2017 Eleventh Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1924
Date: September 21, 2017
Docket Number: 16-15583
Justia Opinion Summary: Plaintiff, a public school teacher, filed suit under 42 U.S.C. 1983, alleging that she was denied a promotion in violation of her First Amendment right to free speech and intimate association. The Fifth Circuit reversed…
Date: September 21, 2017
Docket Numbers: 16-16079, 18-11272
Date: September 20, 2017
Docket Numbers: 16-10119, 16-10120, 16-10122, 16-10124, 16-10351, 16-10354, 16-10355, 16-10356, 16-10357, 16-11520, 16-11519, 16-12841, 16-14364
Justia Opinion Summary: In this appeal arising from an allegedly defective surgical mesh implant, the Eleventh Circuit certified the following question to the Supreme Court of Texas: In a product liability case, does Texas' discovery rule…
Date: September 20, 2017
Docket Number: 16-16444
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of defendant's motion to suppress evidence agents found in an outbuilding adjacent to defendant's main residence while they were executing a warrant for…
Date: September 19, 2017
Docket Number: 17-11512
Date: September 18, 2017
Docket Number: 12-15548
Justia Opinion Summary: When a plaintiff takes inconsistent positions by pursuing in district court a civil claim that he failed to disclose as an asset in his bankruptcy proceedings, a district court may apply judicial estoppel to bar the…
Date: September 18, 2017
Docket Number: 16-17223
Date: September 18, 2017
Docket Number: 17-10170
Date: September 15, 2017
Docket Numbers: 16-11606, 18-11702
Date: September 14, 2017
Docket Number: 16-17187
Date: September 14, 2017
Docket Number: 17-10190
Date: September 8, 2017
Docket Numbers: 14-13197, 16-17440
Date: September 8, 2017
Docket Number: 16-13622
Date: September 8, 2017
Docket Numbers: 16-16195, 16-17617, 17-11482, 18-10295
Date: September 8, 2017
Docket Number: 17-11010
Date: September 7, 2017
Docket Number: 14-11884
Date: September 7, 2017
Docket Numbers: 15-14160, 15-14162, 15-14178, 15-14179, 15-14180
Justia Opinion Summary: The Eleventh Circuit reversed the dismissal of five complaints filed by automobile body shops, asserting federal antitrust and state tort claims against insurance companies. The court held that the shops pleaded enough…
Date: September 7, 2017
Docket Number: 16-13003
Justia Opinion Summary: The plain reading of the Pregnancy Discrimination Act (PDA) covers discrimination against breastfeeding mothers. Plaintiff filed suit against the police department under the PDA and the Family and Medical Leave Act…
Date: September 7, 2017
Docket Number: 16-15451
Justia Opinion Summary: Defendants Larry and Dixie Masino were indicted for conspiracy to commit wire fraud, operating an illegal gambling business, conspiracy to commit money laundering, and money laundering. A federal grand jury returned a…
Date: September 7, 2017
Docket Numbers: 16-16195, 16-17617, 17-11482, 18-10295
Date: September 6, 2017
Docket Number: 15-15643
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for dealing in firearms without a federal firearms license, in violation of 18 U.S.C. 922(a)(1)(A), and selling firearms to unlicensed residents of states…
Date: September 6, 2017
Docket Number: 16-16969
Date: September 6, 2017
Docket Number: 17-10556
Date: September 6, 2017
Docket Number: 17-11419
Date: September 6, 2017
Docket Number: 17-11536
Justia Opinion Summary: This appeal involved four of a group of twelve cases filed by death row inmates challenging the constitutionality of the State's lethal injection protocol. The Eleventh Circuit reversed the dismissal of the four cases,…
Date: September 5, 2017
Docket Number: 16-10469
Date: September 5, 2017
Docket Number: 16-11418
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of defendant's motion for a new trial after he was convicted of importing a controlled substance and of possessing a controlled substance with the intent to…
Date: September 1, 2017
Docket Numbers: 15-15732, 16-17167, 16-16876
Justia Opinion Summary: Plaintiffs, death row inmates, filed suit challenging the constitutionality of Alabama's execution protocol. The Eighth Circuit vacated the district court's grant of summary judgment for the ADOC and held that genuine…
Date: September 1, 2017
