AA SUNCOAST CHIROPRACTIC CLINIC, P.A.
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY
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[1] Injunctive relief under Federal Rule of Civil Procedure 23(b)(2) is inappropriate when the requested relief is primarily retrospective and seeks to redress past harms rat…
[2] Declaratory relief, like injunctive relief, requires a likelihood of future harm to establish Article III standing.
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Mack v. USAA Cas. Ins. Co., 994 F.3d 1353 (11th Cir. 2021)…to sue for a declaratory judgment about the method it uses to assess payments under the policy. To argue for a contrary result, USAA relies on this Court's analysis in AA Suncoast Chiropractic Clinic, P.A. v. Progressive American Insurance Company, 938 F.3d 1170 (11th Cir. 2019). The question in AA Suncoast was whether the district court had erred in certifying an injunction class under Federal Rule of Civil Procedure 23(b)(2). See AA Suncoast, 938 F.3d at 1172. A class action may be maintained under Rule 2…
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Anderson v. Wilco Life Ins. Co., 943 F.3d 917 (11th Cir. 2019)…tiff's requested injunctive relief was "an injunction against continuing violations of Florida law”—which this Court called a “tag-along prayer for injunction." Id. at 1358; see also AA Suncoast Chiropractic Clinic, P.A. v. Progressive Am. Ins. Co., 938 F.3d 1170, 1175–79 (11th Cir. 2019) (concluding that the injunction requested by a class action plaintiff was merely a de minimis request and the class action was all about obtaining money damages for past injuries). In stark contrast, Anderson's injunctive d…
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State Farm Mut. Auto. Ins. Co. v. Complete Care Ctrs., LLC (M.D. Fla. 2024)…laintiff is seeking injunctive or declaratory relief, a plaintiff must allege facts from which it appears there is a substantial likelihood that he will suffer injury in the future." AA Suncoast Chiropractic Clinic, P.A. v. Progressive Am. Ins. Co., 938 F.3d 1170, 1179 (11th Cir. 2019) (quotation omitted). The Eleventh Circuit "has acknowledged the plaintiff's need to show the likelihood of injury as a prerequisite for standing to obtain equitable relief," Cone Corp. v. Fla. Dep't of Transp., 921 F.2d 1190,…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (18 total)
- City of Los Angeles v. Lyons, 461 U.S. 95 (U.S. 1983)
- Vega v. T-Mobile USA, Inc., 564 F.3d 1256 (11th Cir. 2009)
- Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (U.S. 2011)
- Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342 (11th Cir. 1999)
- Wolf Prado-Steiman v. Jeb Bush, 221 F.3d 1266 (11th Cir. 2000)
- Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013)
- The Cone Corp. v. Fla. Dep't OF Transp., 921 F.2d 1190 (11th Cir. 1991)
- A&M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co., 925 F.3d 1205 (11th Cir. 2019)
- Nat'l Endowment for the Arts v. Finley, 524 U.S. 569 (U.S. 1998)
- Holmes v. Cont'l CAN Co., 706 F.2d 1144 (11th Cir. 1983)