2018 Eleventh Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1891
Date: September 10, 2018
Docket Number: 18-10155
Date: September 7, 2018
Docket Number: 17-12408
Justia Opinion Summary: The SSA determined that because plaintiff was also receiving civil service disability retirement payments, his Social Security benefits should be reduced under the windfall elimination provision. At issue was the…
Date: September 7, 2018
Docket Number: 17-13025
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's decision ordering the City to remove a 34-foot Latin cross from a public park. The court held that American Civil Liberties Union of Georgia v. Rabun County Chamber of…
Date: September 6, 2018
Docket Numbers: 16-15442, 18-10401
Date: September 6, 2018
Docket Number: 17-13070
Date: September 6, 2018
Docket Number: 18-11016
Date: September 5, 2018
Docket Number: 13-15258
Justia Opinion Summary: Plaintiff filed suit against defendants for unintentional and intentional torts arising from the death of her mother. Plaintiff alleged that her mother's illnesses were caused by her addiction to cigarettes manufactured…
Date: September 5, 2018
Docket Numbers: 17-11888, 17-12134, 17-12376
Date: September 5, 2018
Docket Number: 17-14310
Date: September 5, 2018
Docket Number: 17-14677
Justia Opinion Summary: 12 U.S.C. 1715z-20(j) can not be read to prevent foreclosure pursuant to a reverse-mortgage contract that, by its terms, permits the lender to demand repayment immediately following a borrower's death, even if his or her…
Date: September 5, 2018
Docket Number: 17-14784
Date: September 5, 2018
Docket Numbers: 17-15581, 18-10513
Date: September 4, 2018
Docket Number: 15-12130
Justia Opinion Summary: Defendant appealed his conviction of a federal narcotics conspiracy offense, contending that his trial counsel had a conflict of interest that had an adverse effect on his performance at trial. The Eleventh Circuit held…
Date: September 4, 2018
Docket Number: 17-14697
Date: September 4, 2018
Docket Number: 17-14769
Date: August 30, 2018
Docket Number: 17-10944
Justia Opinion Summary: At issue was two questions under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) regarding federal subject matter jurisdiction established in an arbitration agreement and…
Date: August 30, 2018
Docket Number: 17-15295
Date: August 29, 2018
Docket Number: 16-16766
Justia Opinion Summary: In this appeal challenging the constitutionality of Alabama’s three percent signature requirement for ballot access under certain election circumstances, the Eleventh Circuit held that the case was moot. Under Alabama…
Date: August 29, 2018
Docket Number: 17-13350
Date: August 29, 2018
Docket Number: 18-10132
Date: August 29, 2018
Docket Number: 18-11011
Date: August 28, 2018
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: August 28, 2018
Docket Number: 17-11742
Justia Opinion Summary: At issue was whether the standard for denying a motion for directed verdict in a criminal trial in Georgia can accurately gauge whether summary judgment was properly granted to a defendant in a 42 U.S.C. 1983 malicious…
Date: August 27, 2018
Docket Number: 17-14165
Date: August 27, 2018
Docket Number: 17-14673
Date: August 24, 2018
Docket Number: 15-14354
Justia Opinion Summary: The Eleventh Circuit affirmed Defendants Chacon, Altamirano, Portela, and Dixon's convictions and sentences for conspiracy to distribute 280 grams of cocaine base and several other charges of drug trafficking, firearm…
Date: August 23, 2018
Docket Numbers: 14-11497, 16-17069
Date: August 23, 2018
Docket Number: 16-15569
Justia Opinion Summary: Plaintiffs filed suit in Florida state court alleging that defendants, including Union Carbide, negligently failed to warn users of the health hazards of asbestos and defectively designed their products. Union Carbide…
Date: August 23, 2018
Docket Number: 17-10701
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for Time Warner in an action brought by Cableview seeking to recover a payment it made to Time Warner based on a disputed indemnity claim. The…
Date: August 23, 2018
Docket Number: 17-12171
Date: August 22, 2018
Docket Numbers: 14-13404, 17-11494
Justia Opinion Summary: The Eleventh Circuit affirmed the judgment of the district court denying the motion for a new trial filed by American Home Mortgage Servicing, now known as Homeward, the defendant in this action brought by Jane McGinnis…
Date: August 22, 2018
Docket Numbers: 14-14178, 15-14734
Justia Opinion Summary: The Eleventh Circuit affirmed the district court’s decision denying Appellant’s petition for a writ of habeas corpus, holding that the district court properly denied relief on Appellant’s claim alleging that trial…
Date: August 22, 2018
Docket Number: 16-10521
