2017 Eleventh Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1924
Date: December 29, 2017
Docket Number: 17-12280
Justia Opinion Summary: The Eleventh Circuit reversed the district court's denial of plaintiff's Motion for Extension of Stay of Proceedings and Motion to Reopen Case and Substitute Plaintiff. The court held that the district court went…
Date: December 28, 2017
Docket Number: 17-11504
Date: December 21, 2017
Docket Numbers: 15-15805, 15-15806, 15-15807, 15-15808
Date: December 21, 2017
Docket Number: 16-12034
Date: December 21, 2017
Docket Number: 16-16732
Date: December 21, 2017
Docket Number: 17-11030
Justia Opinion Summary: Plaintiff filed suit against the county, seeking relief from a 2010 zoning ordinance that prohibited short term rentals of single family dwellings. The Eleventh Circuit held that the Rooker-Feldman doctrine barred review…
Date: December 20, 2017
Docket Number: 14-14584
Justia Opinion Summary: The Eleventh Circuit affirmed Defendant Beaulieu's convictions for drug trafficking and firearms offenses, holding that the district court did not err in its answer to the jury's questions, and the government did not…
Date: December 20, 2017
Docket Number: 17-11859
Date: December 19, 2017
Docket Number: 16-10256
Justia Opinion Summary: Plaintiffs filed suit against Deputy Casal and Pardinas under 42 U.S.C. 1983, alleging violations of the Fourth Amendment of the U.S. Constitution, as well as claims under Georgia's Constitution. The Eleventh Circuit…
Date: December 19, 2017
Docket Number: 16-16031
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's sentence after he was convicted of conspiracy to commit bank fraud. The court held that the district court did not clearly err by finding that defendant was accountable for the…
Date: December 18, 2017
Docket Number: 16-15832
Date: December 15, 2017
Docket Number: 15-11362
Justia Opinion Summary: The Eleventh Circuit reversed the district court's grant of summary judgment to defendants in an action alleging that plaintiff was unlawfully discharged from the police department based on disability and/or racial or…
Date: December 15, 2017
Docket Numbers: 17-12577, 16-10011
Justia Opinion Summary: The Eleventh Circuit vacated the district court's denial of an 18 U.S.C. 3583(e)(1) motion for early termination of supervised release. The court held that because a defendant may appeal a court's decision to deny him…
Date: December 15, 2017
Docket Number: 16-10633
Justia Opinion Summary: The Eleventh Circuit reversed the district court's dismissal of a habeas petition as time-barred and remanded for further proceedings. Under Florida law, petitioner's corrected Federal Rule of Criminal Procedure 3.850…
Date: December 15, 2017
Docket Number: 16-12007
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiff's claims alleging that her constitutional rights were violated when she was denied access to hearings at the Atlanta Immigration Court. The court…
Date: December 15, 2017
Docket Number: 16-12284
Justia Opinion Summary: Appellants, artists in the hip hop industry, appealed the dismissal of their copyright infringement case, arguing that their copyright registrations for a song were improperly invalidated under 17 U.S.C. 411 without a…
Date: December 15, 2017
Docket Number: 16-15664
Justia Opinion Summary: An order denying a motion to quash a subpoena is a final, appealable order in proceedings brought under 28 U.S.C. 1782. Applicants, minority shareholders of Acheron, applied to the district court under 28 U.S.C. 1782 for…
Date: December 13, 2017
Docket Number: 16-16248
Date: December 13, 2017
Docket Number: 16-17727
Justia Opinion Summary: In 2011 and 2012, a number of individuals and closely held corporations known as Treasure Your Success (TYS) operated a fraudulent credit card interest reduction scheme. Universal Processing Services of Wisconsin, LLC…
Date: December 13, 2017
Docket Number: 17-10337
Date: December 12, 2017
Docket Number: 16-13614
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence stemming from his role as a patient recruiter and his receipt of kickbacks in a complex health care fraud scheme. The court held that the evidence was…
Date: December 12, 2017
Docket Number: 16-17094
Date: December 11, 2017
Docket Number: 16-16815
Date: December 11, 2017
