Eversheds Sutherland 11th Circuit Business Blog
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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...

Venezuela’s Attempt to Purchase Bolívar Artifacts from Florida Resident Was “Commercial Activity” Not Subject to Sovereign Immunity

In Devengoechea v. Bolivarian Republic of Venezuela, No. 16-16816 (11th Cir. May 10, 2018), the Eleventh Circuit held that the Foreign Sovereign Immunities Act’s “commercial activity” exception to sovereign immunity applied to Venezuela’s alleged failure to return or pay for a collection of artifacts owned by a Florida resident. Plaintiff Ricardo Devengoechea, a citizen of the United...

Presumption Against Extraterritoriality Applied to Alien Tort Statute in Jurisdictional Dispute over Folk Singer’s Death

A popular Chilean folk singer named Víctor Jara was tortured and killed in the wake of the 1973 military coup that toppled Salvador Allende’s government and brought Augusto Pinochet to power. Nearly 40 years later, Jara’s family discovered that his suspected killer, a former Chilean military officer named Pedro Pablo Barrientos Núñez, had moved to Florida and become a U.S. citizen....

A Private Plaintiff Cannot Sue FINRA for a Violation of Its Own Rules

In Turbeville v. FINRA, 2017 WL 4938821 (11th Cir. Nov. 1, 2017), a panel of the Eleventh Circuit held that a former registered representative’s purported state-law claims against FINRA were properly dismissed because there exists no private right of action against FINRA, a self-regulatory organization (“SRO”), for alleged violations of its own rules. In 2009, FINRA filed an...

Primary Defendants Tied to Liability for Damages in Class Actions Seeking Monetary Relief

In an opinion published June 14, 2017, Hunter v. City of Montgomery, 2017 WL 2634162, the Eleventh Circuit affirmed the lower court’s remand order under the home state exception to the Class Action Fairness Act (“CAFA”). The central issue was the classification of a party as one of the “primary defendants” within the meaning of CAFA. The case centered on a red-light camera program...

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