LITTLE v. T-MOBILE USA, INC.

No. 12-10170 Non-Argument Calendar.

691 F.3d 1302 (2012)

Melissa K. LITTLE, et al., Plaintiffs, Jacqueline Robinson, Searcy Crawford, Plaintiffs-Appellants, v. T-MOBILE USA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Corrected August 24, 2012.


Attorney(s) appearing for the Case

Wesley W. Barnett , D. Frank Davis , John E. Norris , Courtney Lynn Peinhardt , Tyler Vail, Davis & Norris, LLP, Birmingham, AL, for Plaintiffs-Appellants.

Kristine McAlister Brown , Brian R. Stimson , Alston & Bird, LLP, Atlanta, GA, Bryan Oxford Balogh , Burr & Forman, LLP, Birmingham, AL, for Defendant-Appellee.

Before TJOFLAT, CARNES, and JORDAN, Circuit Judges.


CARNES, Circuit Judge:

Jacqueline Robinson and Searcy Crawford, whom we will refer to as the plaintiffs, appeal the district court's order denying class certification of their proposed class action against T-Mobile USA, Inc. They contend that the district court erred in concluding that T-Mobile did not waive its right to assert arbitration and class-action waiver defenses. Ironically, the plaintiffs' own waiver of an issue controls the outcome of this appeal.

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