Docket Numbers: 16-17467, 16-17468
Justia Opinion Summary: The Bankruptcy Code did not forestall the automatic operation of Georgia's pawn statute. In this case, debtor entered into a pawn transaction in which he pledged his car in exchange for a loan, defaulted on the loan, and…
Date: December 11, 2017
Docket Number: 17-11682
Date: December 6, 2017
Docket Number: 14-14482
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2254 petition for habeas relief. The court held that it was error for the trial court to give an instruction that had the effect of removing the…
Date: December 6, 2017
Docket Number: 17-10533
Date: December 6, 2017
Docket Number: 17-11958
Date: December 5, 2017
Docket Numbers: 14-12047, 16-16789
Justia Opinion Summary: Section 362(k)(1) of the Bankruptcy Code specifically departs from the American Rule and authorizes costs and attorneys' fees incurred by the debtor in ending a willful violation of an automatic stay, prosecuting a…
Date: December 5, 2017
Docket Number: 14-13482
Date: December 5, 2017
Docket Numbers: 16-10785, 16-16805
Justia Opinion Summary: The Eleventh Circuit held that the district court engaged in a thorough and comprehensive analysis of the record and acted within its discretion in finding that petitioner was competent to proceed as he saw fit and…
Date: December 5, 2017
Docket Number: 17-11287
Date: December 5, 2017
Docket Number: 17-12910
Date: December 4, 2017
Docket Numbers: 13-13953, 15-10090, 16-14870, 17-11414, 18-11716
Date: December 4, 2017
Docket Number: 16-10624
Date: December 1, 2017
Docket Number: 16-17259
Date: December 1, 2017
Docket Number: 17-11323
Date: November 30, 2017
Docket Number: 16-17755
Justia Opinion Summary: The M/V Deep Blue purchased fuel from a supplier, the supplier purchased the fuel from an affiliate, and the affiliate subcontracted with Radcliff. Radcliff subsequently asserted a maritime lien on the Deep Blue in a bid…
Date: November 30, 2017
Docket Number: 17-11896
Date: November 29, 2017
Docket Number: 15-15609
Date: November 29, 2017
Docket Number: 16-14054
Date: November 29, 2017
Docket Number: 16-15772
Date: November 29, 2017
Docket Number: 16-16755
Date: November 29, 2017
Docket Number: 16-17392
Date: November 28, 2017
Docket Number: 16-10871
Justia Opinion Summary: Defendant appealed his 41-month sentence after he pleaded guilty to two federal crimes. The Eleventh Circuit held that where, as here, a defendant has pleaded guilty to a prior crime and adjudication has been withheld,…
Date: November 27, 2017
Docket Number: 16-14808
Date: November 27, 2017
Docket Number: 17-10419
Date: November 27, 2017
Docket Number: 17-12100
Date: November 22, 2017
Docket Number: 16-16345
Justia Opinion Summary: The Eleventh Circuit granted in part and denied in part defendants' motion for panel rehearing, granted defendants' motion for publication of the opinion, vacated its prior opinion, and substituted the following…
Date: November 21, 2017
Docket Number: 16-17356
Date: November 21, 2017
Docket Numbers: 17-10815, 19-12496
Date: November 21, 2017
Docket Numbers: 17-12749, 19-13903
Date: November 17, 2017
Docket Number: 15-14284
Justia Opinion Summary: Plaintiff, an inmate, filed a pro se complaint against a Peace Officer and others under 42 U.S.C. 1983. Plaintiff filed suit more than two years after the alleged incident giving rise to his claim occurred, but filed his…
Date: November 17, 2017
Docket Number: 16-15764
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging excessive force against Daniel Hammett. Hammett was shot and killed by an officer in a confrontation during…
Date: November 17, 2017
Docket Number: 16-16935
Date: November 17, 2017
Docket Number: 17-11513
Date: November 16, 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, 16-16600, 16-16645, 16-17147, 16-17245
Date: November 16, 2017
Docket Number: 16-11239
Date: November 16, 2017
Docket Number: 17-10770
Date: November 15, 2017
Docket Number: 15-13834
Date: November 15, 2017
Docket Number: 15-14257
Justia Opinion Summary: The Eleventh Circuit withdrew its prior opinion and issued this opinion in its place. The court affirmed the district court's denial of petitioner's 28 U.S.C. 2254 habeas petition and held that the state court's denial…
Date: November 15, 2017
Docket Number: 16-17093
Date: November 15, 2017
