of similarly situated owners. The district court denied certification based on plaintiffs' failure to prove administrative feasibility, and dismissed the action because, in its view, the denial of class certification divested it of subject matter jurisdiction.The Eleventh Circuit vacated the district court's order denying class certification and dismissing the action, holding that the doctrines of invited error and forfeiture do not bar the court's consideration of the issue of administrative feasibility; administrative feasibility is relevant under Rule 23(b)(3) but is not a prerequisite of certification; and jurisdiction under the Class Action Fairness Act does not depend on class certification. Accordingly, the court remanded for further proceedings. View "Cherry v. Dometic Corporation" on Justia Law
Medical & Chiropractic Clinic, Inc. v. Oppenheim
The Tampa Bay Buccaneers were sued in at least five class action complaints, each one alleging that the Buccaneers sent telefax advertisements in violation of the Telephone Consumer Protection Act (TCPA). In one class action, lawyers from the AW Firm, who had previously filed suit on behalf of a different plaintiff, added another class action representative, M&C. Shortly after an unsuccessful mediation was conducted, defendant, an attorney at the AW Firm who was principally involved in the mediation, left the firm to join the Bock Firm. The Bock Firm then filed a separate class action against the Buccaneers, which resulted in a proposed settlement.M&C then filed suit against the Bock Firm in state court, alleging that they had breached fiduciary duties owed to it as a named class representative. M&C and its counsel claimed that defendant gave attorneys at the Bock Firm confidential information about settlement negotiations in the AW Firm's class action, which assisted the Bock Firm in settling their class action quickly and to the detriment of the class. The district court granted summary judgment for defendant and the Bock Firm.The Eleventh Circuit held that the duties owed to a class representative do not differ from the duties owed to a class. The court also clarified the duties owed by class counsel in class actions generally and in the context of this case specifically. In this case, the court determined that in filing this action M&C and a principal at the AW Firm launched an impermissible collateral attack on the Bock Firm's attempt to certify and settle a class action. The court explained that their assertions should have been made only before the court that was exercising jurisdiction over the Rule 23 putative class action — the court in which the request to certify a settlement class and approve the settlement was made. The court found no error in the district court's determination that M&C failed to establish that it was damaged by any alleged breach of a fiduciary duty owed to it by defendant. Accordingly, the court affirmed the district court's grant of summary judgment in favor of defendant and the Bock Firm. View "Medical & Chiropractic Clinic, Inc. v. Oppenheim" on Justia Law
Muransky v. Godiva Chocolatier, Inc.
Plaintiff filed suit alleging that Godiva chocolate stores had printed too many credit card digits on hundreds of thousands of receipts over the course of several years, and pointed out that those extra numbers were prohibited under a federal law aimed at preventing identity theft. After the parties agreed on a class settlement, the Supreme Court issued Spokeo, Inc. v. Robins, which held that a party does not have standing to sue when it pleads only the bare violation of a statute.The Eleventh Circuit held that plaintiff has no standing because he alleged only a statutory violation and not a concrete injury. In this case, plaintiff alleged that a cashier handed him a receipt containing some of his own credit card information printed on it. Although the receipt violated the law because it contained too many digits, the court explained that plaintiff has alleged no concrete harm or material risk of harm stemming from the violation. Therefore, this amounts to nothing more than a "bare procedural violation, divorced from concrete harm." Consequently, the court cannot evaluate the fairness of the parties' settlement and vacated the district court's order approving it. View "Muransky v. Godiva Chocolatier, Inc." on Justia Law
Fox v. The Ritz-Carlton Hotel Company, LLC
Plaintiff, on behalf of himself and individually, filed a class action alleging that the Ritz-Carlton violated the Florida Deceptive and Unfair Trade Practices Act and Florida's tax regulations. Plaintiff's complaint stemmed from allegations that he and others paid illegal automatic gratuities and sales taxes at Ritz-Carlton’s forty-nine restaurants in Florida over the last four years. The district court dismissed the complaint for lack of subject matter jurisdiction based on lack of standing. The district court also dismissed the tax refund claim for lack of subject matter jurisdiction based on plaintiff's failure to exhaust his administrative remedies.The Eleventh Circuit affirmed the dismissal of the tax refund claim based on exhaustion grounds. However, the court held that the district court erred in finding that plaintiff did not have standing to represent the class because he only paid the illegal automatic gratuity at three of Ritz-Carlton's restaurants. The court agreed with plaintiff that the class complaint alleged in good faith that the amount-in-controversy for the hundreds of thousands of Ritz-Carlton guests in Florida that unlawfully paid an automatic gratuity over the last four years exceeded $5 million. Accordingly, the court reversed in part and remanded for further proceedings. View "Fox v. The Ritz-Carlton Hotel Company, LLC" on Justia Law