2021 Eleventh Circuit US Court of Appeals Case Law

Justia Opinion Summary: Because the Eleventh Circuit previously determined that the Government does not have to formally intervene before filing a motion to settle a qui tam action, and because the reasoning is the same for dismissals, the…

Justia Opinion Summary: In this qui tam action, after the jury found that Pinellas violated the False Claims Act and that the United States sustained damages, the district court trebled the damages and imposed statutory minimum penalties of…

Justia Opinion Summary: The Eleventh Circuit reversed the tax court's order disallowing taxpayers' carryover deduction for the donation of a conservation easement. The court concluded that the Commissioner's interpretation of I.R.C.…

Justia Opinion Summary: The Eleventh Circuit vacated defendant's 110-month sentence for possessing a firearm as a convicted felon. The court held that the government did not waive its argument that defendant's conviction qualified as a…

Justia Opinion Summary: After Allstate decided to stop paying premiums on retired employees' life insurance policies, two putative classes filed suit seeking declaratory and injunctive relief. The Turner retirees are made up of retired former…

Justia Opinion Summary: Plaintiffs, four sex trafficking victims, filed suit against numerous defendants within the hotel industry for violations of the Trafficking Victims Protection Reauthorization Act (TVPRA), specifically 18 U.S.C. 1595(a),…

Justia Opinion Summary: Fintech, a seller of software that processes alcohol-sales invoices within 24 hours, filed suit against its competitor, iControl, alleging misappropriation of trade secrets. After the jury found in favor of Fintech,…

Justia Opinion Summary: The Eleventh Circuit concluded that the conditions of petitioner's supervision program render her "in custody" within the meaning of 28 U.S.C. 2241, such that the district court had jurisdiction to consider her habeas…

Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction of one count of transmitting interstate threats, in violation of 18 U.S.C. 875(c) (Count 1), and three counts of cyberstalking, in violation of 18 U.S.C. 2261A(2)(B)…

Justia Opinion Summary: The Eleventh Circuit dismissed the appeal based on lack of jurisdiction because federal law bars the court from reviewing orders remanding cases based on a defect in removal. In this case, plaintiff moved to remand on…

Justia Opinion Summary: Telcy, convicted of drug and firearms offenses, was sentenced to life imprisonment due to his armed career criminal enhancement. His 2010 section 2255 habeas petition, arguing ineffective assistance of counsel, was…

Justia Opinion Summary: Beach, a debtor in possession, sought to avoid Live Oak’s blanket lien on all of its assets. In Florida, a creditor’s financing statement that does not list the debtor’s correct name is “seriously misleading” and…

Justia Opinion Summary: In November 2021, the Secretary of Health and Human Services issued an interim rule that requires facilities that provide health care to Medicare and Medicaid beneficiaries to ensure that their staff, unless exempt for…

Justia Opinion Summary: Davis, a former Congressman, mayoral candidate, candidate for governor of Alabama, and federal prosecutor, is Black. In 2016, he became Executive Director of LSA, a non-profit law firm serving low-income Alabamians.…

Justia Opinion Summary: Blackburn, who has Crohn’s disease, was prescribed LIALDA, an anti-inflammatory drug specifically aimed at the gut. LIALDA is not FDA-approved to treat Crohn’s, but it is approved to treat ulcerative colitis, Crohn’s…

Justia Opinion Summary: The Eleventh Circuit affirmed defendant's conviction and sentence for child pornography charges related to her two daughters. The court concluded that the district court did not violate defendant's constitutional right…

Justia Opinion Summary: Defendants, members of the Plowshares Movement, appealed their convictions and sentences for conspiracy, destruction of property on a naval installation, depredation of government property, and trespass. Defendants'…

Justia Opinion Summary: The Eleventh Circuit reversed the district court's grant of summary judgment in favor of a police officer individually and the City of Miami Beach on plaintiff's claims of excessive force and state law battery. Plaintiff…

Justia Opinion Summary: Liver-transplant candidates and transplant hospitals challenged HHS's adoption of a new policy for allocating donated livers. In 2019, the Eleventh Circuit held that the plaintiffs had not shown a substantial likelihood…

Justia Opinion Summary: Jathursan, a citizen of Sri Lanka, entered the U.S. without inspection in 2018. He was apprehended and expressed a fear of returning to Sri Lanka. After a credible fear interview, DHS determined that Jathursan had a…

