2018 Eleventh Circuit US Court of Appeals Case Law
Opinions 1501 - 1891 of 1891
Date: March 15, 2018
Docket Number: 16-15059
Justia Opinion Summary: Vergara returned to Tampa, on a cruise ship from Cozumel, Mexico with three cell phones. Customs Officer Ragan searched his luggage and asked Vergara to turn a phone on and then looked through the phone for about five…
Date: March 15, 2018
Docket Number: 17-13269
Date: March 15, 2018
Docket Number: 18-10592
Justia Opinion Summary: In 1995, Austin, with his two-year-old son in his car, was using a payphone when Welch approached and put a gun at Austin’s side. A struggle ensued. Welch escaped with Austin ’s car, which was recovered nearby (Austin’s…
Date: March 15, 2018
Docket Number: 18-10989
Justia Opinion Summary: Petitioner, convicted in 1986 of three counts of malice murder and set for execution on March 15, 2018, sought permission to file a second habeas petition and a stay of execution, seeking to present claims that his…
Date: March 13, 2018
Docket Number: 16-15118
Justia Opinion Summary: The Eleventh Circuit reversed the district court's denial of defendants' motion to dismiss plaintiff's 42 U.S.C. 1983 and state law claims on the basis of qualified immunity and official immunity. In this case, plaintiff…
Date: March 13, 2018
Docket Number: 17-12332
Date: March 13, 2018
Docket Number: 17-12723
Date: March 12, 2018
Docket Number: 15-13223
Justia Opinion Summary: The Eleventh Circuit granted the petition for review of the BIA's denial of cancellation of removal. In this case, petitioner satisfied the third requirement of eligibility for cancellation of removal where the Florida…
Date: March 12, 2018
Docket Numbers: 16-14981, 17-14455
Date: March 12, 2018
Docket Number: 17-12579
Date: March 9, 2018
Docket Numbers: 16-16401, 17-11733
Date: March 8, 2018
Docket Numbers: 15-14889, 16-16210
Justia Opinion Summary: The "exceptional case" standard for awarding attorney's fees in Patent Act cases, as articulated by the Supreme Court’s recent decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. ___, 134 S. Ct. 1749…
Date: March 8, 2018
Docket Number: 16-14253
Justia Opinion Summary: The Eleventh Circuit affirmed Defendant Skillern and Nelson's convictions for mail fraud, wire fraud, and associated conspiracies. Defendants' convictions stemmed from their efforts to peddle non-existent gold to the…
Date: March 8, 2018
Docket Number: 17-13481
Date: March 7, 2018
Docket Number: 14-14708
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's judgment against three tobacco companies in favor of plaintiff for compensatory and punitive damages. This case was one of thousands of Engle progeny suits initiated by…
Date: March 7, 2018
Docket Number: 17-11694
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by the estate of Ananias Shaw, who was shot and killed by a police officer. Shaw was coming towards the…
Date: March 5, 2018
Docket Number: 16-14835
Date: March 5, 2018
Docket Number: 16-15820
Date: March 5, 2018
Docket Number: 17-11853
Date: March 1, 2018
Docket Numbers: 14-14620, 17-12231
Date: March 1, 2018
Docket Number: 16-15533
Date: March 1, 2018
Docket Number: 16-17667
Date: March 1, 2018
Docket Number: 17-12054
Date: February 28, 2018
Docket Number: 16-10874
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's convictions and sentences for two counts of using, carrying, and brandishing a firearm during, in relation to, and in furtherance of a crime of violence, in violation of 18…
Date: February 28, 2018
Docket Number: 16-17648
Justia Opinion Summary: The Eleventh Circuit denied the petition for review of the Secretary's order requiring Georgia to repay approximately $2.1 million of federal grant funds to the United States Department of Education. The court held that…
Date: February 27, 2018
Docket Number: 16-11756
Date: February 27, 2018
Docket Number: 16-14966
Date: February 27, 2018
Docket Number: 17-11130
Date: February 27, 2018
Docket Number: 17-11683
Justia Opinion Summary: The Eleventh Circuit sua sponte vacated its prior decision and substituted the following decision, which again affirmed the district court's denial of plaintiff's application for disability insurance benefits and…
Date: February 23, 2018
Docket Number: 17-12362
Date: February 22, 2018
Docket Numbers: 16-14726, 16-14972
Justia Opinion Summary: The Eleventh Circuit granted a petition for panel rehearing, withdrew the previous published opinion, and substituted this opinion. The court denied the petition for review of the BIA's order affirming petitioner's…