Docket Number: 17-10518
Date: November 15, 2017
Docket Number: 17-12676
Date: November 14, 2017
Docket Number: 16-15535
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of relief in an action brought by SCL Basilisk against Thorco for an order requiring the posting of a security by Agribusiness Savannah, Agribusiness United,…
Date: November 14, 2017
Docket Number: 16-15943
Date: November 14, 2017
Docket Number: 17-10567
Date: November 13, 2017
Docket Number: 17-11250
Date: November 9, 2017
Docket Number: 16-17017
Date: November 9, 2017
Docket Number: 16-17545
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction after he pleaded guilty to drug and firearm offenses. The court held that the district court did not clearly err in applying a base offense level of 20 based on…
Date: November 8, 2017
Docket Numbers: 15-10982, 15-12077
Date: November 7, 2017
Docket Number: 16-10789
Justia Opinion Summary: Alabama's first degree sexual abuse statute, as interpreted by the Alabama Supreme Court, does not necessarily include as an element the use, attempted use, or threatened use of violent physical force. Defendant appealed…
Date: November 7, 2017
Docket Number: 16-17694
Date: November 6, 2017
Docket Number: 16-10043
Date: November 6, 2017
Docket Number: 17-11683
Justia Opinion Summary: The Eleventh Circuit affirmed the denial of disability insurance benefits and supplemental security income (SSI) to plaintiff. The court held that substantial evidence supported the ALJ's decision to give little weight…
Date: November 3, 2017
Docket Number: 16-16339
Date: November 3, 2017
Docket Number: 17-12484
Date: November 1, 2017
Docket Number: 16-11083
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint against FINRA and its denial of plaintiff's motion to remand the case to Florida state court. The court held that removal was proper…
Date: November 1, 2017
Docket Number: 16-17645
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction of possession of a firearm by a convicted felon and his sentence of fifteen years in prison under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). The court…
Date: October 31, 2017
Docket Number: 17-10387
Date: October 31, 2017
Docket Number: 17-10666
Date: October 30, 2017
Docket Number: 16-11191
Justia Opinion Summary: The Eleventh Circuit vacated defendant's 60-month sentence, holding that the district court erroneously concluded that it lacked any legal authority to grant an acceptance-of-responsibility reduction under USSG 3E1.1.…
Date: October 30, 2017
Docket Number: 16-15688
Date: October 30, 2017
Docket Number: 16-16788
Date: October 30, 2017
Docket Number: 16-17296
Justia Opinion Summary: Defendants appealed the grant of a preliminary injunction in this case. The Eleventh Circuit dismissed the appeal as moot pursuant to Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 315, 119…
Date: October 30, 2017
Docket Number: 17-10261
Date: October 27, 2017
Docket Number: 15-13994
Date: October 27, 2017
Docket Number: 16-12283
Date: October 27, 2017
Docket Numbers: 16-15851, 16-15852
Date: October 27, 2017
Docket Number: 16-17022
Date: October 26, 2017
Docket Number: 15-11408
Date: October 26, 2017
Docket Number: 17-10391
Date: October 26, 2017
Docket Number: 17-11710
Justia Opinion Summary: Cin-Q filed suit in 2013, alleging that Buccaneers was responsible for unsolicited faxes that violated the Telephone Consumer Protection Act, 47 U.S.C. 227 (the Cin-Q case). Medical & Chiropractic Clinic eventually…
Date: October 25, 2017
Docket Number: 15-14484
Justia Opinion Summary: The Eleventh Circuit affirmed the denial of a petition for habeas relief based on the ineffective assistance of counsel at the guilt phase of petitioner's trial. Petitioner alleged that she was denied effective…
Date: October 25, 2017
Docket Number: 16-16472
Justia Opinion Summary: Petitioner appealed the district court's order dismissing her motion to vacate, set aside, or correct her sentence, filed pursuant to 28 U.S.C. 2255. The Eleventh Circuit held that it lacked jurisdiction over the appeal…
Date: October 24, 2017
Docket Number: 16-15799
Date: October 23, 2017
Docket Number: 16-16831
Date: October 23, 2017
Docket Number: 16-17425
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint for failure to state a claim. Plaintiff's claim arose out of an agreement she entered into with a non-party FBI confidential…
