2014 Eleventh Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 2019
Date: June 30, 2014
Docket Number: 14-12696
Date: June 27, 2014
Docket Number: 13-12130
Justia Opinion Summary: Plaintiff filed suit against the school district, claiming that he was retaliated against by the school district because he made public statements to the press regarding the accreditation investigation of the school…
Date: June 27, 2014
Docket Number: 13-13445
Justia Opinion Summary: Petitioner, a native and citizen of the Dominican Republic, became a lawful permanent resident of the Untied States in 1990. At issue was whether the BIA correctly found petitioner removable as an aggravated felon, even…
Date: June 26, 2014
Docket Numbers: 12-15091, 12-15092
Justia Opinion Summary: Defendant, a former fugitive expedited back to the United States from Ecuador, appealed his sentence for importing five or more kilograms of cocaine and failing to appear for trial. The court concluded that the Alleyne…
Date: June 26, 2014
Docket Number: 13-10560
Justia Opinion Summary: This bankruptcy appeal concerned whether Charles Kane and Harley Kane may discharge in Chapter 7 bankruptcy a $2 million judgment entered by a Florida state court in favor of creditors. The court concluded that the…
Date: June 26, 2014
Docket Number: 13-11917
Justia Opinion Summary: Petitioner, sentenced to death, appealed the denial of his pro se "Motion for Appointment of Substitute Collateral Counsel" under 18 U.S.C. 3599, to aid him in preparing and filing a second or successive 28 U.S.C. 2254…
Date: June 26, 2014
Docket Number: 13-12450
Justia Opinion Summary: Plaintiff filed a putative class action suit against a law firm for violating the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. The district court granted the firm's motion to dismiss, reasoning that…
Date: June 25, 2014
Docket Number: 13-12874
Date: June 24, 2014
Docket Number: 12-14106
Date: June 24, 2014
Docket Number: 13-10564
Date: June 24, 2014
Docket Number: 13-15254
Date: June 23, 2014
Docket Number: 12-12378
Justia Opinion Summary: Petitioner appealed the district court's denial of his pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. The court concluded that the petition was not successive where resentencing by the state judge…
Date: June 23, 2014
Docket Number: 13-12667
Date: June 23, 2014
Docket Number: 13-13581
Date: June 23, 2014
Docket Number: 13-13703
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to illegal reentry into the United States by an aggravated felon. The court concluded that the district court correctly determined that a 16-level-enhancement applied…
Date: June 20, 2014
Docket Numbers: 12-16540, 13-10066, 13-10092
Justia Opinion Summary: Defendants Lee, Ryan, and Dylan, appealed their sentences of 428 months after pleading guilty to participating in armed bank robbery. The court vacated the sentences of Lee and Dylan and remanded for resentencing where…
Date: June 19, 2014
Docket Number: 12-14302
Justia Opinion Summary: Defendant appealed his conviction and forfeiture order for one count of conspiring with his wife to commit health care fraud, eight counts of payroll tax fraud, and two counts of failure to timely file income tax…
Date: June 19, 2014
Docket Number: 12-16188
Justia Opinion Summary: The court concluded that this appeal presented an issue of first impression that the Alabama Supreme Court is best-suited to resolve. Accordingly, the court certified the following question to the Alabama Supreme Court:…
Date: June 19, 2014
Docket Number: 13-12932
Date: June 18, 2014
Docket Number: 11-15643
Justia Opinion Summary: Petitioner appealed the district court's denial of his fourth-in-time 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. The court concluded that the district court erred in dismissing petitioner's…
Date: June 18, 2014
Docket Number: 12-13154
Justia Opinion Summary: Defendant, convicted of possession and distribution of child pornography, appealed his sentence for revocation of his supervised release. The court concluded that the district court did not abuse its discretion in…
Date: June 18, 2014