Justia Opinion Summary: The Eleventh Circuit vacated the preliminary injunction entered by the district court in favor of Maurice Walker and against the City of Calhoun and remanded the case to the district court for further proceedings,…
Date: August 22, 2018
Docket Number: 16-16808
Justia Opinion Summary: The Eleventh Circuit held that the outdoor food sharing hosted by FLFNB, a non-profit organization, is expressive conduct protected by the First Amendment, and therefore, the district court erred in granting summary…
Date: August 22, 2018
Docket Number: 17-15208
Justia Opinion Summary: The Eleventh Circuit affirmed the judgment of the district court ruling that the Alabama Unborn Child Protection from Dismemberment Abortion Act “constitutes an undue burden on abortion access and is unconstitutional”…
Date: August 22, 2018
Docket Number: 17-11165
Date: August 22, 2018
Docket Number: 17-11181
Date: August 21, 2018
Docket Number: 17-14354
Date: August 20, 2018
Docket Number: 16-16442
Justia Opinion Summary: The Eleventh Circuit affirmed the district court’s decision to deny Appellant unconditional release from civil commitment, holding that the district court did not commit clear error in finding that Appellant’s risk of…
Date: August 20, 2018
Docket Number: 17-14761
Date: August 20, 2018
Docket Number: 17-15015
Date: August 17, 2018
Docket Numbers: 16-12647, 17-10143, 17-10144, 17-10148, 17-10149, 17-10150, 17-10151, 17-10152, 17-10153, 17-10154, 17-10193, 17-10194, 17-10195, 17-10196, 17-10198, 17-10199, 17-10200, 17-10202, 17-10203
Justia Opinion Summary: In these 30 consolidated appeals, individuals with severe autism filed suit against Disney, alleging that the company and its theme parks failed to accommodate their disabilities, in violation of Title III of the…
Date: August 17, 2018
Docket Number: 17-13780
Justia Opinion Summary: The United States was held liable upon the district court's finding that a doctor at a federal health facility caused plaintiffs' son E.R.T. to suffer severe and life-altering injuries at the time of his birth. On…
Date: August 16, 2018
Docket Number: 15-11690
Justia Opinion Summary: The doctrine of equitable mootness, which permits courts sitting in bankruptcy appeals to dismiss challenges when effective relief would be impossible, applies in the Chapter 9 context. The Eleventh Circuit held that it…
Date: August 16, 2018
Docket Number: 16-15751
Date: August 16, 2018
Docket Number: 17-15184
Date: August 16, 2018
Docket Number: 17-15357
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of petitioner's pro se 28 U.S.C. 2255 motion challenging his sentence in light of Johnson v. United States. The court held that petitioner's Indiana battery…
Date: August 15, 2018
Docket Numbers: 14-11021, 14-11675, 17-13940
Date: August 15, 2018
Docket Number: 17-14415
Justia Opinion Summary: At issue in this appeal was whether it was a judge or an arbitrator who must decide if the arbitration agreement between Spirit Airlines and members of its $9 Fare Club allows for arbitration of claims brought by a class…
Date: August 14, 2018
Docket Numbers: 15-15597, 15-15742, 16-10446, 17-11127
Date: August 14, 2018
Docket Numbers: 16-10211, 17-12020
Date: August 14, 2018
Docket Numbers: 16-11343, 17-13174
Date: August 14, 2018
Docket Numbers: 16-11403, 17-12764
Date: August 14, 2018
Docket Numbers: 17-10289, 17-10826
Justia Opinion Summary: Defendants Joyner and Sturgis appealed their convictions and sentences for multiple counts of Hobbs Act robbery and brandishing a firearm during a crime of violence. The Eleventh Circuit held that the district court did…
Date: August 14, 2018
Docket Numbers: 17-10651, 17-14840
Date: August 14, 2018
Docket Number: 17-10830
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's 132 month sentence for drug trafficking under the Maritime Drug Law Enforcement Act. The court held that the Fifth Amendment did not entitle defendant to relief from his…
Date: August 14, 2018
Docket Number: 17-12930
Date: August 14, 2018
Docket Number: 17-13588
Justia Opinion Summary: After debtor filed for bankruptcy under Chapter 11, the trustee filed an adversary proceeding against Blue Bell to recover from Blue Bell more than $500,000 in a series of payments that Blue Bell had received from debtor…
Date: August 14, 2018
Docket Number: 17-14278
Date: August 13, 2018
Docket Number: 17-10931
Date: August 13, 2018
Docket Number: 17-12459
Date: August 10, 2018
Docket Number: 14-10681
Justia Opinion Summary: On remand from the Supreme Court, the Eleventh Circuit affirmed the denial of a petition for a writ of habeas corpus based on petitioner's claim of ineffective assistance of counsel. The Supreme Court held that this…
Date: August 10, 2018
Docket Numbers: 14-12464, 17-14027
Justia Opinion Summary: The Eleventh Circuit held that its order denying a certificate of appealability (COA) to petitioner in this case should not be reconsidered. The court held that petitioner was not entitled to a COA for two distinct…