Date: October 23, 2017
Docket Number: 16-17615
Date: October 23, 2017
Docket Number: 17-10503
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's sentence at the bottom of the guideline range after he pleaded guilty to being a felon in possession of a firearm and ammunition. The court held that Florida's…
Date: October 23, 2017
Docket Number: 17-10747
Date: October 23, 2017
Docket Number: 17-11387
Date: October 20, 2017
Docket Numbers: 13-15309, 15-14859, 18-14410
Date: October 19, 2017
Docket Number: 16-11818
Justia Opinion Summary: BSC appealed from various orders and a final judgment in favor of plaintiff, who alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit that was manufactured and sold by BSC. The Eleventh Circuit…
Date: October 19, 2017
Docket Number: 16-16462
Justia Opinion Summary: This appeal arose when the estates of several deceased nursing home patients filed a series of wrongful death suits against a network of nursing homes, which resulted in $1 billion in empty chair judgments against the…
Date: October 19, 2017
Docket Number: 16-17309
Date: October 19, 2017
Docket Number: 17-10488
Date: October 19, 2017
Docket Number: 17-11368
Date: October 18, 2017
Docket Number: 15-15068
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2254 petition for writ of habeas corpus, alleging that defense counsel rendered ineffective assistance in the investigation and presentation of…
Date: October 18, 2017
Docket Numbers: 16-16929, 17-13644
Date: October 17, 2017
Docket Number: 16-12043
Justia Opinion Summary: The Eleventh Circuit reversed the district court's dismissal of a complaint alleging that prison staff were deliberately indifferent to Blair Mitchell's serious medical needs in violation of his Eighth Amendment rights.…
Date: October 17, 2017
Docket Number: 16-16806
Date: October 17, 2017
Docket Numbers: 17-11210, 19-10771
Date: October 16, 2017
Docket Number: 16-16747
Date: October 16, 2017
Docket Number: 17-11557
Date: October 16, 2017
Docket Number: 17-12870
Date: October 12, 2017
Docket Number: 16-17027
Date: October 12, 2017
Docket Number: 17-10833
Justia Opinion Summary: Section 1113(1)'s statute of repose in the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 11131(a), is subject to express waiver. In this interlocutory appeal, the Eleventh Circuit was asked to answer a…
Date: October 11, 2017
Docket Number: 17-10521
Date: October 10, 2017
Docket Numbers: 15-10456, 16-17401
Date: October 10, 2017
Docket Numbers: 16-15087, 16-15169
Date: October 10, 2017
Docket Number: 17-11709
Date: October 6, 2017
Docket Number: 15-15584
Date: October 6, 2017
Docket Number: 16-11458
Justia Opinion Summary: The Eleventh Circuit denied the petition for review and held that the BIA's interpretation of 8 U.S.C. 1182(h) was reasonable where the agency concluded that petitioner was not entitled to relief under the Special Rule…
Date: October 6, 2017
Docket Number: 16-14812
Justia Opinion Summary: The Eleventh Circuit vacated defendant's 259 month sentence after he was convicted of multiple crimes stemming from his drug-dealing and identity-theft activities. The court held that the district court did not clearly…
Date: October 6, 2017
Docket Number: 16-17642
Date: October 5, 2017
Docket Number: 17-14413
Justia Opinion Summary: The Eleventh Circuit granted the State's motion to vacate the district court's certification of appealability and denied petitioner's stay of execution. Petitioner contended that his federal Due Process, Equal…
Date: October 4, 2017
Docket Number: 17-11479
Date: October 4, 2017
Docket Numbers: 17-11993, 19-11494, 20-14238, 21-10211
Date: October 3, 2017
Docket Number: 15-13830
Justia Opinion Summary: SCAD appealed the district court's grant of summary judgment in favor of Sportswear in an action where SCAD asserted a number of claims against Sportswear, including service mark infringement under 15 U.S.C. 1114; unfair…
Date: October 3, 2017
Docket Number: 16-11649
Date: October 3, 2017
Docket Number: 16-13473
Justia Opinion Summary: The Eleventh Circuit affirmed the decisions of the tax court upholding the Commissioner's transferee liability assessment against petitioners. Terry and Sandra Shockley sold their company, SCC, and reported their gains…