Date: February 22, 2018
Docket Number: 16-17285
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for being a convicted felon in possession of a firearm and ammunition. The court held that defendant failed to show error in the district court's…
Date: February 22, 2018
Docket Numbers: 18-10636, 18-12402
Date: February 21, 2018
Docket Number: 16-17237
Justia Opinion Summary: The Eleventh Circuit reversed and remanded the district court's summary judgment dismissal of plaintiff's discrimination claims against Manheim, her employer. Plaintiff alleged that the employer discriminated against her…
Date: February 21, 2018
Docket Number: 17-10338
Date: February 20, 2018
Docket Numbers: 15-10704, 14-13758, 16-17234, 17-11257, 21-10346
Date: February 20, 2018
Docket Numbers: 15-12344, 15-14352
Justia Opinion Summary: The Eleventh Circuit granted a petition for review of the BIA's decision denying petitioner's application for cancellation of removal and ordering removal. The court held that petitioner's narcotics conviction did not…
Date: February 20, 2018
Docket Number: 16-11737
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's application of a fifteen year mandatory minimum sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) and 924(e)(2)(B), to defendant's sentence. The…
Date: February 20, 2018
Docket Number: 17-10309
Date: February 16, 2018
Docket Number: 16-10985
Justia Opinion Summary: After transporters damaged cargo, Lloyds filed suit seeking to recover from the transporters the damages that Lloyds paid to its insured. The Eleventh Circuit explained that, because the transporters damaged one part of…
Date: February 15, 2018
Docket Number: 16-12906
Date: February 15, 2018
Docket Number: 16-17424
Justia Opinion Summary: A taxpayer that contracts to sell property used in its trade or business is not entitled to treat as capital gain an advance deposit that it rightfully retains when its would-be buyer defaults and cancels the deal. In…
Date: February 14, 2018
Docket Numbers: 14-14032, 17-13636
Date: February 14, 2018
Docket Numbers: 14-14133, 17-11491
Date: February 14, 2018
Docket Number: 16-16136
Date: February 14, 2018
Docket Number: 17-10445
Date: February 14, 2018
Docket Number: 17-13719
Date: February 13, 2018
Docket Number: 15-13871
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of RBC's motion to compel arbitration. Plaintiff held a checking account with RBC and filed suit alleging that RBC failed to properly warn him of possible…
Date: February 13, 2018
Docket Number: 16-13420
Date: February 13, 2018
Docket Number: 17-12191
Date: February 13, 2018
Docket Number: 17-12338
Justia Opinion Summary: In this school desegregation case, black schoolchildren opposed a motion filed by the Gardendale City Board of Education to permit it to operate a municipal school system. The district court devised and permitted a…
Date: February 13, 2018
Docket Numbers: 17-12660, 19-12892
Date: February 12, 2018
Docket Numbers: 16-10863, 17-12331
Date: February 8, 2018
Docket Number: 14-14635
Justia Opinion Summary: The Eleventh Circuit reversed the district court's decision issuing a writ of habeas corpus setting aside petitioner's failure-to-register conviction on the ground that his prior sodomy conviction was invalid under…
Date: February 8, 2018
Docket Number: 17-10736
Justia Opinion Summary: Plaintiffs filed suit against ZOLL, alleging that claims for strict products liability, negligence, fraudulent misrepresentation, fraudulent marketing and promotion, breach of express warranty, negligent…
Date: February 7, 2018
Docket Number: 15-13851
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's judgment in a personal injury case arising from plaintiff's slip and fall at a Publix Supermarket operated by defendant. After the jury returned a verdict for defendant,…
Date: February 7, 2018
Docket Number: 16-16506
Date: February 6, 2018
Docket Numbers: 17-10975, 18-14236, 20-13166, 23-11870
Date: February 6, 2018
Docket Number: 17-13080
Date: February 5, 2018
Docket Numbers: 15-13504, 15-15227, 16-17492, 20-13835
Date: February 5, 2018
Docket Number: 16-10141
Justia Opinion Summary: The Rooker-Feldman doctrine can not bar a federal suit regarding events occurring long after the entry of a state court decision. Long after a state court lawsuit had been completed between Specialty Marketing and Target…
Date: February 5, 2018
Docket Number: 16-10552