Docket Number: 16-15992
Date: September 1, 2017
Docket Number: 16-16784
Date: September 1, 2017
Docket Number: 17-10121
Date: September 1, 2017
Docket Number: 17-10581
Date: September 1, 2017
Docket Number: 17-10958
Date: August 31, 2017
Docket Number: 16-11125
Date: August 31, 2017
Docket Number: 16-15008
Date: August 31, 2017
Docket Number: 17-10764
Date: August 30, 2017
Docket Number: 15-13923
Date: August 30, 2017
Docket Number: 16-11548
Justia Opinion Summary: Plaintiff filed suit against a sheriff's deputy for improperly accessing and viewing her private information on Florida driver's license databases. The district court granted plaintiff's motion for judgment as a matter…
Date: August 30, 2017
Docket Number: 16-16634
Date: August 30, 2017
Docket Number: 17-11881
Date: August 29, 2017
Docket Number: 16-12207
Date: August 29, 2017
Docket Number: 16-17295
Date: August 25, 2017
Docket Number: 15-10351
Justia Opinion Summary: The Eleventh Circuit granted the government's petition to rehear this case en banc and held that Florida felony battery does categorically qualify as a crime of violence under USSG 2L1.2 of the Guidelines. The en banc…
Date: August 25, 2017
Docket Numbers: 15-14533, 15-14625, 19-13362
Date: August 25, 2017
Docket Number: 17-10113
Date: August 24, 2017
Docket Number: 16-13404
Justia Opinion Summary: Plaintiff filed suit alleging that TransUnion willfully violated a provision of the Fair Credit Reporting Act, 15 U.S.C. 1681e(b), 1681n, which requires that a consumer reporting agency "follow reasonable procedures to…
Date: August 24, 2017
Docket Number: 16-15240
Date: August 23, 2017
Docket Number: 14-15499
Justia Opinion Summary: The Eleventh Circuit granted rehearing en banc to review the constitutionality of a municipal ordinance prohibiting the sale of sexual devices in light of several recent Supreme Court decisions. After agreeing to take…
Date: August 23, 2017
Docket Number: 16-16336
Justia Opinion Summary: The Eleventh Circuit vacated defendant's 366-day sentence for theft of mail, holding that the enhancement for the number of victims under USSG 2B1.1(b)(2)(A)(i), which was based on the application of a "special rule" in…
Date: August 23, 2017
Docket Number: 16-16648
Date: August 22, 2017
Docket Number: 16-15105
Justia Opinion Summary: Plaintiff and his wife filed suit against TVA, alleging negligence involving a tragic accident on the Tennessee River where he was seriously injured when his boat passed through an area of the river that the TVA was…
Date: August 21, 2017
Docket Number: 15-13395
Justia Opinion Summary: The Eleventh Circuit affirmed Defendants Blake and Moore's conviction of child sex trafficking for managing a prostitution ring involving at least two girls under the age of eighteen. The court held that the district…
Date: August 21, 2017
Docket Number: 16-17470
Date: August 18, 2017
Docket Number: 14-12239
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's sentence of 685 months in prison for multiple armed robbery and carjacking crimes committed while he was a juvenile. The court held that defendant did not assert any valid ground…
Date: August 18, 2017
Docket Number: 14-15205
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for attempting to carry out a terrorist plot and for possessing a firearm not registered to him. The court held, after careful and thorough review, that…
Date: August 18, 2017
Docket Number: 16-11176
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of the Hospitals' suit to recover recoupments. At issue was whether, under the Medicare Act, 42 U.S.C. 1395w-21 to 1395w-29, the Hospitals must exhaust their…
Date: August 18, 2017
Docket Number: 16-17353
Justia Opinion Summary: The Eleventh Circuit vacated its prior opinion and substituted the following opinion in its place. The court dismissed defendant's appeal of the district court's denial of his motion requesting a judicial…
Date: August 17, 2017
Docket Number: 16-15119
Justia Opinion Summary: Plaintiff filed suit against SPS for damages under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2601 et seq. The Eleventh Circuit affirmed the district court's grant of summary judgment to SPS, holding…
Date: August 17, 2017
Docket Number: 16-15860
