2015 Eleventh Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 1896
Date: June 25, 2015
Docket Number: 14-13478
Justia Opinion Summary: Plaintiffs filed suit against USAA, seeking to recover a portion of their insurance premium payments because they would have elected to pay for building ordinance and law (BOL) insurance covering only 25% of their home's…
Date: June 24, 2015
Docket Number: 13-15223
Date: June 24, 2015
Docket Numbers: 14-10591, 14-10593, 14-10594, 15-15533
Date: June 23, 2015
Docket Number: 12-15385
Justia Opinion Summary: Petitioner, convicted for molesting his daughter and her friend, appealed the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254, arguing that he received ineffective assistance of…
Date: June 23, 2015
Docket Number: 14-11987
Date: June 23, 2015
Docket Number: 14-13178
Justia Opinion Summary: After Dr. Paul B. Tartell and Dr. Lee M. Mandel split their practices, Dr. Mandel registered six domain names with variations of Dr. Tartell’s name. Dr. Tartell then filed a complaint against Dr. Mandel, his incorporated…
Date: June 22, 2015
Docket Numbers: 12-15660, 13-12009
Justia Opinion Summary: Defendants appealed their convictions and sentences for charges related to their involvement in one of the most long-lasting mortgage fraud conspiracies in the history of central Florida. The court reversed defendant…
Date: June 22, 2015
Docket Number: 13-13042
Justia Opinion Summary: Defendant appealed his conviction for charges related to his use of fraudulent checks. The court affirmed defendant’s convictions (Counts 1–5) for violating 18 U.S.C. 514 because they were supported by sufficient…
Date: June 22, 2015
Docket Number: 14-11998
Justia Opinion Summary: Defendant was indicted on one count of conspiracy to commit aircraft parts fraud in violation of 18 U.S.C. 38(a)(1)(C), (a)(3), and two substantive counts of aircraft parts fraud in violation of 18 U.S.C. 38(a)(1)(C),…
Date: June 22, 2015
Docket Number: 14-12723
Date: June 22, 2015
Docket Number: 14-14514
Justia Opinion Summary: Debtor filed for bankruptcy in 2011 and claimed numerous exemptions. At issue are debtor's requests for exemption for: (1) an annuity worth well over $150,000; and (2) the nearly $15,000 cash surrender value of a whole…
Date: June 19, 2015
Docket Number: 12-15089
Justia Opinion Summary: Defendant appealed his conviction for illegally reentering the United States for a second time. At issue was whether defendant's sentence, which was 60 months above the high end of defendant's revised guidelines range…
Date: June 19, 2015
Docket Number: 13-14064
Date: June 18, 2015
Docket Number: 13-10604
Date: June 16, 2015
Docket Number: 13-14435
Justia Opinion Summary: Defendant, who suffers from early-onset dementia, was indicted for 49 counts related to his involvement in engaging in various schemes to fraudulently divert monies from a non-for-profit organization. He subsequently…
Date: June 16, 2015
Docket Number: 13-14614
Date: June 16, 2015
Docket Numbers: 14-10548, 14-12070
Date: June 16, 2015
Docket Number: 14-10625
Date: June 16, 2015
Docket Number: 14-12752
Justia Opinion Summary: Plaintiff filed suit alleging that her former employer, Hamlin, discriminated against her on the basis of race and disability, and that Hamlin interfered with, or retaliated against her for exercising her right to take…
Date: June 16, 2015
Docket Number: 14-13344
Date: June 15, 2015
Docket Number: 14-10687
Date: June 15, 2015
Docket Number: 14-12260
Justia Opinion Summary: This case concerns Lolita, a killer whale held in captivity since 1970, who performs each day at the Seaquarium. ALDF filed suit against the USDA for declaratory and injunctive relief, alleging that Seaquarium houses…
Date: June 15, 2015
Docket Number: 14-14325
