Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Takes District Court to School Over Educational Fair-Use Copyright Dispute

In Cambridge Univiversity Press v. Albert, 2018 WL 5095004 (11th Cir. Oct. 19, 2018), the Eleventh Circuit issued its second decision in a decade-long dispute over Georgia State University’s practice of distributing digital excerpts of copyrighted works to students without paying a royalty.  The district court now faces its third trial to assess the fair-use defense as to 48 excerpted...

Court Upholds Injunction Against FINRA Arbitration of Claims Against Member’s Affiliate

The Eleventh Circuit recently upheld a permanent injunction against arbitration of claims by investors against a FINRA member and its overseas affiliates on the basis that the arbitration did not concern the affiliates’ relevant business activities.  Pictet Overseas, Inc. v. Helvetia Trust, 2018 WL 4560685 (11th Cir. Sept. 24th, 2018). In Pictet, two trusts had opened custodial...

Failure to Comply with Rule 9(b)’s Particularity Requirement Dooms Claims under the False Claims Act

Payments by the AIDS Healthcare Foundation to an employee responsible for referring HIV-positive patients to healthcare services offered by the Foundation fall within the employee exemption to the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b)(3)(B), according to the Eleventh Circuit’s decision in Carrel v. AIDS Healthcare Foundation, Inc., 2018 WL 3734278 (11th Cir. Aug. 7, 2018). ...

Court Revives Suit Against Employer that Allegedly Denied Woman Promotion for Not Being Korean

The Eleventh Circuit recently gave new life to a plaintiff’s claims of employment discrimination in Jefferson v. Sewon America, Inc., 2018 WL 2449228 (11th Cir. June 1, 2018). Jerberee Jefferson, an African-American woman, filed suit against her former employer, Sewon America, Inc., for racial discrimination and retaliatory termination.  Although Jefferson began her career at Sewon...

En Banc Reminder: Even Self-Serving and Uncorroborated Affidavits Can Preclude Summary Judgment

On January 31, 2018, the full Eleventh Circuit held “that an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated.” United States v. Stein, 2018 WL 635960 (11th Cir. Jan 31, 2018) (en banc). The court treated the case as an opportunity to bring its tax...

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