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 Will Not Rehear City’s Fair Housing Act Claim

The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens.  City of Miami Gardens v. Wells Fargo & Co., 2020 WL 1983892 (11th Cir. Apr. 27, 2020). The city claimed it had standing to...

Too Late Blues for Guitar Maker’s Copyright Ownership Claims

In Webster v. Dean Guitars, 2020 WL 1887783 (11th Cir. Apr. 16, 2020), the Eleventh Circuit affirmed the district court’s grant of summary judgment for a guitar manufacturer in a copyright dispute over the lightning storm graphic on “Dimebag” Darrell Abbott’s iconic guitar, known as “The Dean from Hell.”  The district court properly determined that the gravamen of the copyright...

Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure

In Thakkar v. Bay Point Capital Partners, LP (In re Bay Circle Properties, LLC), 2020 WL 1696303 (11th Cir. Apr. 8, 2020), the Eleventh Circuit dismissed an appeal because the only appellant remaining after a settlement lacked Article III standing (and in any event failed to meet the “person aggrieved doctrine” standard for appealing a bankruptcy court order). The case originally...

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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