Justia Opinion Summary: Plaintiff filed suit against Tamborlee for negligence in the Southern District of Florida after she was injured during a shore excursion in Belize. At issue was whether the district court had general personal…
Date: June 12, 2015
Docket Number: 14-11750
Justia Opinion Summary: Plaintiff filed suit against Beltram, her former employer, claiming that it interfered with her rights under the Family Medical Leave Act (FMLA), 29 U.S.C. 2631-2636, by firing her instead of giving her medical leave.…
Date: June 12, 2015
Docket Number: 14-14679
Date: June 11, 2015
Docket Number: 14-11243
Date: June 11, 2015
Docket Number: 14-12985
Date: June 11, 2015
Docket Number: 14-14581
Date: June 11, 2015
Docket Number: 14-14679
Date: June 10, 2015
Docket Numbers: 13-13877, 14-12543
Justia Opinion Summary: Plaintiffs filed suit against the Dominican Republic and INDRHI for breach of contract and unjust enrichment related to an irrigation project in the Dominican Republic. After the district court entered a default judgment…
Date: June 10, 2015
Docket Number: 14-11441
Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2254 federal habeas petition, arguing that he was questioned in violation of his Miranda v. Kentucky rights and his lawyer was ineffective for failing to…
Date: June 10, 2015
Docket Number: 14-12151
Justia Opinion Summary: The Parish filed suit against Kiker, alleging that Kiker breached the implied warranty in the parties' contract to repair Parish's roof using reasonable skill. At issue was whether Penn National has a duty to indemnify…
Date: June 10, 2015
Docket Number: 14-12544
Date: June 10, 2015
Docket Number: 14-14187
Date: June 9, 2015
Docket Number: 14-13739
Justia Opinion Summary: Plaintiffs filed suit raising a Second Amendment challenge to a regulation, 36 C.F.R. 327.13, banning firearms and ammunition on property managed by the Corps. Plaintiffs would like to carry their handguns with them…
Date: June 8, 2015
Docket Number: 14-15616
Date: June 5, 2015
Docket Number: 13-14846
Justia Opinion Summary: Defendant appealed his convictions and sentence for converting to his personal use United States Treasury checks issued as a result of fraudulently filed federal income tax returns. Defendant claimed he was a legitimate…
Date: June 5, 2015
Docket Number: 13-15073
Date: June 5, 2015
Docket Number: 14-10742
Justia Opinion Summary: This is an appeal of a federal income tax refund suit filed by the Estate of George Batchelor (“Estate”). Counts I and II of the Estate’s three-count complaint involve Batchelor’s personal income taxes for 1999 and 2000.…
Date: June 5, 2015
Docket Number: 14-13939
Date: June 3, 2015
Docket Number: 13-13318
Date: June 3, 2015
Docket Number: 14-13282
Justia Opinion Summary: Plaintiff, mother of Darius Johnell James, filed suit under 42 U.S.C. 1983 against the county sheriff and ten corrections officers after Darius committed suicide while in the custody of the county jail. The district…
Date: June 3, 2015
Docket Number: 14-14800
Date: June 2, 2015
Docket Number: 13-12738
Justia Opinion Summary: Plaintiff filed suit challenging a Florida law that widens the permissible gap between parole interviews as violating, inter alia, the Ex Post Facto Clause. The district court dismissed the complaint for failure to state…
Date: June 2, 2015
Docket Number: 13-15286
Date: June 2, 2015
Docket Number: 14-11376
Date: June 1, 2015
Docket Number: 13-13444
Justia Opinion Summary: Defendant, found guilty of 37 counts related to his involvement in a credit card fraud scheme, appealed his conviction and sentence. On appeal, defendant raised numerous issues. Defendant argued that the district court…
Date: June 1, 2015
Docket Number: 14-13505
Date: May 29, 2015
Docket Number: 14-11449
Justia Opinion Summary: Plaintiffs filed suit against ISPC, alleging that ISPC violated the Truth in Lending Act (TILA), 15 U.S.C. 1635, 1637, by failing to disclose examples of minimum payments and the maximum repayment period, as well as…
