Websites Not Considered Places of Public Accommodation under the ADA
4/9/21
By: Joyce Mocek
The Eleventh Circuit recently held that websites of businesses open to the public are not necessarily considered places of public accommodation under Title III of the Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the …
Eleventh Circuit Denies Article III Standing Based on Future Harm from Data Breach
2/26/21
By: Matt Foree
The United States Court of Appeals for the Eleventh Circuit recently held that future harm from a data breach does not provide Article III standing to a plaintiff. By doing so, the Eleventh Circuit weighed in on the …
Eleventh Circuit Expands Insurance Coverage Under Commercial Crime Policies
3/10/20
By: Bill Buechner
In a closely-watched case involving the scope of coverage under a commercial crime policy, the Eleventh Circuit issued a decision in December holding that an insurer’s commercial crime policy provided coverage for an all-too-familiar email spoofing scheme …
Section 1983 First Amendment Retaliation by Litigation: SOL without PC
1/14/20
By: Brent Bean
“When angry count to ten before you speak. If very angry, count to one hundred.” – Thomas Jefferson
In a case of first impression in the Eleventh Circuit, the Court held that in a Section 1983 First …
Open Government, Retaliation and Redress: Case Study from Florida
12/6/19
By: Michael Kouskoutis
Florida is well known for its robust public records law, where, upon receipt of a public records request, custodians of public records are required to promptly acknowledge the request, then permit the requested records to be inspected …
Breaking – Eleventh Circuit Holds No TCPA Standing For Receipt of Single Unsolicited Text Message
8/29/19
By: Matthew Foree
In Salcedo v. Alex Hanna, the U.S. Court of Appeals for the Eleventh Circuit has just issued a major decision holding that receipt of a single unsolicited text message does not establish standing under the Telephone Consumer …
McKinney Due Process Analysis Alive and Well in the Eleventh Circuit
4/9/19
By: Dana Maine
This will be a short blog: “The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful …
3/26/19
By: Tim Boughey
Last week, in Lewis v. City of Union City, Ga. et al., No. 15-11362 (11th Cir. March 21, 2019) (en banc), the Eleventh Circuit issued an important decision addressing the proper comparator analysis applied to circumstantial …
As Commerce Moves Online, the Americans with Disabilities Act Follows
2/11/19
By: Natalie Pulley
Does the Americans with Disabilities Act, requiring accessibility in public accommodations, apply to a business’ online presence? The Eleventh Circuit has weighed in on the issue, finding in Dennis Haynes v. Dunkin’ Donuts LLC that the ADA …
2/6/19
By: Jake Loken
It is a rare sight to see a judge being sued, so what happens when one is? The process is generally the same as any other lawsuit, but one important doctrine can get in the way: absolute …
11/19/18
By: Bill Buechner
The Eleventh Circuit very recently affirmed a district court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act even though the collection misstated the name of the creditor to whom the consumer …
7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …