2015 Eleventh Circuit US Court of Appeals Case Law
Opinions 1501 - 1896 of 1896
Date: March 20, 2015
Docket Number: 14-14879
Date: March 19, 2015
Docket Number: 14-11111
Date: March 19, 2015
Docket Number: 14-13423
Justia Opinion Summary: George Russell Curtis, Betty Curtis, and the George Russell Curtis, Sr., Living Trust, who are the defendants in this adversarial proceeding, appeal the bankruptcy court’s judgment, which allowed the bankruptcy trustee…
Date: March 19, 2015
Docket Number: 14-14481
Date: March 18, 2015
Docket Number: 14-12213
Date: March 17, 2015
Docket Number: 13-15799
Date: March 17, 2015
Docket Number: 13-15874
Justia Opinion Summary: Defendants-appellants Joseph Clarke and Bobby Jenkins appealed their convictions for conspiracy to commit Hobbs Act robbery; conspiracy to possess with intent to distribute five or more kilograms of cocaine; possession…
Date: March 17, 2015
Docket Number: 14-10824
Date: March 16, 2015
Docket Number: 13-12013
Date: March 16, 2015
Docket Number: 13-14381
Justia Opinion Summary: David Edmond was indicted for conspiracy to commit access-device fraud and aggravated identity theft based upon his use of social security numbers to make fraudulent bank transfers. Pursuant to a plea agreement, he…
Date: March 16, 2015
Docket Number: 13-15752
Justia Opinion Summary: In 2006, Detective Carl Rousseau of the Miami-Dade County Police Department stopped a vehicle driven by Ricardo Garcia. During the traffic stop, Detective Rousseau shot Garcia’s passenger, Roberto Valderrama, in the…
Date: March 16, 2015
Docket Number: 14-11549
Date: March 16, 2015
Docket Number: 14-11698
Date: March 13, 2015
Docket Number: 14-11036
Justia Opinion Summary: In October 2012, John Lary filed a pro se complaint against Hong and Trinity in which he alleged that they sent him a fax in violation of two provisions of the Telephone Consumer Protection Act. The questions raised by…
Date: March 12, 2015
Docket Number: 13-13125
Justia Opinion Summary: Defendant Elliot Rivera appealed his convictions for murder for hire and conspiracy to commit murder for hire. At trial, evidence was presented showing that Defendant attempted to hire a hit man to murder a person on…
Date: March 12, 2015
Docket Number: 13-13780
Justia Opinion Summary: In February 2011, officers were searching for defendant Shedrick Hollis based on an outstanding Georgia arrest warrant for a parole violation. Law enforcement learned that Hollis could be found in an apartment the…
Date: March 12, 2015
Docket Number: 14-11590
Justia Opinion Summary: SE Property Holdings, LLC, and affiliated entity Vision-Park Properties, LLC, (collectively “Vision”) appealed a district court’s order upholding decisions in the bankruptcy restructuring proceedings of Seaside…
Date: March 11, 2015
Docket Number: 13-13672
Justia Opinion Summary: In a consolidated qui tam action, three relators brought claims under the False Claims Act against an educational institution for falsely certifying to the government that it was in compliance with various federal…
Date: March 11, 2015
Docket Number: 13-14283
Date: March 11, 2015
Docket Numbers: 14-11258, 17-11919
Date: March 11, 2015
Docket Numbers: 14-13006, 17-13125
Date: March 10, 2015
Docket Number: 14-10271
Date: March 9, 2015
Docket Number: 13-14013
Date: March 6, 2015
Docket Number: 14-13654
Date: March 5, 2015
Docket Number: 13-12436
Justia Opinion Summary: A jury convicted the defendant Jerry Thomas Davis of possessing an unregistered short-barreled shotgun, and he appealed. This case presented three issues for the Eleventh Circuit's review: (1) does Federal Rule of…
Date: March 5, 2015
Docket Numbers: 13-15414, 15-15197
Date: March 5, 2015
Docket Number: 14-11954
Date: March 5, 2015
Docket Number: 14-12971
Date: March 5, 2015
Docket Number: 14-13429
Date: March 4, 2015
Docket Number: 13-13848
Date: March 3, 2015
Docket Numbers: 14-12849, 16-10667
Date: March 2, 2015
Docket Number: 13-10352
Justia Opinion Summary: Petitioner-appellant Rodolfo Hernandez pleaded guilty to one count of conspiring to possess with intent to distribute at least 1,000 kilograms of a substance containing marijuana, and three counts of possession with…
Date: March 2, 2015
Docket Number: 13-12071
Justia Opinion Summary: Petitioner Putu Indrawati appealed a Board of Immigration Appeals' (BIA) order that affirmed an Immigration Judge's (IJ) decision that she was barred from adjustment status because she knowingly filed a frivolous asylum…
Date: March 2, 2015
Docket Number: 13-12967
Justia Opinion Summary: A Florida jury convicted Antonio Melton of armed robbery and first-degree felony murder for shooting George Carter during a robbery of Carter’s pawn shop. He was sentenced to death. Melton sought postconviction relief…
Date: March 2, 2015
Docket Number: 14-11636
Justia Opinion Summary: Plaintiff-appellant Patricia Clements refinanced a mortgage with Wells Fargo Bank, N.A., which hired LSI Title Agency, Inc. to provide mortgage refinancing services for the transaction. Because Georgia law required all…
Date: March 2, 2015
Docket Number: 14-13325
Date: March 2, 2015
Docket Number: 15-10797
Justia Opinion Summary: Plaintiff-appellant Kelly Gissendaner was convicted for murdering her husband, for which she was sentenced to death by lethal injection. She filed a 42 U.S.C. 1983 lawsuit alleging Georgia's method of execution violated…
Date: February 27, 2015
Docket Number: 13-11813
Date: February 27, 2015
Docket Numbers: 13-12135, 13-15859
Justia Opinion Summary: The Eleventh Circuit Court of Appeals certified a question of Florida law to the Florida Supreme Court. Two cases before the Eleventh Circuit involved three Stranger-Originated Life Insurance (STOLI policies). Wells…
Date: February 27, 2015
Docket Number: 13-14781
Justia Opinion Summary: DVI Receivables XIV, LLC; DVI Receivables XVI, LLC; DVI Receivables XVII, LLC; DVI Receivables XVIII, LLC; DVI Receivables XIX, LLC; DVI Funding, LLC (collectively, the "DVI Entities"); Lyon Financial Services, Inc.…
Date: February 27, 2015
Docket Number: 14-10086
Justia Opinion Summary: In August 2012, the United States filed a civil suit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., alleging that the failure of the Florida to provide a kosher diet…
Date: February 27, 2015
Docket Number: 14-10549
Justia Opinion Summary: The issue this case presented for the Eleventh Circuit's review centered on an insurance-coverage dispute that began in 2011 between Severin and Stephanie Hegel and The First Liberty Insurance Corporation. The Hegels…
Date: February 27, 2015
Docket Number: 14-11857
Justia Opinion Summary: Florida inmate Paul Everett petitioned for habeas relief after he was convicted of first-degree murder, for which he received the death penalty. The district court denied his petition, but granted a certificate of…
Date: February 26, 2015
Docket Number: 13-12559
Justia Opinion Summary: Imperial Premium Finance LLC was implicated in a life insurance scheme. Imperial’s primary business involved stranger-originated life insurance (STOLI), yet its business was not a STOLI in its purest form: instead of…
Date: February 26, 2015
Docket Number: 13-13651
Date: February 25, 2015
Docket Number: 13-15873
Date: February 24, 2015
Docket Number: 13-11190
Date: February 24, 2015
Docket Number: 13-14065
Justia Opinion Summary: The Military and Overseas Voter Empowerment Act (UOCAVA), Pub. L. No. 111-84, Subtitle H, 575-589, 123 Stat. 2190, 2322, amended the Uniformed and Overseas Citizen Absentee Voting Act of 1986, 42 U.S.C. 1973ff. The…
Date: February 24, 2015
Docket Number: 14-10174
Justia Opinion Summary: Defendant appealed his convictions of sexual exploitation of a child and possession of child pornography. The court affirmed the convictions, concluding that the evidence was sufficient to convict defendant, and that his…
Date: February 20, 2015
Docket Numbers: 12-15595, 13-15256, 13-15259, 14-11700, 14-11771
Justia Opinion Summary: In these consolidated appeals, the Redmond Group and Zeltser Group dispute over ownership of, and control over, three involuntary debtors: Fisher Island, Little Rest, and Mutual Benefits (collectively, the "Alleged…
Date: February 20, 2015
Docket Numbers: 14-11395, 14-11755
Date: February 20, 2015
Docket Number: 14-13087
Date: February 19, 2015