Date: May 29, 2015
Docket Number: 14-13076
Justia Opinion Summary: Plaintiff filed a putative class action suit against DHL, alleging that it violated the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. 2102(a), by failing to provide 60 days' notice before…
Date: May 29, 2015
Docket Numbers: 14-13404, 17-11494
Date: May 28, 2015
Docket Number: 13-14979
Justia Opinion Summary: Drivers working for FedEx in Florida filed suit alleging a number of statutory and common-law claims against the company. At issue was whether FedEx properly classified the drivers as independent contractors. Applying…
Date: May 28, 2015
Docket Number: 14-11574
Date: May 28, 2015
Docket Number: 14-14851
Justia Opinion Summary: Petitioner sought reconsideration of a single-judge order denying him a certificate of appealability (COA), arguing that jurists of reason could debate whether Rule 60(b)(5) and 60(b)(6) permit him to challenge the…
Date: May 26, 2015
Docket Number: 14-12845
Date: May 26, 2015
Docket Number: 14-13032
Date: May 20, 2015
Docket Number: 12-14373
Justia Opinion Summary: Defendant was found guilty of one count of federal funds bribery, four counts of honest services mail fraud, and one count of conspiracy to commit honest services mail fraud, as well as one count of obstruction of…
Date: May 20, 2015
Docket Number: 13-15311
Justia Opinion Summary: Defendant and his co-conspirators were involved in a fraudulent scheme where they charged lenders "management fees" when they purchased and immediately resold apartment units. At issue was whether the government's…
Date: May 20, 2015
Docket Number: 14-15778
Date: May 18, 2015
Docket Numbers: 14-13563, 14-12951
Date: May 15, 2015
Docket Number: 14-12801
Justia Opinion Summary: Plaintiff filed suit against defendant, a law enforcement officer, under 42 U.S.C. 1983 for injuries she suffered from his alleged use of excessive force during a traffic stop and search of her car. The court concluded…
Date: May 15, 2015
Docket Number: 14-14110
Date: May 14, 2015
Docket Number: 14-10175
Justia Opinion Summary: Petitioner, convicted of thirty-five counts of health care fraud and thirty-five counts of making false statements related to health care matters, appealed the district court's denial of his motion to vacate his…
Date: May 13, 2015
Docket Number: 13-11878
Justia Opinion Summary: Defendant, convicted of enticing a minor to engage in sexual activity in violation of 18 U.S.C. 2422(b), appealed the district court's sentence ordering restitution under the Mandatory Victims Restitution Act (MVRA), 18…
Date: May 11, 2015
Docket Numbers: 13-10891, 15-12990
Date: May 11, 2015
Docket Number: 14-12838
Date: May 11, 2015
Docket Number: 14-14977
Date: May 8, 2015
Docket Number: 14-14943
Date: May 7, 2015
Docket Number: 13-14953
Justia Opinion Summary: Plaintiff, a successful Venezuelan entrepreneur, filed an international human rights law complaint against Venezuela and two Venezuelan governmental entities, alleging that the Venezuelan government committed various…
Date: May 7, 2015
Docket Number: 14-12007
Justia Opinion Summary: Plaintiffs filed suit against the United States, Attorney Kandis Martine, and Budget Rent-A-Car after plaintiffs were injured in a car accident caused by Martine. Martine, while driving a rental car to an adoption…
Date: May 6, 2015
Docket Number: 14-12286
Date: May 6, 2015
Docket Number: 14-13694
Date: May 5, 2015
Docket Number: 12-12928
Justia Opinion Summary: Defendant appealed the denial of his motion to suppress evidence after being convicted of several counts of Hobbs Act robbery, conspiracy and knowing possession of a firearm in furtherance of a crime of violence. At…
Date: May 5, 2015
Docket Number: 14-12289
Justia Opinion Summary: Plaintiff filed a wrongful termination action under the Florida Whistleblower Act (FWA), Fla. Stat. 448.102(3). On appeal, plaintiff challenged the district court's dismissal with prejudice of the action. The court…
