Eversheds Sutherland 11th Circuit Business Blog
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No Class-Action Tolling for Chiquita Terrorism Plaintiffs

The court was presented with a set of exotic facts in Garcia v. Chiquita Brands International, 2022 U.S. App. LEXIS 25192 (11th Cir. Sept. 8, 2022), but applied two familiar principles of civil procedure to decide the relatively narrow issues on appeal. The decision was the court’s second in the controversy arising from Chiquita’s guilty plea to unlawfully funding a paramilitary...

“European Wax Center” Trademark Dispute Clarifies “Confusingly Similar” Test Under the ACPA

A divided Eleventh Circuit panel affirmed a district court’s order granting summary judgment in favor of the defendant in a trademark dispute involving the Anti-Cybersquatting Consumer Protection Act (“ACPA”), Boigris v. EWC P&T, LLC, 2021 U.S. App. LEXIS 23399 (11th Cir. Aug. 6, 2021).  The case further clarifies the test for whether marks are “confusingly similar” under the ACPA,...

Get Back to Where You Once Belonged? Court Affirms Dismissal for Lack of Personal Jurisdiction and in Light of Forum Selection Clause

In Don’t Look Media LLC v. Fly Victor Ltd., 999 F.3d 1284 (11th Cir. June 4, 2021), the Eleventh Circuit affirmed the dismissal of RICO and state-law claims against an English company and its directors and officers for lack of personal jurisdiction and in light of the forum selection clause included in the parties’ contract. Don’t Look Media (a Delaware LLC based in Florida) licensed...

Court Rejects Challenges to SEC Subpoenas

The Eleventh Circuit rejected jurisdictional and relevance challenges to SEC subpoenas in SEC v. Marin, 982 F.3d 1341 (11th Cir. 2020). The SEC issued subpoenas to Carla Marin and MinTrade Technologies pursuant to a formal order of investigation (“FOI”) authorizing the Commission to investigate whether a Tampa-based limited liability company called Traders Café, and its “officers,...

Courts Must Evaluate Unnamed Class Members‘ Standing before Class Certification

Courts coping with overbroad class definitions that include uninjured class members have produced a cacophony of opinions. A first question often addressed in these opinions is whether the problem is one of Article III standing or of meeting Rule 23’s class certification requirements, or both. Senior Judge Stanley Marcus’ opinion for the Eleventh Circuit in Cordoba v. DirecTV, LLC,...

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