Eversheds Sutherland 11th Circuit Business Blog
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CASH FROM CORN: PLAINTIFF INJURED AT CORN HARVESTING FACILITY ADVANCES TO TRIAL

The Eleventh Circuit reversed the district court’s grant of summary judgment to the employer of a forklift driver who injured a truck driver picking up a shipment of corn in Newcomb v. Spring Creek Cooler Inc., 2019 WL 2364498 (11th Cir. June 5, 2019). Because the plaintiff picking up a load of corn at the defendant’s facility was responsible for the count and condition of the load, he...

Loan Servicer’s “Obvious” Willful Violation of the Fair Credit Reporting Act Warrants Revival of Plaintiffs’ Claims for Emotional-Distress and Punitive Damages

Last week, in Marchisio v. Carrington Mortgage Services, LLC, 2019 WL 1320522 (11th Cir. Mar. 25, 2019), the Eleventh Circuit, taking a somewhat exasperated tone, addressed claims against a mortgage servicer whose repeated misreporting of a consumer account—even after a history of litigation and two settlement agreements—was an “obvious” violation of the Fair Credit Reporting Act. The...

Laws for the People, By the People, Are Not Copyrightable

A March 23, 2017 order from the United States District Court for the Northern District of Georgia immediately prompted headlines such as “If you publish Georgia’s state laws, you’ll get sued for copyright and lose.”  The case, Code Revision Commission v. Public.Resource.Org, Inc., 244 F. Supp. 3d 1350 (N.D. Ga. 2017), examined whether the Official Code of Georgia Annotated (“O.C.G.A.”)...

Divided Court Holds Settlement Agreement Between Cable Provider and Installation Contractor Not the Result of Duress

A party negotiating an agreement may employ leverage or “arm-twisting” to consummate a transaction. At some point, however, tough business tactics may result in a claim of duress, jeopardizing the validity of the agreement.  In Cableview Communications of Jacksonville, Inc. v. Time Warner Cable Southeast, LLC, the Eleventh Circuit considered such a claim, ultimately finding in favor of...

Plaintiff Judicially Estopped from Pursuing Claims Not Disclosed in Bankruptcy

In Weakley v. Eagle Logistics, 2018 WL 3188663 (11th Cir. June 29, 2018), the Eleventh Circuit considered what “facts and circumstances” surrounding a plaintiff’s failure to disclose a pending lawsuit in bankruptcy proceedings will allow the lawsuit to be dismissed on judicial-estoppel grounds. The plaintiff, Timothy Weakley, had filed two separate lawsuits against a number of...

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