Eversheds Sutherland 11th Circuit Business Blog
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Settlement Release Negotiations and Actions of Third-Party Claimants Are Both Relevant in Bad Faith Actions

In Pelaez v. Government Employees Insurance Co., 2021 U.S. App. LEXIS 28312 (11th Cir. Sept. 20, 2021), the Eleventh Circuit upheld summary judgment for GEICO in a Florida bad faith case. Merely offering an overbroad release to a third-party claimant was insufficient to establish bad faith in the totality of the circumstances, which included GEICO’s repeated invitations to the...

“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,...

Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment

In Losch v. Nationstar Mortgage LLC, 2021 WL 1653016 (11th Cir. Apr. 28, 2021), the Eleventh Circuit considered whether the defendant Experian violated the Fair Credit Reporting Act’s requirements that a credit-reporting agency employ “reasonable procedures to assure maximum possible accuracy of the information concerning the individual” when preparing credit reports, 15 U.S.C. §...

Equipment Distributor Can’t Defeat Summary Judgment on Claims that Competitor Conspired with Manufacturer to Terminate Business with Distributor

The Eleventh Circuit affirmed summary judgment for a defendant facing claims under the Sherman Antitrust Act, concluding that the plaintiff’s evidence was “at least ‘as equally consistent with permissible competition as it is with an illegal conspiracy.’” The court’s decision in American Contractors Supply, LLC v. HD Supply Construction Supply, Ltd., 2021 WL 822194 (11th Cir. Mar. 4....

A Sticky Situation: Epoxy Company Is Stuck With Evidence of Intent to Copy, and Evidence of Actual Confusion

The interplay between circumstantial evidence under the Lanham Act’s substantive law of trade dress infringement and the rules for summary judgment was at issue in J-B Weld Co. v. Gorilla Glue Co., 2020 WL 6144561 (11th Cir. Oct. 20, 2020).  In J-B Weld,all three judges agreed that the district court erred in entering summary judgment for the defendant.  In an opinion authored by...

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