Docket Number: 13-14742
Date: February 18, 2015
Docket Numbers: 14-12408, 14-13521
Justia Opinion Summary: Defendant moved to Daytona Beach, Florida after registering as a sex offender in the Northern District of Georgia. Defendant failed to update his registration in Daytona Beach and was indicted for failure to register.…
Date: February 18, 2015
Docket Number: 14-12769
Date: February 17, 2015
Docket Number: 12-16056
Justia Opinion Summary: Eight defendants, seven individuals and one corporation, appealed their convictions and sentences stemming from their involvement in a complex and sustained scheme of Medicare fraud. The seven individual defendants are…
Date: February 17, 2015
Docket Number: 13-10700
Date: February 13, 2015
Docket Number: 14-10095
Date: February 13, 2015
Docket Number: 14-11861
Date: February 12, 2015
Docket Number: 14-11298
Justia Opinion Summary: The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. 20302(a)(8)(A), includes a variety of measures that states are required to adopt in order to accommodate military voters when they administer…
Date: February 12, 2015
Docket Number: 14-13848
Date: February 11, 2015
Docket Number: 13-13620
Date: February 11, 2015
Docket Number: 13-15165
Date: February 10, 2015
Docket Number: 13-12082
Justia Opinion Summary: This appeal stemmed from five putative class actions filed against Wells Fargo and its predecessor, Wachovia Bank. At issue was whether Wells Fargo's waiver of its right to compel arbitration of the named plaintiffs'…
Date: February 10, 2015
Docket Number: 14-11203
Justia Opinion Summary: Plaintiff, appointed the receiver of six hedge funds that were part of a Ponzi scheme orchestrated by Arthur Nadel, attempted to recover alleged "false profits" in connection with Nadel's fraudulent scheme. Herbert…
Date: February 10, 2015
Docket Number: 14-12415
Date: February 9, 2015
Docket Number: 12-13009
Justia Opinion Summary: Defendant, the Director of International Affairs at Telecommunications D'Haiti, appealed his conviction for two counts of conspiring to commit money laundering and 19 counts of concealment of money laundering, as well as…
Date: February 9, 2015
Docket Numbers: 14-12472, 14-12472
Justia Opinion Summary: The Bank filed a claim with Travelers for the loss incurred with a long-time customer's default. The customer had pledged various assets as collateral for a loan including stock certificates representing shares in The…
Date: February 9, 2015
Docket Number: 14-13289
Date: February 9, 2015
Docket Number: 14-13314
Date: February 6, 2015
Docket Number: 14-10230
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to illegal reentry after being deported subsequent to an aggravated felony conviction. The district court applied a 16-level enhancement under U.S.S.G.…
Date: February 5, 2015
Docket Number: 12-15208
Justia Opinion Summary: Petitioner, convicted of conspiring to possess with intent to distribute, appealed the denial of his 28 U.S.C. 2255 motion to vacate his sentence based on the ineffective assistance of counsel. Petitioner's counsel died…
Date: February 3, 2015
Docket Number: 13-14935
Justia Opinion Summary: Defendant appealed his conviction for possession of a firearm by a convicted felon and subsequently appealed the denial of his motion to suppress the firearm found in the vehicle in which he was a passenger. The court…
Date: February 3, 2015
Docket Numbers: 14-11713, 14-12995
Date: February 2, 2015
Docket Number: 13-13171
Justia Opinion Summary: Defendant appealed his conviction and sentence for one count of conspiracy to commit health care fraud; eight counts of health care fraud; one count of conspiracy to pay health care kickbacks; and three counts of payment…
Date: February 2, 2015
Docket Number: 13-15583
Justia Opinion Summary: Defendant pleaded guilty to one count of felon-in-possession of a firearm and subsequently challenged the district court's denial of his motion to suppress a sawed-off shotgun found in the vehicle he was driving. After a…
Date: January 30, 2015
Docket Number: 13-10453
