Justia Contracts Opinion SummariesArticles Posted in U.S. Court of Appeals for the Eleventh Circuit
Rosa and Raymond Parks Inst. for Self Dev. v. Target Corp.
The Institute filed the underlying complaint, alleging claims for unjust enrichment, right of publicity, and misappropriation under Michigan common law for Target’s sales of all items using the name and likeness of Rosa Parks. The district court dismissed the complaint. The court concluded that Target's use of Rosa Parks’s name and likeness in the books, movie, and plaque is necessary to chronicling and discussing the history of the Civil Rights Movement. These matters are quintessentially embraced and protected by Michigan’s qualified privilege. Michigan law does not make discussion of these topics of public concern contingent on paying a fee. Therefore, all six books, the movie, and the plaque are protected under Michigan’s qualified privilege protecting matters of public interest. Accordingly, the court affirmed the judgment. View "Rosa and Raymond Parks Inst. for Self Dev. v. Target Corp." on Justia Law
Giovanno v. Fabec
Plaintiffs filed suit against Defendants Fabec and Lalo Scrolling Media for breach of contract, conversion, unjust enrichment, and related claims. On appeal, defendants challenged the district court's grant of default judgment against them. The court concluded that the district court had subject matter jurisdiction where plaintiffs satisfied the amount in controversy requirement; the district court acted well within its discretion in concluding that Fabec’s noncompliance with the district court’s pretrial instructions justified the entry of a default judgment; but because Fabec was denied the opportunity to cross-examine plaintiffs' counsel, the court reversed that portion of the default judgment awarding plaintiffs $43,500 in attorney’s fees and remanded the case to the district court to hold a hearing on the amount and reasonableness of the fees. The court otherwise affirmed the judgment. View "Giovanno v. Fabec" on Justia Law