Date: May 5, 2015
Docket Number: 14-13131
Justia Opinion Summary: Defendants Hi-Tech, Jared Wheat, Stephen Smith, and Dr. Terrill Mark Wright appealed the district court's order holding them in contempt for violating injunctions that prohibit them from making any representations about…
Date: May 4, 2015
Docket Number: 14-11790
Date: May 4, 2015
Docket Number: 14-12248
Date: May 4, 2015
Docket Number: 14-13399
Date: April 30, 2015
Docket Number: 13-14384
Justia Opinion Summary: A cell phone was found during a random search in the Federal Correctional Complex at Coleman Medium Prison in Florida. An examination of the phone’s call history showed that the son of inmate Israel Santiago-Lugo had…
Date: April 30, 2015
Docket Number: 14-14554
Date: April 30, 2015
Docket Number: 14-15187
Date: April 29, 2015
Docket Number: 12-14706
Justia Opinion Summary: Robert Preston appealed the district court’s denial of his federal habeas petition. A jury convicted Preston of premeditated murder for the 1978 killing of Earline Walker and recommended that he be sentenced to death.…
Date: April 29, 2015
Docket Number: 14-11457
Justia Opinion Summary: The Valones were Florida residents who filed jointly for bankruptcy under Chapter 13 of the Bankruptcy Code. In their petition, they claimed exemptions for personal property (known as the "wildcard" exemption). The issue…
Date: April 29, 2015
Docket Number: 14-13440
Justia Opinion Summary: Mannington Mills, Inc. appealed the grant of summary judgment in favor of Home Legend, LLC, that Mannington’s registered copyright in its “Glazed Maple” design was invalid. Mannington and Home Legend both sold laminate…
Date: April 28, 2015
Docket Number: 13-14373
Date: April 28, 2015
Docket Number: 13-15058
Date: April 28, 2015
Docket Number: 14-10381
Justia Opinion Summary: Defendant Cora Cadia Ford owned and managed a tax preparation business. Through that business, she operated a complex fraud scheme over a period of many years, acquiring personal information under false pretenses, often…
Date: April 28, 2015
Docket Number: 14-13784
Date: April 27, 2015
Docket Number: 14-11050
Date: April 24, 2015
Docket Number: 14-14861
Date: April 23, 2015
Docket Number: 13-13469
Date: April 23, 2015
Docket Number: 13-13567
Justia Opinion Summary: Dale Peters appealed a final order denying his request for transfer of Writ of Execution proceedings to California and a hearing by granting the government's Application for an Amended Writ of Execution, resulting from a…
Date: April 21, 2015
Docket Number: 14-12438
Justia Opinion Summary: Donald Creel pleaded guilty to receipt of child pornography, and received an enhanced sentence when the district court ruled that he "[d]istribut[ed]" child pornography through a file sharing program on his computer. The…
Date: April 21, 2015
Docket Number: 14-12814
Justia Opinion Summary: Petitioner Drew Walker, a citizen of Jamaica, was admitted to the United States as a lawful permanent resident in 1990. In 2001, Walker pleaded no contest to three counts of uttering a forged instrument in Florida. One…
Date: April 20, 2015
Docket Number: 13-12470
Date: April 20, 2015
Docket Number: 13-15433
Date: April 20, 2015
Docket Number: 14-12154
Justia Opinion Summary: Petitioner Rachel Parks appealed an administrative law judge's denial of her application for supplemental security income on behalf of her minor son, D.P. D.P. suffered from attention deficit hyperactivity disorder and…
Date: April 20, 2015
Docket Number: 14-12574
Justia Opinion Summary: The issues presented to the Eleventh Circuit in these consolidated appeals of Donald LaFond, Jr. and Jason Widdison, both convicted for second degree murder, was whether the district court abused its discretion in four…
Date: April 17, 2015
