Eversheds Sutherland 11th Circuit Business Blog
content top

ELEVENTH CIRCUIT WEIGHS IN ON CIRCUIT SPLIT DEFINING COPYRIGHT REGISTRATION

Registration of a copyright is a precondition to a suit for copyright infringement. The Eleventh Circuit joined the minority of circuits to have addressed whether registration occurs when an owner files an application to register the copyright or when the Register of Copyrights registers the copyright in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 2017 WL 2191243 (11th...

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 VII.  As...

Americans with Disabilities Act Held to Allow “Competitive” Reassignment

The Eleventh Circuit handed the EEOC another recent defeat in U.S. Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., No. 15-14551, 2016 WL 7131479 (11th Cir. Dec. 7, 2016). The case involved cross-appeals after a jury found that the defendant hospital had acted in good faith despite its failure to accommodate a disabled nurse under the Americans with Disabilities...

Filing Proof of Stale Claim in Chapter 13 Bankruptcy Held to Violate FDCPA

In the consolidated appeals of Johnson v. Midland Funding, LLC and Brock v. Resurgent Capital Services, L.P., Nos. 15-11240 and 15-14116, 2016 WL 2996372 (11th Cir. May 24, 2016), the Eleventh Circuit doubled down on its previous holding that filing “a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act,” Crawford v. LVNV...