Date: August 10, 2018
Docket Number: 15-15650
Date: August 10, 2018
Docket Number: 16-17176
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment to the City of Brookhaven, holding that its ordinance regulating adult businesses was not unconstitutional. The city passed the ordinance for…
Date: August 10, 2018
Docket Number: 17-12744
Justia Opinion Summary: The Eleventh Circuit reversed the district court's award of sanctions against plaintiff and his attorneys in an action against Pro Transport and its owners, seeking to recover unpaid wages under the Fair Labor Standards…
Date: August 10, 2018
Docket Number: 17-13873
Date: August 10, 2018
Docket Number: 17-14253
Date: August 10, 2018
Docket Number: 17-14319
Justia Opinion Summary: School administrators filed suit alleging that the school board's investigation and discipline of their efforts to convert their school into a charter school violated their freedom of speech and association in violation…
Date: August 10, 2018
Docket Number: 18-10403
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's judgment in favor of petitioner in an action under the International Child Abduction Remedies Act to recover fees and costs. The court held that respondent failed to…
Date: August 9, 2018
Docket Number: 17-13737
Date: August 9, 2018
Docket Number: 17-14948
Date: August 8, 2018
Docket Number: 16-16612
Date: August 8, 2018
Docket Number: 17-12889
Date: August 8, 2018
Docket Numbers: 17-13057, 17-13673
Justia Opinion Summary: Acosta challenged the district court's entry of a default judgment against them after they failed to pay their required arbitration fees in a dispute with a former employee who sought unpaid wages under the Fair Labor…
Date: August 8, 2018
Docket Number: 17-14500
Date: August 7, 2018
Docket Number: 16-16048
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for conspiracy to commit healthcare fraud and wire fraud, and conspiracy to defraud the United States and pay healthcare kickbacks. The court held that…
Date: August 7, 2018
Docket Number: 17-11176
Justia Opinion Summary: Yellowfin filed suit against Barker Boatworks and Kevin Barker, alleging claims for trade dress infringement and false designation of origin under Section 43(a) of the Lanham Act, common law unfair competition, common…
Date: August 7, 2018
Docket Number: 17-12166
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for charges related to access device fraud and identity theft. The court held that the district court correctly gave the deliberate ignorance instruction…
Date: August 7, 2018
Docket Number: 17-13185
Justia Opinion Summary: Former employees of the Foundation filed suit under the False Claims Act, alleging that the incentives offered to employees and patients were unlawful kickbacks that rendered false any claims for federal reimbursement.…
Date: August 7, 2018
Docket Number: 17-15353
Date: August 6, 2018
Docket Number: 17-11955
Justia Opinion Summary: Medallion Holders filed suit challenging the constitutionality of the County's 2016 ordinance authorizing Transportation Network Entities (TNEs). After the district court dismissed the complaint, the Florida legislature…
Date: August 3, 2018
Docket Number: 16-16685
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of the case with prejudice for failure to state a claim, but on an alternative ground. The court held that counsel for homeowners filed a multi-count,…
Date: August 3, 2018
Docket Number: 16-16814
Justia Opinion Summary: The Eleventh Circuit withdrew its previous opinion and issued this opinion in its place. Plaintiffs, who are valets, filed a putative class action against FCPS, alleging claims under the minimum-wage and overtime…
Date: August 3, 2018
Docket Number: 17-13473
Date: August 3, 2018
Docket Number: 17-13937
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for Via Varejo in an action brought by Direct Niche under the Anticybersquatting Consumer Protection Act (ACPA), seeking to obtain a…
Date: August 3, 2018
Docket Number: 17-14456
Date: August 2, 2018
Docket Numbers: 16-10790, 17-12866
Justia Opinion Summary: At issue in this appeal was the meaning between the term "employer" under the Fair Labor Standards Act (FLSA) and under the general common law. The Eleventh Circuit applied the common law of agency definition of…
Date: August 2, 2018
Docket Number: 16-17061
Justia Opinion Summary: Plaintiff, who is deaf, filed suit against PGH and its parent organization, Lifemark Hospitals, alleging that they failed to provide an American Sign Language (ASL) interpreter for plaintiff to effectively communicate…
Date: August 2, 2018
Docket Number: 17-12709
Date: August 2, 2018
Docket Number: 17-14169
Date: August 1, 2018
Docket Number: 16-15386
Date: August 1, 2018
Docket Number: 17-12164