Justia Opinion Summary: The Eleventh Circuit certified a question to the Florida Supreme Court regarding the appropriate limitations period to be applied to post-judgment discovery. The Florida Supreme Court answered: Under Florida law,…
Date: February 5, 2018
Docket Number: 16-11685
Date: February 5, 2018
Docket Number: 17-12201
Date: February 2, 2018
Docket Numbers: 15-10491, 18-12198, 18-14380, 20-13957
Date: February 2, 2018
Docket Number: 16-13657
Date: February 2, 2018
Docket Number: 16-15265
Date: February 2, 2018
Docket Number: 16-17251
Date: February 2, 2018
Docket Number: 17-12282
Date: February 2, 2018
Docket Number: 17-12414
Date: January 31, 2018
Docket Numbers: 13-10891, 15-12990
Justia Opinion Summary: Winn-Dixie filed suit against Big Lots, Dollar General, and Dollar Tree, to enforce a grocery exclusive provision of its leases. At issue on appeal was the district court's ruling on remand. The district court found that…
Date: January 31, 2018
Docket Number: 16-10914
Justia Opinion Summary: An affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated. Because this principle…
Date: January 31, 2018
Docket Number: 16-17798
Date: January 31, 2018
Docket Number: 17-10834
Justia Opinion Summary: Petitioner sought review of the BIA's decision denying his motion to reopen removal proceedings. The DC Circuit dismissed in part and denied in part, holding that petitioner's constitutional claims challenging the order…
Date: January 31, 2018
Docket Number: 17-10860
Date: January 30, 2018
Docket Number: 17-12447
Date: January 29, 2018
Docket Numbers: 15-11990, 15-12282, 17-12418
Date: January 29, 2018
Docket Number: 16-17346
Justia Opinion Summary: The Eleventh Circuit denied the petition for review of the DEA's denial of Jones Pharmacy and SND Healthcare's application for certificates of registration to dispense controlled substances under the Controlled…
Date: January 29, 2018
Docket Number: 17-12448
Date: January 26, 2018
Docket Number: 15-12816
Justia Opinion Summary: The Florida Supreme Court answered the Eleventh Circuit's certified question, stating that the notice and repair process set forth in Chapter 558 of the Florida Statutes is a "suit" within the meaning of the CGL policies…
Date: January 26, 2018
Docket Number: 16-11997
Justia Opinion Summary: Relators filed suit under the False Claims Act (FCA), 31 U.S.C. 3729-30, alleging that MD and others misled the Government by providing material false or incomplete information at two points in the transactional…
Date: January 26, 2018
Docket Number: 16-15701
Date: January 25, 2018
Docket Number: 13-14316
Justia Opinion Summary: In this wrongful death action, plaintiff filed suit against R.J. Reynolds to recover damages based on the death of his wife from tobacco-related diseases caused by her decades-long history of smoking R.J. Reynolds'…
Date: January 25, 2018
Docket Number: 15-11436
Date: January 25, 2018
Docket Number: 16-16993
Date: January 24, 2018
Docket Number: 16-10803
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The court held that, because defendant has already served the entirety of his otherwise…
Date: January 24, 2018
Docket Number: 17-10817
Date: January 23, 2018
Docket Number: 16-15049
Date: January 23, 2018
Docket Number: 16-16702
Date: January 23, 2018
Docket Number: 17-11347
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's denial of a preliminary injunction that would have enjoined University of Alabama (UA) officials from applying UA's grounds use policy to the intersection of University…
Date: January 22, 2018
Docket Number: 16-16544
Justia Opinion Summary: The CFTC filed suit alleging that defendant violated the Commodities Exchange Act (CEA), when they failed to register as futures commission merchants, transacted the purchase and sale of contracts for the future delivery…
Date: January 19, 2018
Docket Number: 15-14830
Justia Opinion Summary: The Eleventh Circuit affirmed Defendant Presendieu's convictions, and vacated Defendant Jean's sentence in a case involving an illegal check-cashing scheme. The court held that Presendieu did not show that the district…
Date: January 19, 2018
Docket Numbers: 16-16412, 16-16418
Justia Opinion Summary: Plaintiffs filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400–1482, alleging that the School Board's refusal to include the desired therapy in their children's Individual Education…
Date: January 19, 2018
Docket Number: 17-11363
Date: January 19, 2018
Docket Number: 17-11844
Date: January 18, 2018
Docket Numbers: 16-14267, 16-14284