Docket Number: 12-14013
Justia Opinion Summary: In 2000, physicians and physician associations imitated a group of class actions against various providers of health plans, which were consolidated into a multidistrict litigation. This appeal involves this complex,…
Date: June 18, 2014
Docket Number: 12-14897
Justia Opinion Summary: Defendant was sentenced to three years probation for threatening to shoot President Obama on defendant's Facebook page. Afterwards, defendant spoke to a reporter for his college newspaper, saying that his ordeal was…
Date: June 18, 2014
Docket Number: 12-15988
Justia Opinion Summary: Plaintiff filed suit alleging that defendant reduced and ultimately terminated plaintiff's consulting work as a forensic psychologist for the Broward County Public Defender's office in retaliation for plaintiff's…
Date: June 18, 2014
Docket Number: 13-10558
Justia Opinion Summary: Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code, seeking to determine the secured status of the second and third mortgages held by Wells Fargo on debtor's principal residence. At…
Date: June 18, 2014
Docket Number: 13-11601
Justia Opinion Summary: Plaintiff filed suit against his employer, alleging that the employer violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the Family Medical Leave Act (FMLA), 29 U.S.C. 2601, by terminating…
Date: June 18, 2014
Docket Number: 13-12383
Justia Opinion Summary: Hillcrest filed suit under 42 U.S.C. 1983, challenging a Right-of-Way Preservation Ordinance. The court concluded that Hillcrest's facial substantive due process claim accrued when the Ordinance was enacted on November…
Date: June 18, 2014
Docket Number: 13-14244
Justia Opinion Summary: Plaintiff filed suit against KeyBank for overcharging in overdraft fees. At issue was whether KeyBank waived enforcement of the delegation clause. The court concluded that circuit precedent compelled the conclusion that…
Date: June 17, 2014
Docket Number: 12-11507
Justia Opinion Summary: This appeal involved complaints of a racially hostile work environment at a shipyard in Mobile, Alabama, owned by Austal. At issue on appeal was whether an employee may rely on evidence of racial harassment of which he…
Date: June 17, 2014
Docket Number: 14-12623
Justia Opinion Summary: Petitioner filed an emergency application for leave to file a second or successive federal habeas corpus petition based on 28 U.S.C. 2244(b) and the Supreme Court's recent decision in Hall v. Florida. After thorough…
Date: June 17, 2014
Docket Number: 14-12663
Justia Opinion Summary: Petitioner, scheduled to be executed by lethal injection, appealed from the district court's denial of his 42 U.S.C. 1983 action seeking a temporary restraining order, a stay of execution, a preliminary injunction, and a…
Date: June 17, 2014
Docket Number: 14-12681
Justia Opinion Summary: Petitioner appealed from the district court's denial of his second motion for a stay of execution and all other denials of relief entered by the district court on June 17, 2014. The court agreed with the district court…
Date: June 16, 2014
Docket Number: 13-14052
Date: June 13, 2014
Docket Number: 12-12317
Date: June 13, 2014
Docket Number: 12-13736
Justia Opinion Summary: Plaintiff filed suit to determine her liability for $148,000 in penalties assessed by the IRS for aiding and abetting understatement of tax liability in violation of I.R.C. 6701. The court concluded that the Government…
Date: June 13, 2014
Docket Number: 13-13192
Date: June 13, 2014
Docket Number: 13-14123
Date: June 13, 2014
Docket Number: 14-12422
Justia Opinion Summary: Wellcare sought a writ of mandamus declaring it a "victim" within the meaning of the Crime Victims' Rights Act (CVRA), 18 U.S.C. 3771, and the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. 3663A, and…
Date: June 12, 2014
Docket Number: 12-15126
Justia Opinion Summary: Defendant appealed his conviction for possessing a firearm as a previously convicted felon. The court concluded that the district court did not err in denying defendant's motion to suppress the firearms seized from his…
Date: June 11, 2014
