Eversheds Sutherland 11th Circuit Business Blog
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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. Jerberee Jefferson v. Sewon America, Inc., No. 17-11802 (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...

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...

Presumption Against Extraterritoriality Applied to Alien Tort Statute in Jurisdictional Dispute over Folk Singer’s Death

A popular Chilean folk singer named Víctor Jara was tortured and killed in the wake of the 1973 military coup that toppled Salvador Allende’s government and brought Augusto Pinochet to power. Nearly 40 years later, Jara’s family discovered that his suspected killer, a former Chilean military officer named Pedro Pablo Barrientos Núñez, had moved to Florida and become a U.S. citizen....

No Willful Violation of Fair Credit Reporting Act If Report Technically Accurate, Even If Misleading, Given Split on “Maximum Possible Accuracy”

In Pedro v. TransUnion LLC, 2017 WL 3623926 (11th Cir. Aug. 24, 2017), the Eleventh Circuit concluded that a consumer reporting agency did not adopt an “objectively unreasonable interpretation” of the Fair Credit Reporting Act (“FCRA”) when it stated on a consumer’s credit report that she was an authorized user of her parents’ credit card account (which later went into default) and...

NO TCPA LIABILITY FOR FAXES THAT DO NOT MARKET A PRODUCT

“Unsolicited advertisements” prohibited by the Telephone Consumer Protection Act (TCPA) do not include faxes that merely facilitate the purchase of a product but do not promote the sale of products, the Eleventh Circuit confirmed in Florence Endocrine Clinic, PLLC v. Arriva Medical, LLC, 2017 WL 2415966 (11th Cir. June 5, 2017). The defendant was a supplier of medical equipment...

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