Justia Opinion Summary: Defendant appealed his sentence under 28 U.S.C. 2255 after the district court granted his motion to vacate or correct his earlier sentence. The Eleventh Circuit vacated the sentence and remanded for resentencing, holding…
Date: January 18, 2018
Docket Number: 16-15692
Justia Opinion Summary: Former Coach of the Miami Dolphins, James Turner, filed suit against defendants, alleging defamation claims under Florida law related to defendants' publication of a report, which concluded that bullying by other…
Date: January 18, 2018
Docket Number: 16-15898
Justia Opinion Summary: The Eleventh Circuit denied a petition for review of the BIA's decision affirming the IJ's orders of removable and denial of cancellation of removal based on petitioner's felony conviction for battery of a child by…
Date: January 16, 2018
Docket Number: 16-15580
Justia Opinion Summary: Cita Trust appealed the district court's dismissal of its complaint against Fifth Third Bank in a commercial contract dispute action. The Eleventh Circuit affirmed, holding that the district court did not err by…
Date: January 16, 2018
Docket Number: 17-13380
Date: January 12, 2018
Docket Numbers: 15-13020, 17-11974
Date: January 12, 2018
Docket Number: 16-13276
Date: January 12, 2018
Docket Number: 16-14814
Justia Opinion Summary: PETA filed suit against Seaquarium, alleging that it perpetrated an unlawful take by harming or harassing Lolita, a killer whale, in violation of section 9(a)(1)(B) of the Endangered Species Act of 1973 (ESA), 16 U.S.C.…
Date: January 12, 2018
Docket Number: 17-12346
Date: January 11, 2018
Docket Number: 16-16187
Date: January 11, 2018
Docket Number: 16-16464
Date: January 10, 2018
Docket Numbers: 15-10396, 16-10876
Justia Opinion Summary: After Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin and was permanently paralyzed, an action was brought against Deputy Lin and Sheriff Bradshaw. The Eleventh Circuit affirmed the district court's…
Date: January 10, 2018
Docket Number: 16-14773
Date: January 10, 2018
Docket Number: 16-16401
Date: January 9, 2018
Docket Numbers: 14-14883, 16-15794
Justia Opinion Summary: This case arose from a dispute over the ownership of the mark "The Commodores." Defendant appealed an order granting judgment as a matter of law to CEC and converting a preliminary injunction into a permanent one against…
Date: January 9, 2018
Docket Number: 16-14993
Date: January 9, 2018
Docket Numbers: 17-12122, 19-11996
Date: January 5, 2018
Docket Number: 16-14925
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's imposition of a sentencing enhancement that applied when a defendant has been deported after committing a "crime of violence" as defined by USSG 2L1.2(b)(1)(A)(ii). The…
Date: January 5, 2018
Docket Number: 16-17371
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction for reentering the country illegal following deportation. The court held that defendant was unable to meet the requirements that would allow for a collateral attack of…
Date: January 4, 2018
Docket Number: 15-14084
Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction of defrauding investors with regard to real estate located on the island of Rum Cay in the Bahamas. The court held that the district court properly denied defendant's…
Date: January 4, 2018
Docket Number: 17-10264
Date: January 3, 2018
Docket Number: 15-12031
Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiff's complaint for money damages against the United States, holding that Section 3730 of the False Claims Act, 31 U.S.C. 3730, did not waive the…
Date: January 3, 2018
Docket Number: 15-15146
Justia Opinion Summary: The Eleventh Circuit affirmed defendants' convictions related to their involvement in an extensive Medicare fraud scheme. The court rejected Defendants Crabtree, Marks, and Salafias' double jeopardy argument where there…
Date: January 3, 2018
Docket Number: 16-15179
Justia Opinion Summary: Plaintiffs filed suit under the Alien Tort Statute, 28 U.S.C. 1350, and the Torture Victim Protection Act of 1991, 28 U.S.C. 1350 note, against defendant, a Lieutenant in the Chilean Army, who oversaw and participated in…
Date: January 3, 2018
Docket Number: 16-15276
Justia Opinion Summary: When a litigant files a shotgun pleading, is represented by counsel, and fails to request leave to amend, a district court must sua sponte give him one chance to replead before dismissing his case with prejudice on…
Date: January 3, 2018
Docket Number: 17-11237
Date: January 2, 2018
Docket Number: 15-13755
Date: January 2, 2018
Docket Number: 17-11564
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