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's convictions for possessing a firearm and ammunition while being illegally or unlawfully in the United States. Citing textual support, prior precedent, congressional acquiescence,…
Date: August 16, 2017
Docket Number: 16-16811
Date: August 15, 2017
Docket Number: 16-13495
Date: August 15, 2017
Docket Number: 16-15766
Date: August 15, 2017
Docket Number: 16-17353
Justia Opinion Summary: The Eleventh Circuit dismissed defendant's motion requesting a judicial recommendation to the Bureau of Prisons (BOP) for placement in a residential re-entry center (RRC) 12 months prior to the end of his sentence.…
Date: August 14, 2017
Docket Number: 16-10978
Date: August 14, 2017
Docket Number: 16-14428
Date: August 11, 2017
Docket Number: 15-11574
Date: August 11, 2017
Docket Number: 16-15289
Date: August 11, 2017
Docket Number: 16-16531
Date: August 11, 2017
Docket Number: 16-16882
Date: August 11, 2017
Docket Number: 16-17192
Date: August 10, 2017
Docket Numbers: 15-14394, 15-15256
Justia Opinion Summary: The City challenged the district court's order granting Retailers' renewed motion for a preliminary injunction, and denying the City's motions for clarification and for reconsideration. The preliminary injunction…
Date: August 10, 2017
Docket Number: 15-14854
Date: August 10, 2017
Docket Number: 16-10498
Justia Opinion Summary: The Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 et seq., permits a consumer to partially revoke her consent to be called by means of an automatic telephone dialing system. The Eleventh Circuit thought it…
Date: August 10, 2017
Docket Number: 16-16362
Justia Opinion Summary: The Eleventh Circuit affirmed the dismissal of plaintiff's claims under state law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, as well as the grant of summary judgment for the City as to claims under…
Date: August 9, 2017
Docket Numbers: 16-11538, 18-13699
Date: August 9, 2017
Docket Number: 19-15847
Date: August 7, 2017
Docket Number: 16-15574
Justia Opinion Summary: The Eleventh Circuit held that the district court erred in denying Waffle House's motion to compel arbitration in a case where plaintiff claimed that Waffle House and others violated the Fair Credit Reporting Act. In…
Date: August 7, 2017
Docket Number: 16-17339
Date: August 7, 2017
Docket Number: 17-10978
Date: August 4, 2017
Docket Number: 15-14286
Date: August 4, 2017
Docket Number: 16-11772
Justia Opinion Summary: The Eleventh Circuit affirmed the denial of defendant's renewed motion for a sentence reduction under 18 U.S.C. 3582(c)(2), holding that the district court had authority to entertain defendant's renewed motion but did…
Date: August 4, 2017
Docket Number: 16-14254
Justia Opinion Summary: The Eleventh Circuit affirmed the Tax Court's determination that petitioner was liable as a transferee under 26 U.S.C. 6901 for his former employer's unpaid taxes. Because the state substantive law in this case does not…
Date: August 3, 2017
Docket Number: 15-15260
Justia Opinion Summary: In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court reversed the certification of a nationwide class of female Wal-Mart employees claiming gender discrimination. The unnamed plaintiffs in Dukes then…
Date: August 3, 2017
Docket Number: 16-15779
Date: August 2, 2017
Docket Numbers: 16-10962, 16-13819
Date: August 1, 2017
Docket Number: 15-15360
Justia Opinion Summary: Defendants were convicted of conspiracy to distribute at least five kilograms of a substance containing cocaine while on board a covered vessel, and possession with intent to distribute at least five kilograms of a…
Date: July 28, 2017
Docket Number: 15-10810
Justia Opinion Summary: The Eleventh Circuit affirmed defendants' convictions under the Maritime Drug Law Enforcement Act (MDLEA), which criminalizes an individual's possessing with intent to distribute a controlled substance while on board a…
Date: July 28, 2017
Docket Numbers: 16-10664, 16-17448
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction for possession and transportation of child pornography. The court held that the evidence was sufficient for the jury to find that venue was proper in the Middle…
Date: July 28, 2017
Docket Number: 16-11204
Date: July 28, 2017
Docket Number: 16-17450
Date: July 27, 2017
