Eversheds Sutherland 11th Circuit Business Blog
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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...

Bank Accurately Reported Mortgage as “Past Due” and “Delinquent” Despite Borrower’s Compliance with Forbearance Program

When a mortgage lender offers a borrower a forbearance plan—agreeing to accept lowered monthly payments in exchange for refraining from foreclosure—is it accurate for the lender to report that the borrower’s account is “past due” and “delinquent” even when the borrower complies with the plan? “Yes” was the Eleventh Circuit’s answer in Felts v. Wells Fargo Bank, N.A., 2018 WL 3130674...

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...

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