Justia Opinion Summary: Defendants Holt, Barnes, Barbary, and Lewis appealed their convictions for drug-related offenses. Defendant Hartfield appeals his conviction for conspiracy to distribute and possess with intent to distribute oxycodone…
Date: January 30, 2015
Docket Number: 14-13590
Date: January 29, 2015
Docket Number: 14-11107
Justia Opinion Summary: Geosyntec, a specialty consulting and engineering firm, filed suit seeking a federal income tax refund under 26 U.S.C. 41. Under section 41, a taxpayer may claim a tax credit for increased spending on qualified research.…
Date: January 28, 2015
Docket Number: 14-10737
Date: January 28, 2015
Docket Number: 14-12288
Date: January 28, 2015
Docket Number: 14-12973
Date: January 27, 2015
Docket Number: 12-16507
Date: January 27, 2015
Docket Number: 13-13518
Justia Opinion Summary: Defendant appealed his conviction for one count of travel in foreign commerce for the purpose of engaging in a "sexual act" with a minor; four counts of travel in foreign commerce for the purpose of engaging in "illicit…
Date: January 26, 2015
Docket Number: 14-10713
Date: January 26, 2015
Docket Numbers: 14-10913, 14-10978
Date: January 26, 2015
Docket Number: 14-11214
Date: January 26, 2015
Docket Number: 14-11690
Date: January 26, 2015
Docket Number: 14-13077
Date: January 26, 2015
Docket Number: 15-10192
Justia Opinion Summary: Petitioner, scheduled for execution, filed a second, counseled application for permission to file a second or successive federal petition for a writ of habeas corpus under 28 U.S.C. 2254. The court denied the application…
Date: January 23, 2015
Docket Number: 13-11898
Justia Opinion Summary: Petitioner appealed the denial of his habeas petition without holding an evidentiary hearing, challenging the adequacy of the Alabama court's fact-finding procedure on collateral review. Petitioner alleged that he…
Date: January 23, 2015
Docket Number: 14-11473
Justia Opinion Summary: Iberiabank appealed the district court's decision affirming the bankruptcy court's order that Iberiabank's claims against Bradford Geisen, president and 100% shareholder of FFS, were released. The court concluded that…
Date: January 22, 2015
Docket Number: 12-11755
Justia Opinion Summary: Plaintiff filed a breach of contract claim against Zenith after Santana Morales, Jr. was crushed to death by a palm tree while working as a landscaper for Lawns. The Florida Supreme Court answered the following certified…
Date: January 21, 2015
Docket Number: 13-13106
Justia Opinion Summary: Defendant was convicted of drug trafficking and possession charges. On appeal, defendant challenged the district court's order granting in part and denying in part his motion for a new trial. The court dismissed the…
Date: January 21, 2015
Docket Number: 13-15017
Justia Opinion Summary: Petitioner, convicted of murder and sentenced to death, appealed the dismissal of his 28 U.S.C. 2254 petition for a writ of habeas corpus, arguing that the limitations period equitably tolled because his untimely filing…
Date: January 20, 2015
Docket Number: 13-14863
Justia Opinion Summary: Plaintiff filed suit against defendants Joseph T. Cameron and Dow Chemical for injuries that Cameron allegedly inflicted on plaintiff while Cameron was acting within the course of his employment for Dow. Cameron was…
Date: January 20, 2015
Docket Number: 14-12144
Justia Opinion Summary: LabMD appealed the district court's dismissal of its challenges to the FTC's ability to regulate and conduct enforcement proceedings in the area of healthcare data privacy, arguing that the FTC's enforcement action…
Date: January 16, 2015
Docket Numbers: 13-12615, 13-13150, 13-13267, 13-13897, 13-14094, 13-12637
Justia Opinion Summary: These six consolidated appeals arose out of a Congressional exemption from taxation granted to the federal entities. Appellants contend that the state taxes normally imposed on real estate transfers apply when the…
Date: January 16, 2015
Docket Number: 13-15278
Justia Opinion Summary: Relator filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that healthcare clinics provided, and the Humana defendants either knew of or promoted, a variety of free services for…
Date: January 15, 2015
Docket Number: 14-10875
