Eversheds Sutherland 11th Circuit Business Blog
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Some Claims are Stronger than Others—Eleventh Circuit Revives Protein Supplement Maker’s Lanham Act Claim But Holds that Georgia Uniform Deceptive Trade Practices Act Claim is Preempted by Federal Law

The Eleventh Circuit recently reversed in part and affirmed in part the dismissal of a complaint alleging violations of the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-372, and the federal Lanham Act, 15 U.S.C. § 1125(a). Hi-Tech Pharm., Inc. v. HBS Int’l, 2018 WL 6314282 (11th Cir. Dec. 4, 2018). The case presented important questions about the relationship between...

Eleventh Circuit Restores $20m Punitive-Damages Verdict Against Philip Morris

The Eleventh Circuit last week reinstated a $20.76m punitive-damages verdict against tobacco giant Philip Morris, ruling that the district court had abused its discretion in ordering a new trial on the plaintiff’s intentional tort claims.  Cote v. R.J. Reynolds Tobacco Co., 2018 WL 6167395 (11th Cir. Nov. 26, 2018).  The court also affirmed the denial of Philip Morris’s motions for a...

Supreme Court to Consider TCPA Circuit Split on Interpretation of “Advertisement”

The Supreme Court will address a circuit split over the interpretation of the Telephone Consumer Protection Act’s provision imposing liability for sending unsolicited advertisements.  PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018).  The majority view—held by the Eleventh Circuit—is that an unsolicited fax is only a...

Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim

The Eleventh Circuit has held that a plaintiff has standing to pursue a claim under the Fair and Accurate Credit Transactions Act (“FACTA”) if a merchant discloses too many digits of a credit card number on a receipt, even without subsequent misuse of the plaintiff’s identity or credit card.  Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir. Oct. 3, 2018). Muransky filed...

Court Rejects ADA Exhaustion Argument for Closed Captions

The court held this week that the Twenty-First Century Communications and Video Accessibility Act of 2010, which creates an administrative procedure to address videos lacking closed captions before the FCC, does not create an administrative exhaustion requirement for bringing similar issues under the ADA.  Sierra v. City of Hallandale Beach, Florida, (No. 18-10740 11th Cir. Sept. 27th,...

Federal Law Does Not Prevent Foreclosure Against Surviving Spouse of “Reverse-Mortgage” Borrower If Contractually-Authorized

The federal statute that prevents HUD from insuring a reverse mortgage that permits foreclosure while the borrower’s surviving spouse lives in the mortgaged property does not similarly prohibit the lender from foreclosing after the borrower’s death, as long as the foreclosure is otherwise permitted by the loan documents. Estate of Jones v. Live Well Fin., Inc., __ F.3d __, 2018 WL...

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