Docket Number: 12-12928
Justia Opinion Summary: Defendant appealed his conviction on several counts of Hobbs Act robbery, conspiracy, and knowing possession of a firearm in furtherance of a crime of violence. Defendant principally argued that the district court…
Date: June 11, 2014
Docket Number: 12-16337
Justia Opinion Summary: Defendant appealed his sentence and life-term of supervised release after he pled guilty to one count of distribution of child pornography and two counts of possession of child pornography. The court concluded that the…
Date: June 11, 2014
Docket Number: 13-10305
Justia Opinion Summary: Plaintiff appealed the district court's grant of Southern Nuclear's motion for summary judgment as to his claim of discrimination based on the misuse of information obtained during a required medical evaluation, in…
Date: June 11, 2014
Docket Number: 13-11552
Date: June 11, 2014
Docket Number: 13-14345
Date: June 10, 2014
Docket Number: 12-14934
Date: June 9, 2014
Docket Number: 12-16268
Justia Opinion Summary: Defendant appealed his convictions and sentences arising from a string of armed robberies he committed in July 2011. The court concluded that the evidence was sufficient to establish that the gun defendant used in each…
Date: June 9, 2014
Docket Number: 13-11278
Date: June 9, 2014
Docket Number: 13-15328
Date: June 5, 2014
Docket Number: 12-14564
Justia Opinion Summary: Plaintiff, individually and on behalf of her minor child, filed suit alleging that Wells Fargo violated the Telephone Consumer Protection Act of 1991's (TCPA), 47 U.S.C. 227(b)(1)(A)(iii), prohibition on autodialing cell…
Date: June 4, 2014
Docket Number: 12-14759
Date: June 4, 2014
Docket Number: 13-14053
Date: June 2, 2014
Docket Number: 13-10448
Justia Opinion Summary: This case is one of many "clawback" actions initiated by the Receiver to recover profits from investors in a Ponzi scheme run by Arthur Nadel. The Lee Defendants appealed the district court's grant of summary judgment in…
Date: May 30, 2014
Docket Number: 13-10458
Justia Opinion Summary: Plaintiffs filed suit against Regions alleging that Regions settled a check presented by them at less than par in violation of Florida Statute 655.85 (Counts I and II). Plaintiffs also claimed that Regions was unjustly…
Date: May 30, 2014
Docket Number: 13-15086
Date: May 29, 2014
Docket Number: 13-14289
Date: May 28, 2014
Docket Number: 13-10023
Justia Opinion Summary: Defendant pled guilty to knowingly receiving 481 counterfeit U.S. Postal Money Orders from a foreign country with the intent to pass and publish these same counterfeit money orders as true, in violation of 18 U.S.C. 473.…
Date: May 27, 2014
Docket Numbers: 12-10995, 12-15027, 12-15248
Justia Opinion Summary: Defendants Flanders and Callum appealed their convictions and sentences for multiple counts of inducing women to engage in sex trafficking through fraud and of benefiting from that scheme. Flanders was also convicted of…
Date: May 27, 2014
Docket Number: 13-14121
Justia Opinion Summary: Plaintiff appealed pro se the district court's grant of summary judgment in favor of his former employer, G4S, on his claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1) and 2000e-3(a), and 42…
Date: May 23, 2014
Docket Number: 12-14882
Date: May 22, 2014
Docket Numbers: 11-14287, 12-14703
Justia Opinion Summary: Defendant challenged his conviction and sentence for conspiracy to commit securities fraud in violation of 18 U.S.C. 371. This case arose out of a complex scheme designed to defraud investors through a group of hedge…
Date: May 22, 2014
Docket Number: 12-12538
Justia Opinion Summary: Defendant appealed his convictions for eight counts of child sex trafficking, in violation of 15 U.S.C. 1591; one count of conspiring to commit child sex trafficking, in violation of 18 U.S.C. 1594(c); and another count…
Date: May 22, 2014
Docket Number: 13-11416
Date: May 22, 2014
Docket Number: 13-12259
Date: May 22, 2014
Docket Number: 13-13955
Date: May 21, 2014
Docket Number: 13-10434