Docket Number: 16-11306
Justia Opinion Summary: A firearm may be counted under USSG 2K2.1(b)(1) if state law prohibited defendant from possessing it, even if federal law did not. The Eleventh Circuit affirmed defendant's within-Guidelines sentence of 80 months in…
Date: July 27, 2017
Docket Number: 16-11627
Justia Opinion Summary: The Eighth Circuit affirmed defendant's sentence of 48 months in prison after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior Florida conviction for felony fleeing to…
Date: July 27, 2017
Docket Number: 16-16272
Date: July 26, 2017
Docket Number: 17-10344
Date: July 25, 2017
Docket Number: 15-14257
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2254 petition for writ of habeas corpus. The court held that the district court erred by conducting de novo review. The state court's…
Date: July 25, 2017
Docket Number: 17-11258
Date: July 24, 2017
Docket Numbers: 15-12943, 16-15080, 17-10177, 19-14309, 20-13787
Date: July 24, 2017
Docket Number: 16-16968
Date: July 21, 2017
Docket Numbers: 15-13720, 15-15801
Justia Opinion Summary: Plaintiffs, representatives of the estates of decedents who perished in a plan crash in Nigeria, appealed the district court's dismissal of their claims based upon the doctrine of forum non conveniens and denial of their…
Date: July 21, 2017
Docket Number: 16-16426
Date: July 20, 2017
Docket Numbers: 16-12124, 18-11830
Date: July 19, 2017
Docket Number: 15-11595
Justia Opinion Summary: Plaintiff, employed as a police officer with the city, filed suit under 42 U.S.C. 1983, alleging violation of his First Amendment rights when the city and the mayor arranged for plaintiff's termination based on…
Date: July 19, 2017
Docket Number: 16-15906
Date: July 19, 2017
Docket Number: 16-16458
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and an armed career criminal and was sentenced in 2010. In 2011, a Florida court sentenced defendant for robbery and kidnappingn offenses. In 2016, the…
Date: July 18, 2017
Docket Number: 15-11788
Justia Opinion Summary: In 2007, plaintiff filed with the EEOC a charge of race and disability discrimination against her employer, the school board. In 2009, the Commission dismissed the charge and provided her notice of her right to sue…
Date: July 18, 2017
Docket Number: 16-15612
Date: July 17, 2017
Docket Numbers: 16-13215, 17-14517
Date: July 17, 2017
Docket Number: 16-15164
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's sentence after he pleaded guilty to five counts of unlawful possession of a firearm and drug-related offenses. The court held that defendant's prior Florida conviction of…
Date: July 17, 2017
Docket Number: 16-16163
Justia Opinion Summary: The Eleventh Circuit held, in this international arbitration dispute, that questions of arbitral venue, even those arising in international arbitration, are presumptively for the arbitrator to decide. Because the…
Date: July 17, 2017
Docket Number: 16-16479
Justia Opinion Summary: Plaintiffs are current and former federal law enforcement employees and their spouses who were deceived into investing in a Ponzi scheme presenting as the Federal Employee Benefits Group (FEBG). Plaintiffs filed suit…
Date: July 14, 2017
Docket Number: 15-14832
Justia Opinion Summary: The Eleventh Circuit affirmed in part defendant's 84-month sentence for identity theft and conspiracy to commit wire fraud. The court held that the loss amount of $165,500 from 331 debit and credit cards ($500 times 331)…
Date: July 14, 2017
Docket Number: 17-10068
Date: July 13, 2017
Docket Number: 14-14913
Justia Opinion Summary: The Eleventh Circuit granted a petition for review of the BIA's final order of removal. The BIA affirmed an IJ's finding that petitioner was removable under 8 U.S.C. 1227(a)(1)(A) for having willfully made a material…
Date: July 13, 2017
Docket Numbers: 16-12059, 18-12374
Date: July 13, 2017
Docket Number: 16-15647
Date: July 13, 2017
Docket Number: 16-15792
Date: July 13, 2017
Docket Number: 16-16459
Date: July 13, 2017
Docket Number: 16-17163
Date: July 13, 2017
Docket Number: 17-10341
Date: July 12, 2017
Docket Number: 15-14451
Date: July 12, 2017
Docket Number: 15-14642