Justia Opinion Summary: Andromeda and Internaves entered into a shipping contract that unambiguously required the parties to submit their dispute to arbitration. At issue on appeal was where the parties agreed to arbitrate. The district court…
Date: August 1, 2018
Docket Number: 18-12538
Justia Opinion Summary: The Eleventh Circuit vacated its previous order and replaced it with the following: The court held that petitioner's application seeking an order authorizing the district court to consider a successive petition for a…
Date: July 31, 2018
Docket Numbers: 16-10644, 16-10788
Date: July 31, 2018
Docket Number: 16-11788
Justia Opinion Summary: Plaintiff filed suit against her former employer, the Salvation Army (TSA), alleging that the organization had discriminated against her based on her disability when it denied her a reasonable accommodation in violation…
Date: July 31, 2018
Docket Number: 17-11370
Date: July 31, 2018
Docket Number: 17-14226
Date: July 30, 2018
Docket Number: 16-16465
Justia Opinion Summary: The Eleventh Circuit reversed the district court's dismissal of plaintiff's 42 U.S.C. 1983 complaint, holding that he has exhausted his available administrative remedies under the Prison Litigation Reform Act (PLRA).…
Date: July 25, 2018
Docket Number: 17-11009
Justia Opinion Summary: In February 2016, the Mayor of Birmingham signed Birmingham Ordinance No. 16-28, which guaranteed plaintiffs and all other wage earners in the city $10.10 per hour. The following day, the Alabama Governor signed the…
Date: July 24, 2018
Docket Number: 15-14544
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's decision affirming the bankruptcy court's denial of debtors' motion to convert their Chapter 7 case to a Chapter 11 proceeding and approving a compromise agreement…
Date: July 24, 2018
Docket Number: 17-12066
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's convictions and sentences for armed bank robbery and brandishing a firearm during a crime of violence. The court held that the evidence was sufficient to support defendant's…
Date: July 23, 2018
Docket Number: 17-11908
Justia Opinion Summary: At issue in this appeal was whether a conservation restriction imposed in 2013 on a property owned by the Frank Sawyer Revocable Trust restarted the 12-year statute of limitations of the Quiet Title Act, 28 U.S.C. 2409a,…
Date: July 20, 2018
Docket Number: 17-14184
Date: July 19, 2018
Docket Number: 17-12421
Justia Opinion Summary: Plaintiff filed suit under the Freedom of Information Act (FOIA), seeking records related to the suicide of Admiral J.M. Boorda. Specifically, plaintiff sought six pages of handwritten notes regarding official business…
Date: July 19, 2018
Docket Number: 17-12427
Date: July 19, 2018
Docket Number: 17-14961
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint against his employer, the Customs and Border Protection Agency, alleging discrimination in violation of the Rehabilitation Act of…
Date: July 18, 2018
Docket Number: 17-10182
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's order denying the quashing of IRS summonses to Bank of America in the course of investigating the federal income tax liabilities of a lawyer, his law firm, and…
Date: July 18, 2018
Docket Number: 17-10856
Justia Opinion Summary: Florida attempted first-degree murder is a "violent felony" within the meaning of the elements clause of the Armed Career Criminal Act. The Eleventh Circuit affirmed the district court's denial of defendant's motion to…
Date: July 17, 2018
Docket Number: 18-10676
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff for unpaid overtime compensation under the Fair Labor Standards Act. The court held that the…
Date: July 16, 2018
Docket Number: 17-11152
Date: July 13, 2018
Docket Number: 17-11064
Date: July 12, 2018
Docket Number: 16-16544
Justia Opinion Summary: The Eleventh Circuit vacated its original opinion in this case and issued the following opinion in its place. The CFTC begain investigating defendants in response to a customer's complaint of commodities fraud. The NFA…
Date: July 11, 2018
Docket Number: 15-14146
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction of violating 31 U.S.C. 5324(b)(2) and 18 U.S.C. 2 by causing or attempting to cause a car dealership to file certain Form 8300s with the Treasury Department that…
Date: July 11, 2018
Docket Numbers: 16-16281, 17-14223
Date: July 11, 2018
Docket Number: 17-10080
Justia Opinion Summary: Plaintiffs filed a putative class action claiming that two provisions of the Florida Renewable Technologies and Energy Efficiency Act, which authorized the Nuclear Cost Recovery System (NCRS), were invalid under the…
Date: July 11, 2018
Docket Number: 17-15337
Date: July 9, 2018
Docket Number: 17-11556
Date: July 9, 2018
Docket Number: 17-11877
Date: July 6, 2018