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 claiming that police officers' conduct in entering his house without a warrant and then arresting him for punching an officer infringed his rights under the Fourth Amendment. The…
Date: May 21, 2014
Docket Number: 13-12717
Justia Opinion Summary: Defendants, three brothers, appealed their convictions for conspiracy to commit offenses against the United States and to defraud the United States, and unlawful procurement of citizenship or naturalization - all based…
Date: May 20, 2014
Docket Number: 13-11799
Date: May 20, 2014
Docket Number: 13-12411
Date: May 20, 2014
Docket Number: 13-12590
Date: May 20, 2014
Docket Number: 13-14483
Date: May 19, 2014
Docket Number: 11-15753
Date: May 19, 2014
Docket Number: 13-12079
Date: May 19, 2014
Docket Number: 13-12654
Date: May 16, 2014
Docket Number: 11-15331
Justia Opinion Summary: Defendants Esquenazi and Rodriquez appealed their convictions and sentences for conspiracy; violating the Foreign Corrupt Practices Act (FCPA), 15 U.S.C. 78dd-2; and money-laundering. The court concluded that the…
Date: May 16, 2014
Docket Number: 13-13411
Date: May 15, 2014
Docket Number: 10-12065
Justia Opinion Summary: Defendant pled guilty to conspiracy to commit mail and wire fraud, mail fraud, and wire fraud. Defendant's convictions stemmed from her involvement in a mortgage fraud scheme. The court concluded that there was no…
Date: May 15, 2014
Docket Number: 12-164331
Justia Opinion Summary: Plaintiff, chief mate of the "Sealand Pride," filed suit under the Jones Act, 46 U.S.C. 30104, alleging that his employer, Maersk, negligently saddled him with excessive duties and duty time such that he was overworked…
Date: May 15, 2014
Docket Number: 13-11789
Justia Opinion Summary: Petitioner, convicted of murder and sentenced to death, claimed that he was entitled to resentencing because trial counsel provided ineffective assistance during the penalty phase. The district court granted habeas…
Date: May 15, 2014
Docket Number: 13-14726
Date: May 14, 2014
Docket Number: 11-15680
Justia Opinion Summary: Defendants Harrell and Dantzle appealed from their convictions for conspiracy to commit robbery; two counts of robbery in violation of the Hobbs Act, 18 U.S.C. 1951(a); and two counts of having used, carried, or…
Date: May 14, 2014
Docket Number: 13-11432
Date: May 14, 2014
Docket Number: 13-14457
Date: May 14, 2014
Docket Number: 13-15783
Date: May 13, 2014
Docket Number: 13-11094
Date: May 12, 2014
Docket Number: 11-13921
Justia Opinion Summary: Petitioner, a death row inmate, appealed the denial of his application for writ of habeas corpus. Petitioner argued that his attorneys, in preparing for the penalty phase, failed to conduct a reasonable investigation…
Date: May 12, 2014
Docket Number: 13-14769
Date: May 9, 2014
Docket Number: 13-12305
Justia Opinion Summary: Plaintiff sought to enforce against Allied a tort judgment she received against a person Allied insured. Plaintiff initially filed suit in state court and Allied removed based on diversity jurisdiction. On appeal,…
Date: May 9, 2014
Docket Number: 13-12611
Date: May 8, 2014
Docket Number: 13-10517
Justia Opinion Summary: This case involved a pirated shipment of disk drives, two logistics contracts, and application of the Carmack Amendment, 49 U.S.C. 14706, a federal law regulating the interstate transportation of goods. The court…
Date: May 8, 2014
Docket Number: 13-10919
Justia Opinion Summary: Plaintiffs filed suit against McCalla and Kondaur, claiming that they violated the automatic stay in plaintiff Kenneth Lodge's bankruptcy under 11 U.S.C. 362, and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.…
Date: May 8, 2014
Docket Number: 13-13893
Justia Opinion Summary: Plaintiffs, property owners in the City of Sanibel, filed suit against the city challenging a municipal ordinance that prohibits them from building a boat dock or accessory pier on their properties. On appeal, plaintiffs…
Date: May 7, 2014
Docket Number: 13-11672
Date: May 7, 2014
Docket Number: 13-13279
Date: May 6, 2014
Docket Number: 12-15924