Justia Opinion Summary: Plaintiff filed suit against the Miami-Dade County State Attorney under 42 U.S.C. 1983, after she informed plaintiff that his recording of a meeting between him and the Chief of Police violated the Florida Security of…
Date: July 12, 2017
Docket Number: 16-15369
Date: July 12, 2017
Docket Number: 16-16431
Date: July 11, 2017
Docket Number: 16-10282
Date: July 11, 2017
Docket Number: 16-15320
Date: July 11, 2017
Docket Number: 16-16592
Date: July 10, 2017
Docket Number: 15-13846
Justia Opinion Summary: Petitioner, a citizen of Guyana and lawful permanent resident of the United States, petitioned for review of the BIA's order upholding the IJ's finding that he was removable under 8 U.S.C. 237(a)(2)(A)(iii). The Eleventh…
Date: July 10, 2017
Docket Numbers: 15-15738, 15-15743
Justia Opinion Summary: Defendants were not eligible for relief under 18 U.S.C. 3582(c)(2) where they were sentenced to the statutory mandatory minimum applicable to their offenses at their original sentencing. The Eleventh Circuit held that…
Date: July 10, 2017
Docket Number: 16-11349
Justia Opinion Summary: The Eleventh Circuit reversed the district court's denial of defendant's motion for acquittal, holding that no reasonable jury could find from the little evidence presented during the two-day trial that defendant was…
Date: July 10, 2017
Docket Number: 17-10486
Date: July 7, 2017
Docket Numbers: 13-13554, 16-16307
Date: July 7, 2017
Docket Number: 13-15042
Justia Opinion Summary: Specific procedures provided in Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., demanding a jury trial on arbitrability issues displace the general procedures for demanding a jury trial under the…
Date: July 7, 2017
Docket Number: 15-12784
Date: July 7, 2017
Docket Number: 16-11782
Date: July 6, 2017
Docket Number: 15-13979
Justia Opinion Summary: Plaintiffs filed suit against defendants for harms allegedly suffered by plaintiffs when plaintiffs were enrolled in a clinical study while being treated for health issues accompanying their premature births. The…
Date: July 6, 2017
Docket Number: 16-11453
Justia Opinion Summary: After city officers shot plaintiff, he filed suit alleging claims, inter alia, under 42 U.S.C. 1983 for violations of his constitutional rights. On appeal, defendants challenged the district court's denial of their…
Date: July 6, 2017
Docket Number: 16-13447
Date: July 6, 2017
Docket Number: 16-15321
Date: July 5, 2017
Docket Number: 15-14716
Justia Opinion Summary: This appeal arose out of the Ponzi scheme orchestrated by Scott Rothstein through his law firm, Rothstein Rosenfeldt Adler (RRA). Trustees of RRA filed suit alleging breach of contract and bad faith claims against…
Date: July 5, 2017
Docket Number: 16-11246
Justia Opinion Summary: In an in rem admiralty proceeding involving the wreckage of Spanish galleons, Fleet-Queens recovered approximately four hundred gold coins, among other treasures, from an area that Gold Hound had allegedly been salvaging…
Date: July 5, 2017
Docket Number: 16-12123
Date: June 30, 2017
Docket Number: 15-11574
Date: June 30, 2017
Docket Number: 15-13295
Justia Opinion Summary: Answering certified questions from the Eleventh Circuit, the Supreme Court of Georgia concluded that, while O.C.G.A. 9-11-67.1 sets forth certain terms and conditions that must be included in every written offer of…
Date: June 30, 2017
Docket Number: 16-11341
Justia Opinion Summary: The board of trustees for the University filed suit against CoMentis in federal court, asserting diversity of citizenship under 28 U.S.C. 1332(a). The district court dismissed the complaint on the merits. The Eleventh…
Date: June 30, 2017
Docket Number: 16-15322
Justia Opinion Summary: ZPRIM sought review of the SEC's final order finding that petitioners made material misrepresentations to prospective clients in violation of the Investment Advisers Act of 1940, 15 U.S.C. 80b-1. The Eleventh Circuit…
Date: June 30, 2017
Docket Number: 17-10172
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of petitioner's motion under 28 U.S.C. 2255 to vacate her conviction and sentence for using and carrying a firearm during and in relation to a crime of violence,…
Date: June 29, 2017
Docket Number: 16-10518
Date: June 29, 2017
Docket Number: 16-14170
Date: June 29, 2017
Docket Number: 16-15325
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