Eversheds Sutherland 11th Circuit Business Blog
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Paradise Found: Consumer Not Damaged by Purchasing (and Consuming) Gin Containing Prohibited “Grains of Paradise”

The Eleventh Circuit again had the opportunity to interpret the scope of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), this time applying the Act’s safe-harbor provision for actions otherwise permitted by law. In Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084 (11th Cir. Nov. 8, 2021), the court affirmed dismissal of a putative class action that had attempted to hold a...

Eleventh Circuit Affirms Approval of (Almost) All of Equifax Data Breach Settlement

In In re: Equifax, Inc. Customer Data Sec. Breach Litig. (Huang v. Equifax, Inc.), 2021 WL 2250845 (11th Cir. June 3, 2021), the Eleventh Circuit upheld the district court’s approval of a class settlement arising out of the Equifax data breach – except for the incentive awards to the class representatives, as to which the court reversed the district court in light of Johnson v. NPAS...

FCRA Class Action Foiled by Comcast Arbitration Agreement

A Comcast arbitration agreement by which a former subscriber to the cable service agreed to arbitrate “any claim or controversy related to Comcast” was enforced by the court in Hearn v. Comcast Cable Communications, LLC, 992 F.3d 1209 (11th Cir. 2021), overturning a contrary decision by the Northern District of Georgia. The arbitration agreement was included in Comcast’s subscriber...

Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases

The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases.  Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021).  In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit affirmed the lower court’s decision, holding that...

End of Engle Cigarette Litigation in Eleventh Circuit?

Judge Kevin Newsom begins his opinion for the court in Harris v. R.J. Reynolds Tobacco Co., 2020 WL 6816965 (11th Cir. Nov. 20, 2020), with the auspicious observation that this Engle case is “one of the last that we’re likely to see.” Correct or not, the comment evokes the long history in the Eleventh Circuit of the progeny of the Florida Supreme Court’s landmark decision in Engle v....

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