Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim

John Salcedo received a single unsolicited text message from the firm of his former lawyer, offering a discount on future services.  Salcedo sued the lawyer and the law firm, seeking statutory and treble damages for alleged violation of the Telephone Consumer Protection Act (“TCPA”).  In his complaint, Salcedo alleged that the text message caused him “to waste his time answering or...

COURT LIMITS REVIEW OF REMAND ORDER BASED ON ONE DEFENDANT’S FORUM SELECTION CLAUSE

The Eleventh Circuit waded into a procedural thicket in Overlook Gardens Properties, LLC v. ORIX USA, L.P., 2019 WL 2590869 (11th Cir. June 25, 2019), ultimately concluding that it had no appellate jurisdiction to review an order remanding a removed case to state court .  At issue was the effect of a forum selection clause that bound one, but not all, of the defendants to litigate, in...

“Once-Upon-A-Time” Injury Insufficient to Establish Article III Standing to Seek Declaratory and Injunctive Relief

The Eleventh Circuit has dismissed for lack of standing a trucking company’s suit for declaratory and injunctive relief against the Federal Motor Carrier Safety Administration (“FMCSA”). Flat Creek Trans., LLC v. Federal Motor Carrier Safety Admin., 2019 WL 2049770 (May 9, 2019). Flat Creek Transportation claimed that FMCSA had unfairly targeted the company for compliance reviews,...

Ponzi Scheme Victims Prevail over SEC Receiver on Due Process Grounds

In SEC v. Torchia, 2019 WL 1911823 (11th Cir. Apr. 30, 2019), the Eleventh Circuit held in favor of investors victimized by a Ponzi scheme, concluding that the investors were permitted to appeal the district court’s interlocutory orders regarding receivership proceedings and that they had been denied a meaningful day in court. The appeal arose from the SEC’s case against James Torchia...

Unregistered Copyright Does Not Preclude Federal Jurisdiction

Capping off an October trio of copyright decisions, the Eleventh Circuit in Fastcase, Inc. v. Lawriter, LLC, 2018 WL 5318148 (11th Cir. Oct. 29, 2018), confirmed that the failure to register a copyright does not defeat federal subject-matter jurisdiction (though it may doom an infringement claim under Rule 12(b)(6)).  The court also held that a plaintiff’s potential liability may be...

Supreme Court to hear Eleventh Circuit Tennessee Valley Authority Case

The Supreme Court granted certiorari over the Eleventh Circuit’s holding that the Tennessee Valley Authority enjoyed governmental immunity in a personal injury suit.  Thacker v. Tenn. Valley Auth., 2018 WL 1091117 (U.S. Sept. 27, 2018).  The Eleventh Circuit held that the TVA was immune from suit because it was engaged in a discretionary government function – a test borrowed from...

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