The Eleventh Circuit affirmed the dismissal of a putative class action against CNN in a case concerning the CNN app that the plaintiff downloaded to his iPhone. Perry v. Cable News Network, Inc., 2017 WL 1505064 (11th Cir. Apr. 27, 2017). The plaintiff Perry alleged that CNN violated the Video Privacy Protection Act (“VPPA”) by…
Month: April 2017
For FMLA Retaliation Claims, It’s the End-of-Leave Date that Counts
The Eleventh Circuit has held that the end of FMLA leave, not the beginning, is the relevant date for determining “close temporal proximity” between protected activity and an adverse employment action when evaluating an FMLA retaliation claim. Jones v. Gulf Coast Health Care of Delaware, LLC, 2017 WL 1396165 (11th Cir. Apr. 19, 2017). Rodney…
Asset Buyer Not Bound by Lanham Act Injunction Without Proof of Actual Notice
The buyer of most of the operating assets of a company subject to a Lanham Act injunction was held by the Eleventh Circuit not to be subject to the injunction, even though the seller’s CEO and owner became president and part-owner of the buyer as part of the sale. ADT LLC v. NorthStar Alarm Services,…
Plaintiff in Sexual-Orientation Discrimination Case Files En Banc Petition, Highlighted by Newly Created Circuit Split
A high-profile Seventh Circuit decision and a circuit split may increase the likelihood of the Eleventh Circuit granting rehearing en banc in Evans v. Georgia Regional Hospital, a decision we covered here last month. A divided panel in Evans held that—unlike discrimination based on gender non-conformity—discrimination based on sexual orientation is not prohibited by Title…
Dual Citizenship Does Not Create CAFA Jurisdiction
Two insurance class actions will remain in state court after the Eleventh Circuit’s decision in Life of the South Insurance Co. v. Carzell, 2017 WL 1174083 (11th Cir. Mar. 29, 2017) (Marcus, J.). The court held that federal diversity jurisdiction does not exist under the Class Action Fairness Act (CAFA) if all defendants and plaintiff…
Eleventh Circuit Begins Posting Oral Arguments to Public Website
After years of quiet reluctance, the Eleventh Circuit has finally begun posting oral-argument recordings on its website. The court thus joins the U.S. Supreme Court and the majority of U.S. Courts of Appeals that already make recordings of oral arguments publicly available online. The court’s change in policy toward oral-argument recordings is reflected in amendments to…