Eversheds Sutherland 11th Circuit Business Blog
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Defendant Sails to Victory in Trade Secret Case

In Yellowfin Yachts, Inc. v. Barker Boatworks, LLC, 2018 WL 3734344 (11th Cir. Aug. 7, 2018), the Eleventh Circuit upheld the dismissal of trade-secret claims related to the manufacture and sale of fishing boats.  Yellowfin Yachts is a manufacturer of high-end fishing boats, allegedly known in the marketplace for the “swept sheer line” of their boats. Yellowfin hired Kevin Barker in...

Procedural Lapses Short-Circuit Attack on Statute Aimed at Incentivizing Nuclear Plant Construction

The abandonment of the V.C. Summer nuclear project in South Carolina and the questionable status of Plant Vogtle in Georgia have garnered headlines in recent months and raised questions about the validity of state statutes authorizing utility companies to preemptively charge customers for the design and construction of new nuclear facilities using rate hikes. In William B. Newton v....

Eleventh Circuit Invalidates FTC Cease and Desist Order

In LabMD, Inc. v. Federal Trade Commission, 2018 WL 3056794 (11th Cir. June 6, 2018), the Eleventh Circuit vacated an FTC cease and desist order, finding that the order was unenforceable because it lacked the required specificity that would enable the order to be enforced by a court. LabMD is a now-defunct medical laboratory. Given the nature of its work, LabMD was subject to...

Rule 41 Not Proper Method to Dismiss Particular Claims

What is the proper procedure for voluntarily dismissing a count in a civil action? This question is not explicitly answered by the text of the Federal Rules of Civil Procedure. The Eleventh Circuit offered a tutorial in Perry v. Schumacher Group of Louisiana, 2018 WL 2473721 (11th Cir. June 4, 2018), making clear that Fed. R. Civ. P. 41(a)(1)(A) is not an available mechanism for...

Toxicology Expert’s Opinions Properly Excluded for Failure to Consider Dose-Response Relationship or Potential Alternative Causes of Plaintiff’s Disease

In Williams v. Mosaic Fertilizer, LLC, 2018 WL 2191426 (11th Cir. May 14, 2018), the Eleventh Circuit affirmed the District Court’s exclusion of proffered expert testimony by a toxicologist, and of the plaintiff’s proposed lay testimony that her home had “no present value” because of emissions from a nearby fertilizer plant, and affirmed the resulting grant of summary judgment to the...

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