An Eleventh Circuit ruling determined that Florida municipalities and state agencies cannot immediately appeal denials of sovereign immunity as a defense. This decision arose from a class action lawsuit concerning red light cameras, where several municipalities attempted to have the case dismissed on sovereign immunity grounds. Citing its own 1998 precedent in CSX Transportation Inc. v. Kissimmee Utility Authority, the court affirmed that Florida’s sovereign immunity law provides a defense to liability but not immunity from being sued. As a result, the unjust enrichment claims against the local governments can proceed to trial without an immediate appeal on the immunity issue. According to class counsel Stephen F. Rosenthal, this ruling may change the balance of power by allowing individuals and businesses a better chance to have their day in court against government entities.
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Originally published by Nathan Hale | Sep 2, 2016 | Law360
