Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Sets the Bar for Bar Orders

In SEC v. Quiros, 966 F.3d 1195 (July 20, 2020), the Eleventh Circuit held that the district court abused its discretion when it entered a bar order extinguishing non-parties’ claims, because entry of the order was not necessary to resolve the parties’ dispute. In 2016, the SEC filed a civil enforcement action against Ariel Quiros, and the district court appointed a receiver to take...

Eleventh Circuit Upholds Forum-Selection Clause

In DeRoy v. Carnival Corp., 2020 WL 3525536 (11th Cir. June 30, 2020), the Eleventh Circuit upheld a forum-selection clause requiring litigation of claims in federal court.  Plaintiff-Appellee Carmela DeRoy sued Defendant-Appellant Carnival Corporation after she injured her foot on a rug while onboard the Carnival Valor.  The contract DeRoy entered into when she booked her ticket had a...

Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs

Although parties generally bear their own costs upon voluntary dismissal of a federal case, there are, as with most rules, exceptions. For example, pursuant to Federal Rule of Civil Procedure 41(d), if a plaintiff voluntarily dismisses an action and then files a second action “based on or including the same claim,” the court may: (1) “order the plaintiff to pay all or part of the costs...

Eleventh Circuit Emphasizes Importance of Striking Shotgun Pleadings

In a consolidated appeal of two cases filed against banking institutions, the Eleventh Circuit expressed frustration over being “forced to review a judgment that should never have been entered.”  Estate of Bass v. Regions Bank, Inc., 2020 WL 284094 (11th Cir. Jan. 21, 2020).  Rather than striking the complaints as impermissible shotgun pleadings and allowing the plaintiff an...

Eleventh Circuit Takes the Middle of the Road in Evaluating a Foreign Tribunal’s “Receptivity” to Judicial Assistance from U.S. Courts

In Department of Caldas v. Diageo PLC, 2019 WL 2333910 (11th Cir. June 3, 2019), the Eleventh Circuit held that a district court evaluating a foreign court’s receptivity to judicial assistance from a U.S. Court in the context of an application for discovery under 28 U.S.C. § 1782 need not apply a rigid burden of proof.  Section 1782 permits, under certain circumstances, discovery in...

Monkey See, Monkey Do: Eleventh Circuit Affirms Decision that Defendant’s Gorilla Logo Infringed Plaintiff’s Trademark But Vacates Award of Defendant’s Profits

In PlayNation Play Systems, Inc. v. Velex Corp., 2019 WL 2180589 (11th Cir. May 21, 2019), the Eleventh Circuit considered whether the district court erred in determining that the defendant infringed the plaintiff’s trademark and in awarding damages in the form of the defendant’s profits and cancellation of the defendant’s trademark. Plaintiff sold children’s outdoor play equipment,...

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