Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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Plaintiff filed suit under the Video Privacy Protection Act (VPPA), 18 U.S.C. 2710, alleging that the CNN App, without a user's knowledge, both tracks the user's views of news articles and videos and also collects a record of this viewing activity. CNN sends the collected record of viewing activity to Bango, a third party company. Bango is able to compile personal information, including the user's name, location, phone number, email address, and payment information, and it can attribute this information to a single user across different devices and platforms. The district court dismissed the amended complaint. The court held that a plaintiff, such as the one in this case, satisfied the concreteness requirement of Article III standing where the plaintiff alleges a violation of the VPPA for wrongful disclosure. The court agreed with the district court that plaintiff is not a "subscriber" as defined by the VPPA such that CNN may be held liable. The court noted that it need not address whether CNN provided plaintiff's "personally identifiable information" to a third party. Accordingly, the court affirmed the judgment. View "Perry v. Cable News Network, Inc." on Justia Law

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The parties filed cross-complaints after Christopher Carmicle was terminated from Brown Jordan. After the district court entered judgment for Brown Jordan, Carmicle appealed. Carmicle raised issues regarding the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the Stored Communications Act (SCA), 18 U.S.C. 2701, wrongful discharge, and breach of an employment agreement. The court concluded that Carmicle’s CFAA arguments fail because Brown Jordan suffered “loss” as defined in the CFAA; Carmicle waived his unopened-versus-opened-email argument under the SCA because he did not fairly present it to the district court, and Brown Jordan showed Carmicle exceeded his authorization in accessing the emails of other Brown Jordan employees; and the district court did not err in granting summary judgment on Carmicle’s wrongful discharge claim or in concluding that Carmicle was terminated for cause as defined by the Employment Agreement. Accordingly, the court affirmed the judgment. View "Brown Jordan International, Inc. v. Carmicle" on Justia Law

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Defendant appealed the district court's grant of an injunction requiring defendant to transfer to defendant four domain names he had registered in his own name and grant of plaintiff's motion for summary judgment on defendant's counterclaims. The court concluded that it lacked jurisdiction to entertain defendant's appeal under 28 U.S.C. 1291, because there are still pending claims brought against defendant under sections 43(a) and (c) of the Lanham Act, 15 U.S.C. 1125(a) and (c), and state law. The court concluded, however, that it has jurisdiction to review the district court's injunction under 28 U.S.C. 1292(a)(1). The court held that the re-registration of bydesignfurniture.com constituted a registration under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125, and that plaintiff is likely to succeed on the merits of its ACPA claim. Accordingly, the court concluded that the issuance of the preliminary injunction did not constitute an abuse of discretion and affirmed the judgment of the district court. View "JYSK Bed'N Linen v. Dutta-Roy" on Justia Law