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to theft and embezzlement of employee benefit funds in violation of 18 U.S.C. 664, arguing that the district court should have allowed a credit against loss for…
Date: May 6, 2014
Docket Number: 13-12785
Justia Opinion Summary: This appeal concerned a fee dispute that arose between the parties after the underlying case was resolved on the merits. The court concluded that the district court's decision to award defendants attorneys' fees under…
Date: May 6, 2014
Docket Number: 13-13688
Date: May 5, 2014
Docket Number: 13-10566
Justia Opinion Summary: The Tribe filed suit contending that a Florida tax on motor and diesel fuel purchased off tribal lands violated the Indian Commerce Clause, the Indian sovereignty doctrine, and the Equal Protection Clause. The court…
Date: May 2, 2014
Docket Number: 12-16552
Justia Opinion Summary: Petitioner, convicted of murdering a police officer and sentenced to death, appealed the denial of his petition for a writ of habeas corpus. The court concluded that petitioner's argument that he can establish cause…
Date: May 2, 2014
Docket Number: 13-14903
Date: May 1, 2014
Docket Number: 13-13612
Date: April 30, 2014
Docket Number: 13-12612
Justia Opinion Summary: Defendant was convicted under 18 U.S.C. 2251(a) for employing, using, persuading, inducing, enticing, and coercing a minor child to engage in sexually explicit conduct for the purpose of producing visual depictions of…
Date: April 25, 2014
Docket Number: 13-14589
Date: April 24, 2014
Docket Numbers: 11-13439, 12-13737
Justia Opinion Summary: Petitioner, a death row inmate, appealed the dismissal of his 28 U.S.C. 2254 petition for a writ of habeas corpus as time-barred. Petitioner also challenged the denial of his Rule 60(b) motion. The court agreed with the…
Date: April 24, 2014
Docket Number: 12-13737
Date: April 24, 2014
Docket Numbers: 13-10170, 13-15741
Justia Opinion Summary: After Charles Eugene Becker died from falling from a two-story home after the ladder he was climbing detached from the house, his estate filed a wrongful death suit. This appeal stems from plaintiff's claims against…
Date: April 23, 2014
Docket Number: 13-10730
Justia Opinion Summary: Petitioner appealed the denial of his 28 U.S.C. 2255 motion to vacate his convictions. The court issued a certificate of appealability (COA) regarding whether petitioner's pro se supplement to his section 2255 motion to…
Date: April 23, 2014
Docket Number: 13-11608
Date: April 22, 2014
Docket Number: 13-11616
Justia Opinion Summary: GDG filed suit, alleging that the Government of Belize breached a contract for the lease of office telecommunications. The district court dismissed based on the doctrines of forum non conveniens and international comity…
Date: April 21, 2014
Docket Number: 12-15818
Justia Opinion Summary: After defendant murdered a police officer in a Florida cemetery, he was convicted under the federal witness-tampering statute and convicted of a firearm during the commission of a federal crime of violence. On appeal,…
Date: April 21, 2014
Docket Number: 13-11250
Justia Opinion Summary: Godfrey Cook, a pretrial detainee, was murdered in the county jail by another pretrial detainee. Plaintiffs, the administrator of Cook's estate and Cook's two adult children, filed suit for money damages under federal…
Date: April 18, 2014
Docket Number: 12-12596
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to sell crack cocaine. On appeal, defendant challenged the denial of his 18 U.S.C. 3582(c)(2) motion to reduce his sentence based on Amendment 750 of the Sentencing Guidelines.…
Date: April 18, 2014
Docket Number: 13-12923
Justia Opinion Summary: The United States investigated Jeffrey Epstein's sexual abuse of minors, but failed to confer with the victims before entering a non-prosecution agreement with Epstein. Two victims filed suit under the Crime Victims'…
Date: April 18, 2014
Docket Number: 13-14649
Date: April 15, 2014
Docket Number: 12-11840
Date: April 15, 2014
Docket Number: 12-15331
Date: April 15, 2014
Docket Number: 13-10025
Justia Opinion Summary: Interline purchased a series of commercial liability policies from Chartis. The policies contained an exclusion for violations of any statute that addresses transmitting any material or information (the "Exclusion").…
