Forecasting A Rise In 11th Circ. State Court Class Actions

By Alec Schultz (September 7, 2022, 4:36 PM EDT) — Recent opinions from the U.S. Court of Appeals for the Eleventh Circuit have created a landscape that may result in a substantial increase of class action litigation in state courts in the Eleventh Circuit, particularly in Florida — class actions that will not be subject to removal to federal court.

In somewhat ironic fashion, defendants may find themselves frequently trapped in state court, unable to utilize removal tools such as the Class Action Fairness Act, as a result of opinions authored by judges who the national plaintiffs bar would not view as sympathetic to class litigation. Two different opinions have led…

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