Docket Number: 12-13694
Justia Opinion Summary: The issue this case presented for the Eleventh Circuit's review centered on whether a Florida inmate satisfied the requirements set forth in the Prison Litigation Reform Act. Moliere Dimanche, Jr. sued 16 prison…
Date: April 17, 2015
Docket Number: 14-11959
Justia Opinion Summary: Plaintiffs-appellants Donald Kipnis, Lawrence Kibler, Barry Mukamal and Kenneth Welt,appealedthe district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal of their complaint against defendants-appellees…
Date: April 17, 2015
Docket Number: 14-13383
Justia Opinion Summary: Joshua Hill appealed his 192-month sentence, imposed after he pled guilty to conspiracy to engage in sex trafficking of minors. On appeal, Hill claimed the district court erred by applying: (1) a two-level enhancement…
Date: April 15, 2015
Docket Numbers: 13-11972, 13-15726
Justia Opinion Summary: Pro se inmate-appellant William Mobley appealed the grant of summary judgment, effectively dismissing his claim of excessive force during an arrest. Mobley was parked in a handicapped parking spot, slouched down in the…
Date: April 15, 2015
Docket Number: 13-13928
Justia Opinion Summary: Death row inmate-petitioner John Conner appealed the denial of his petition for habeas relief. Conner was convicted and sentenced to death for the 1982 beating death of J.T. White. Conner confessed that he struck White…
Date: April 15, 2015
Docket Number: 14-10498
Date: April 15, 2015
Docket Number: 14-10657
Date: April 15, 2015
Docket Number: 14-11363
Justia Opinion Summary: The issue in this case arose from alleged anticompetitive conduct in the ductile iron pipe fittings ("DIPF") market by McWane, Inc., a family-run company headquartered in Birmingham, Alabama. In 2009, following the…
Date: April 15, 2015
Docket Number: 14-12219
Date: April 14, 2015
Docket Number: 14-10088
Date: April 14, 2015
Docket Number: 14-12650
Date: April 14, 2015
Docket Number: 14-13945
Date: April 13, 2015
Docket Number: 14-12894
Date: April 10, 2015
Docket Number: 13-13243
Justia Opinion Summary: Defendant-appellant J. Brian O'Neill purchased the Bryemere, a sport-fishing vessel, in 2006. As he negotiated the Bryemere’s price, O’Neill incorporated a limited-liability company in the state of Rhode Island, Carolina…
Date: April 10, 2015
Docket Number: 13-14521
Date: April 10, 2015
Docket Number: 14-13779
Date: April 9, 2015
Docket Number: 12-15183
Justia Opinion Summary: Michael Albury, Jr. appealed after a jury convicted him of various narcotics offenses, including possession with intent to distribute cocaine, cocaine base, and N-Benzylpiperazine (“BZP” -- a schedule I controlled…
Date: April 9, 2015
Docket Number: 13-11976
Justia Opinion Summary: The Securities and Exchange Commission (SEC) brought a civil enforcement action against defendants Big Apple Consulting USA, Inc., MJMM Investments, LLC, Marc Jablon, and Mark Kaley (collectively, defendants) for…
Date: April 9, 2015
Docket Number: 14-13035
Date: April 8, 2015
Docket Number: 13-14590
Justia Opinion Summary: In 1996, a Florida District Court of Appeal approved certification of a class-action lawsuit originating in the Circuit Court of Dade County that encompassed an estimated 700,000 Floridians who brought state-law damages…
Date: April 8, 2015
Docket Number: 14-14063
Date: April 8, 2015
Docket Number: 14-14334
Date: April 7, 2015
Docket Number: 14-10253
Justia Opinion Summary: The issues this appeal presented for the Eleventh Circuit's review stemmed from defendant-appellant Mark Alexander’s conviction for conspiring to sell cutting machines to companies in Iran, in violation of the…
Date: April 7, 2015
Docket Number: 14-10906
Date: April 7, 2015
Docket Number: 14-11639
Justia Opinion Summary: After discovering a number of defects in their home, plaintiffs Hugh and Katherine Carithers filed suit against their homebuilder, Cronk Duch, in state court. Cronk Duch’s insurance company, Mid-Continent Casualty…