Date: April 15, 2014
Docket Number: 13-10993
Justia Opinion Summary: Amendments to the Commodity Exchange Act, Pub. L. No. 111-203, 124 Stat. 1376, made by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 purported to expand the enforcement authority of the Commodity…
Date: April 15, 2014
Docket Number: 13-11619
Date: April 15, 2014
Docket Number: 13-13541
Date: April 14, 2014
Docket Number: 12-15061
Justia Opinion Summary: Plaintiff (the customer) filed suit against State Street (the custodian bank), alleging in essence that it had a duty to notify him that the securities in his account were worthless. The district court granted State…
Date: April 14, 2014
Docket Number: 12-15739
Justia Opinion Summary: David Knowlton, a property owner at the Abaco Club, fell to his death from a rocky cliff (the Point) adjacent to defendant's Abaco Club property on the island of Abaco in the Bahamas. Plaintiff filed suit alleging that…
Date: April 14, 2014
Docket Number: 13-11805
Justia Opinion Summary: Plaintiff filed suit against BHDR under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., alleging that by failing to remedy certain flaws in the design and construction of the District Universal Boulevard Apartments…
Date: April 11, 2014
Docket Number: 11-14989
Justia Opinion Summary: Petitioner appealed the denial of his motion to vacate, set aside, or correct his sentence, filed under 28 U.S.C. 2255. The court granted a certificate of appealability concerning whether defendant's trial counsel was…
Date: April 10, 2014
Docket Number: 13-13083
Date: April 8, 2014
Docket Number: 12-13871
Justia Opinion Summary: Plaintiffs, an attorney and her client, filed suit against defendants in their individual capacities, asserting claims under 42 U.S.C. 1983 for violations of the Fourth Amendment based on the warrantless recording of…
Date: April 8, 2014
Docket Number: 13-10280
Justia Opinion Summary: Plaintiffs challenged the district court's order dismissing as moot his lawsuit alleging that two Federal Bureau of Prisons (BOP) officials violated his rights under the Eighth Amendment by being deliberately indifferent…
Date: April 8, 2014
Docket Number: 13-12696
Justia Opinion Summary: Plaintiff filed suit against her former employer, Hartford, alleging claims of interference and retaliation under the Family Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601, et seq. The court rejected plaintiff's…
Date: April 7, 2014
Docket Numbers: 11-15149, 12-10293
Justia Opinion Summary: Petitioner, convicted of 18 U.S.C. 2422(b), and the Government filed a joint statement consenting to the magistrate judge's jurisdiction under 28 U.S.C. 636(c). In Appeal No. 12-10293, which must be decided before the…
Date: April 7, 2014
Docket Number: 12-10887
Justia Opinion Summary: Petitioner, a Florida state prisoner, appealed from the denial of his motion to reconsider the denial of his 28 U.S.C. 2254 petition. The court concluded that the State was procedurally required to serve petitioner with…
Date: April 7, 2014
Docket Number: 12-11818
Justia Opinion Summary: Plaintiff filed suit against prison officials after he was assaulted and stabbed by his cellmate. Plaintiff alleged that the officials were deliberately indifferent to the substantial risk of harm that the cellmate posed…
Date: April 7, 2014
Docket Number: 13-12933
Date: April 4, 2014
Docket Number: 12-13749
Justia Opinion Summary: Defendant appealed his conviction of sexual exploitation of a minor to produce child pornography in violation of 18 U.S.C. 2251(a) (Count 1), distribution of child pornography in violation of 18 U.S.C. 2252A(a)(2) (Count…
Date: April 4, 2014
Docket Number: 13-10400
Justia Opinion Summary: Defendant appealed his 96-month sentence after pleading guilty to possessing a firearm as a convicted felon. The district court calculated a base offense level of 24 under U.S.S.G. 2K2.1(a)(2) because defendant had at…
Date: April 4, 2014
Docket Number: 13-14340
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