Docket Number: 17-10643
Date: July 3, 2018
Docket Numbers: 16-16161, 19-13642
Date: July 3, 2018
Docket Number: 16-17023
Date: July 2, 2018
Docket Number: 17-13610
Date: June 29, 2018
Docket Number: 16-16507
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and 15 year sentence for being a convicted felon in possession of a firearm. The court held that the district court did not err in finding that an occupant of the…
Date: June 29, 2018
Docket Number: 16-16814
Justia Opinion Summary: Plaintiffs, who are valets, filed a putative class action against FCPS, alleging claims under the minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). The Eleventh Circuit held that, although the…
Date: June 29, 2018
Docket Numbers: 17-14022, 17-14023
Justia Opinion Summary: In this consolidated appeal, plaintiff alleged that the district court abused its discretion by dismissing his two lawsuits based on the doctrine of judicial estoppel as a result of his failure to disclose them in his…
Date: June 28, 2018
Docket Number: 17-12304
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for the United States and the district court's denial of NextEra's claims seeking a tax refund for net operating losses resulting from fees it…
Date: June 27, 2018
Docket Number: 16-16314
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for Wells Fargo, a mortgage servicer, in an action alleging that Wells Fargo failed to conduct a reasonable investigation into the accuracy of…
Date: June 27, 2018
Docket Number: 16-16984
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for fifty counts of making false statements in connection with the delivery of, or payment for, healthcare services and for one count of knowingly and…
Date: June 27, 2018
Docket Numbers: 17-10616, 17-11377
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment to defendants in an action brought by plaintiffs, former sheriff deputies, under the Fair Labor Standards Act (FLSA) and the Florida Minimum…
Date: June 27, 2018
Docket Number: 17-11906
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and life sentence for attempting to use a weapon of mass destruction and attempting to provide material support to a foreign terrorist organization. The court held…
Date: June 26, 2018
Docket Number: 16-10341
Justia Opinion Summary: The Eleventh Circuit granted Everglades' petition for review of the NLRB panel's order concluding that the company violated the National Labor Relations Act (NLRA). In light of Epic Systems Corp. v. Lewis, 584 U.S. __,…
Date: June 26, 2018
Docket Number: 16-10932
Justia Opinion Summary: The Eleventh Circuit granted Cowabunga's petition for review of the NLRB panel's order concluding that the company violated the National Labor Relations Act (NLRA). In light of Epic Systems Corp. v. Lewis, 584 U.S. __,…
Date: June 26, 2018
Docket Number: 17-10529
Justia Opinion Summary: The International Convention Against the Taking of Hostages provides global notice to the world that the hostage taking criminalized by 18 U.S.C. 1203 can be prosecuted in any signatory nation of which the hostage is a…
Date: June 25, 2018
Docket Numbers: 14-11258, 17-11919
Justia Opinion Summary: Wilcox was a corrections officer at McRae Correctional Facility. On July 10, 2009, Wilcox’s coworker, Jackson slapped her on the buttocks. Wilcox filed a formal complaint with the company that operates the Facility that…
Date: June 25, 2018
Docket Number: 17-12092
Justia Opinion Summary: Autauga, a cooperative that pools and markets farmers’ cotton, claims that the Crosbys breached a marketing agreement when they failed to deliver their promised cotton for 2010 and sought liquidated damages ($1,305,397)…
Date: June 22, 2018
Docket Number: 17-10485
Date: June 21, 2018
Docket Numbers: 17-12872, 18-15157, 19-14524
Date: June 21, 2018
Docket Number: 17-13531
Date: June 20, 2018
Docket Number: 17-12411
Date: June 20, 2018
Docket Number: 17-13046
Date: June 19, 2018
Docket Number: 17-11011
Justia Opinion Summary: The district court granted summary judgment for defendants on all charges, except for an unlawful arrest claim, in an action alleging violation of plaintiff's Fourth Amendment rights. On appeal, Officer Thomas argued…
Date: June 19, 2018
Docket Number: 17-13170
Justia Opinion Summary: The Eleventh Circuit vacated the district court's motion to dismiss a complaint seeking declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. 12181, et seq. The court…
Date: June 15, 2018
Docket Number: 18-10667
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of plaintiff's motion for garnishment against the GDAS. The court held that garnishment actions are "suits" under the Eleventh Amendment, Georgia has not waived…
Date: June 14, 2018
Docket Number: 17-13646
Date: June 14, 2018
Docket Number: 17-14891
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