Date: April 7, 2015
Docket Number: 14-12781
Date: April 7, 2015
Docket Number: 14-13369
Date: April 6, 2015
Docket Number: 13-15651
Justia Opinion Summary: Defendant-appellant Emmanuel Asante pled guilty to two firearms offenses and the district court sentenced him at the bottom of the advisory sentencing guideline range to forty-six months in prison. Asante claimed on…
Date: April 6, 2015
Docket Number: 14-13510
Date: April 3, 2015
Docket Numbers: 13-14132, 13-14141
Justia Opinion Summary: Pursuant to written plea agreements, defendants Yolanda Sosa and Adrian Velazquez pled guilty to conspiracy to commit healthcare fraud. For a five month period in 2011, Defendants met with a "cooperating doctor" and paid…
Date: April 2, 2015
Docket Number: 13-14477
Date: April 2, 2015
Docket Number: 14-10480
Date: April 2, 2015
Docket Number: 14-11464
Date: April 2, 2015
Docket Numbers: 14-11840, 16-10231
Date: April 2, 2015
Docket Number: 14-12417
Justia Opinion Summary: On June 26, 2013, an eighteen-wheeler tractor-trailer transporting a shipment of L'Oreal brand beauty products, including hair-color and makeup, was stolen from a truck stop in Antioch, Tennessee. The shipment was en…
Date: April 2, 2015
Docket Number: 14-12713
Date: April 1, 2015
Docket Number: 13-13006
Date: April 1, 2015
Docket Number: 14-11051
Date: April 1, 2015
Docket Number: 14-11839
Date: March 31, 2015
Docket Number: 14-11240
Justia Opinion Summary: Plaintiff appealed a district court's order granting defendants judgment as a matter of law on Plaintiff's First Amendment retaliation claim. Plaintiff asserted the claim after being terminated from his position as…
Date: March 31, 2015
Docket Number: 14-11267
Date: March 30, 2015
Docket Number: 13-14780
Justia Opinion Summary: The plaintiffs in this case, Carlos Zelaya and George Glantz, were victims of one of the largest Ponzi schemes in American history: the Ponzi scheme orchestrated by R. Allen Stanford. Plaintiffs were taken by surprise,…
Date: March 30, 2015
Docket Number: 14-10532
Date: March 30, 2015
Docket Numbers: 14-11682, 15-15402
Date: March 30, 2015
Docket Number: 14-13889
Date: March 27, 2015
Docket Number: 13-14329
Date: March 27, 2015
Docket Number: 14-11971
Date: March 27, 2015
Docket Number: 14-13769
Date: March 26, 2015
Docket Numbers: 14-10952, 14-11167
Date: March 26, 2015
Docket Number: 14-12067
Date: March 26, 2015
Docket Number: 14-13455
Date: March 25, 2015
Docket Numbers: 12-13249, 14-10989
Date: March 25, 2015
Docket Number: 13-14474
Date: March 25, 2015
Docket Number: 13-15503
Justia Opinion Summary: Following a prolonged period of civil unrest in the Republic of Colombia, plaintiffs-appellants filed suit in the United States on behalf of over one hundred Colombian citizens killed by violent paramilitaries in the…
Date: March 25, 2015
Docket Number: 14-10213
Justia Opinion Summary: An interlocutory appeal before the Eleventh Circuit centered on an order granting motions to dismiss by two defendants in a securities class action against Jiangbo Pharmaceuticals, Inc., its principal officers, and its…
Date: March 25, 2015
Docket Number: 14-10482
Justia Opinion Summary: Appellant Joseph Symington appealed his conviction and 15-year mandatory minimum sentence, imposed pursuant to the Armed Career Criminal Act ("ACCA"), after he pleaded guilty for being a convicted felon in possession of…
Date: March 23, 2015
Docket Numbers: 14-12237, 15-15145
Date: March 23, 2015
Docket Number: 14-12357
Justia Opinion Summary: Plaintiffs Black Warrior Riverkeeper and Defenders of Wildlife appealed a district court’s grant of final summary judgment to the U.S. Army Corps of Engineers, as well as to the Alabama Coal Association and several other…
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