Date: January 15, 2015
Docket Number: 14-11156
Date: January 15, 2015
Docket Number: 14-11747
Justia Opinion Summary: Plaintiff filed suit against TitleMax for unpaid overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b). The court held that if an employer knew or had reason to know that its employee underreported his…
Date: January 14, 2015
Docket Number: 13-14538
Date: January 14, 2015
Docket Number: 14-10852
Date: January 14, 2015
Docket Number: 14-15617
Justia Opinion Summary: Petitioner, convicted of two murders and sentenced to death, filed an application seeking an order authorizing the district court to consider a second or successive petition for a writ of habeas corpus. Petitioner argues…
Date: January 13, 2015
Docket Number: 13-13528
Justia Opinion Summary: Defendants Odoni and Gunter appealed their convictions and sentences for multiple counts related to international investment fraud schemes. The court concluded that the district court did not err in denying Odoni's…
Date: January 13, 2015
Docket Number: 13-14297
Justia Opinion Summary: Plaintiff, a former deputy sheriff for the county, filed suit against the Sheriff, in his individual and official capacity, and the county, alleging that defendants violated her rights when they wrongfully terminated…
Date: January 13, 2015
Docket Number: 13-15347
Date: January 13, 2015
Docket Number: 13-15349
Justia Opinion Summary: National Maritime filed suit against Burrell for amounts owed for management and custodial services provided for a vessel, National Maritime obtained a judgment in its favor, and then National Maritime discovered that…
Date: January 13, 2015
Docket Number: 14-10183
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging that the termination of her visitation privileges with her inmate husband was in retaliation for exercising her First Amendment free speech rights. Plaintiff had made…
Date: January 12, 2015
Docket Numbers: 12-11227, 12-11356, 13-14728
Date: January 12, 2015
Docket Number: 14-11006
Date: January 12, 2015
Docket Number: 14-12395
Date: January 9, 2015
Docket Number: 13-10739
Justia Opinion Summary: Plaintiff, a federal prisoner and a Santeria priest, filed suit against prison employees, alleging violations of the First Amendment and the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb. Plaintiff sought…
Date: January 9, 2015
Docket Number: 13-12831
Justia Opinion Summary: Petitioner, convicted of burglary, appealed the dismissal of his pre-trial habeas corpus petition. Petitioner challenged the constitutionality of a dead-docketed indictment that has been pending for approximately…
Date: January 8, 2015
Docket Number: 12-15188
Justia Opinion Summary: Petitioner, sentenced to death for the murder of a mother and daughter, appealed from the district court's grant in part and denial in part of his 28 U.S.C. 2254 federal habeas petition. The State appealed from the part…
Date: January 8, 2015
Docket Numbers: 13-12486, 13-15581, 13-15842
Date: January 8, 2015
Docket Number: 14-11982
Date: January 7, 2015
Docket Number: 13-13272
Date: January 7, 2015
Docket Number: 14-11191
Date: January 7, 2015
Docket Numbers: 14-11202, 14-11204
Justia Opinion Summary: Plaintiffs filed suit claiming that Fayette County's at-large election system violated Section 2 of the Voting Rights Act, 52 U.S.C. 10301, by effectively guaranteeing that no African-American would be able to…
Date: January 7, 2015
Docket Number: 14-12243
Date: January 5, 2015
Docket Number: 13-10340
Date: January 5, 2015
Docket Number: 14-10257
Justia Opinion Summary: Defendant appealed the district court's revocation of his supervised release and sentence of 46 months imprisonment. The district court found that defendant committed a new felony controlled substance offense, had…
Date: January 5, 2015
Docket Number: 14-11111
Justia Opinion Summary: Plaintiff filed suit against Experian under the Fair Crediting Reporting Act (FCRA), 15 U.S.C. 1681i(a), alleging that Experian negligently and willfully violated its duty under the Act to conduct a reasonable…
Date: January 2, 2015
Docket Number: 13-15692
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