The U.S. Court of Appeals for the Eleventh Circuit ruled against Florida municipalities seeking an interlocutory appeal on their sovereign immunity defense in a proposed class action challenging the state’s red-light camera program. The court found it premature to rule on immunity, effectively allowing plaintiffs, represented by co-lead counsel Stephen Rosenthal of Podhurst Orseck, to proceed toward class certification and trial against the 72 defendant government entities. This federal case runs parallel to a state court conflict, where the Third District Court of Appeal recently certified an issue of public importance to the Florida Supreme Court regarding whether private contractors like American Traffic Solutions (ATS) are unlawfully outsourcing governmental citation power. The plaintiffs are seeking reimbursement for over $54 million in fines collected by the state.
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Originally published by Law.com | Sep 12, 2016