Date: October 3, 2017
Docket Number: 16-15117
Date: October 2, 2017
Docket Number: 16-11952
Justia Opinion Summary: Plaintiff filed suit challenging the school board's policy governing public comment at its meetings. The Eleventh Circuit affirmed in part the district court's grant of a permanent injunction based on plaintiff's facial…
Date: October 2, 2017
Docket Number: 16-12104
Date: October 2, 2017
Docket Number: 16-15422
Date: October 2, 2017
Docket Number: 16-17194
Date: September 29, 2017
Docket Number: 14-12830
Justia Opinion Summary: In light of the Eleventh Circuit's decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), the court vacated its prior panel opinion and substituted this opinion, which has been revised only in Section…
Date: September 29, 2017
Docket Number: 14-15386
Justia Opinion Summary: Southern-Owners filed suit seeking a declaratory judgment absolving it of the duty to indemnify or defend Easdon Rhodes, or the other defendants, in an underlying negligence suit. The Fifth Circuit affirmed the district…
Date: September 29, 2017
Docket Numbers: 16-12073, 18-13847
Date: September 29, 2017
Docket Number: 16-16329
Date: September 28, 2017
Docket Numbers: 13-14144, 16-17358, 17-13429, 20-14732
Date: September 28, 2017
Docket Number: 13-15593
Date: September 28, 2017
Docket Number: 15-11225
Justia Opinion Summary: After the Florida Supreme Court rejected petitioner's appeal from the denial of his guilt stage ineffective assistance claim on remand, he filed in federal district court a 28 U.S.C. 2254 petition for writ of habeas…
Date: September 27, 2017
Docket Number: 16-10738
Date: September 27, 2017
Docket Number: 16-17085
Date: September 27, 2017
Docket Number: 17-10848
Date: September 27, 2017
Docket Number: 17-11826
Date: September 26, 2017
Docket Numbers: 13-12082, 15-10779
Justia Opinion Summary: The Eleventh Circuit reversed the district court's denial of KeyBank's motion to compel arbitration on grounds of unconscionability. The court looked to Ohio law to determine where plaintiff consented to arbitrate;…
Date: September 26, 2017
Docket Number: 14-13933
Date: September 26, 2017
Docket Number: 15-10881
Date: September 26, 2017
Docket Number: 15-11877
Justia Opinion Summary: The Eleventh Circuit reversed and remanded for an evidentiary hearing on an ineffective assistance of counsel claim involving the failure to challenge the quantity of methamphetamine attributed to petitioner. Because…
Date: September 26, 2017
Docket Number: 15-15535
Justia Opinion Summary: The Eleventh Circuit affirmed the dismissal of plaintiff's 42 U.S.C. 1983 action against five ADOC officials. Plaintiff alleged that the Alabama Sex Offender Registration and Community Notification Act (ASORCNA) and the…
Date: September 26, 2017
Docket Numbers: 16-10962, 16-13819
Date: September 26, 2017
Docket Number: 16-15364
Date: September 25, 2017
Docket Number: 15-14842
Date: September 25, 2017
Docket Number: 16-10447
Date: September 25, 2017
Docket Number: 16-16693
Date: September 25, 2017
Docket Number: 17-10685
Justia Opinion Summary: The money that a homosexual man paid to father children through in vitro fertilization—and in particular, to identify, retain, compensate, and care for the women who served as an egg donor and a gestational surrogate—was…
Date: September 22, 2017
Docket Number: 15-11807
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of habeas relief in a capital case where petitioner was convicted of three murders. The court held that the Florida Supreme Court's decision to exclude evidence…
Date: September 22, 2017
Docket Number: 16-16231
Date: September 22, 2017
Docket Number: 16-16710
Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate his 210-month sentence, arguing that he was entitled to resentencing pursuant to Johnson v. United States. The Eleventh Circuit…
Date: September 22, 2017
Docket Number: 16-17126
Justia Opinion Summary: A voicemail can, and will, be considered a communication under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, if the voicemail reveals that the call was from a debt collection company and provides…
Date: September 21, 2017
Docket Number: 16-11149
Date: September 21, 2017
Docket Numbers: 16-14726, 16-14972
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