American Bar Association
Media Alerts
Media Alerts - Brown Jordan International, Inc., v. Carmicle - 11th Circuit
Decrease font size
Increase font size
February 15, 2017
  Brown Jordan International, Inc., v. Carmicle - 11th Circuit
Headline: Eleventh Circuit holds an interruption of service is not required to be compensated under the Computer Fraud and Abuse Act ("CFAA").

Area of Law: Civil, Commerce, Employment

Issue: Whether interruption of service is required to be compensated under the CFAA.

Extended Summary: On March 11, 2014, Appellee, Brown Jordan International, Inc. ("Brown Jordan"), initiated a suit against Appellant, Christopher Carmicle ("Carmicle"), including claims for violation of the CFAA and of the Stored Communications Act ("SCA"). After a bench trial, the district court concluded Carmicle's access to the email accounts violated the CFAA and SCA. On appeal, Carmicle contended the district court erred in finding a violation of the CFAA because there was no interruption of service, and thus no "loss." In a case of first impression, the Eleventh Circuit found a "loss" included the direct costs of responding to a CFAA violation, without it being related to an interruption of service. Accordingly, the Eleventh Circuit affirmed the lower court's determination on the CFAA violation. The court also rejected the other contentions raised by Carmicle.

To view the full opinion:

Panel: Marcus and Black, Circuit Judges, and Cohen (United States District Judge for the Northern District of Georgia, sitting by designation).

Argument: November 18, 2016

Date of Issued Opinion: January 25, 2017

Docket Number: 16-11350

Decided: Affirmed

Case Alert Authors: Luis Garcia, Shantell Monreal, and Uxsunn Ramirez

Glenn Alan Cohen for Appellant
Lloyd B. Chinn for Appellees

Author of Opinion: Black, Circuit Judge

    Posted By: Gary Kravitz @ 02/15/2017 03:46 PM     11th Circuit  

FuseTalk Enterprise Edition - © 1999-2018 FuseTalk Inc. All rights reserved.

Discussion Board Usage Agreement

Back to Top