Justia Opinion Summary: In 1999, Kristina drugged her sons and put them, and herself, in a running car in a closed garage. Matthew died; Adam and Kristina survived. Kristina was convicted of second-degree murder and remained in prison until…

Justia Opinion Summary: After plaintiff was convicted of felony obstruction of a law enforcement officer in a Georgia state court, he brought suit against the individual defendants under 42 U.S.C. 1983, alleging excessive force under the Fourth…

Justia Opinion Summary: Anderson, the lead plaintiff in a putative class action against her life insurance provider, Wilco, alleged that in 2011-2016, the company breached the terms of her universal life insurance policy by increasing her…

Justia Opinion Summary: Jackson was traveling in his wheelchair along a street near the Louisville Embassy Suites Hotel when he was hit by a hotel valet driver. He suffered severe injuries. Jackson sued, in Kentucky state court, several…

Justia Opinion Summary: In 2008, following a diagnosis of multiple sclerosis (MS), Karantsalis sued the city under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 by failing to make its facilities and infrastructure…

Justia Opinion Summary: The Eleventh Circuit held that relocation benefits provided by a railroad to its employees are exempt under the Railroad Retirement Tax Act as bona fide and necessary expenses incurred by the employee in the business of…

Justia Opinion Summary: Winn-Dixie sells Bacardi’s Bombay Gin in its stores. According to Bombay’s marketing and labeling, the gin contains ten “hand-selected botanicals from exotic locations around the world,” including “grains of paradise.” …

Justia Opinion Summary: The FTC filed suit under 15 U.S.C. 53(b) of the Federal Trade Commission Act (FTCA) against appellants, alleging that they had engaged in unfair or deceptive business practices in violation of 15 U.S.C. 45(a) under the…

Justia Opinion Summary: Pupo first applied for supplemental security income (SSI) in June 2011, alleging that she was unable to work due to depression, body tremors, and high blood pressure. Her initial application was denied, but, in 2015, her…

Justia Opinion Summary: A family-based immigrant is presumptively likely to become a public charge, ineligible for admission, but that presumption can be overcome if a sponsoring relative executes an “affidavit of support.” 8 U.S.C.…

Justia Opinion Summary: A confidential source (CI) met Ramirez, a Colombian national who was a legal resident of the U.S., and discussed the demand for AK-47 style weapons in Colombia. In 2017-2018, Ramirez obtained 45 firearms using straw…

Justia Opinion Summary: The Stanfords, the debtors in Chapter 11 bankruptcy proceedings, owned APC, another Chapter 11 debtor. Each had borrowed money from ServisFirst; each served as guarantor for the other’s debt. The Stanfords owed…

Justia Opinion Summary: VHV, a wholesale jewelry importer and the domestic counterpart of Khushi in India, filed a new-office petition and obtained L-1 nonimmigrant status for Vaidya, a citizen of India, to work as VHV’s CEO. VHV later sought…

Justia Opinion Summary: Georgia's November 6, 2018, general election was a bellwether of the national political mood. On November 5, Common Cause sued, alleging violations of the Fourteenth Amendment, the Help America Vote Act, 52 U.S.C. 21082;…

Justia Opinion Summary: Under the 1982 Tax Treatment of Partnership Items Act, 26 U.S.C. 6221–6232, partnership-related tax matters are resolved in two stages. During the partnership-level proceedings, the IRS may adjust items relevant to the…

Justia Opinion Summary: Through a Form I-130, a U.S. citizen can seek to establish that an alien relative is eligible for an immigrant visa, 8 U.S.C. 1151(b)(2)(A)(i) & 1154(a)(1)(A)(i). Relatives residing outside the U.S. must apply for the…

Justia Opinion Summary: New “Voice over Internet Protocol,” (VoIP) systems resulted in the 2008 New and Emerging Technologies 911 Improvement Act, 47 U.S.C. 222, 615a, 615a-1, 615b and 942.2 The “911 Fee Parity Provision” allows non-federal…

Justia Opinion Summary: Five co-defendants were charged with wire fraud, mail fraud, and conspiracy for their involvement in a telemarketing scheme to defraud stock investors. After an eight-week trial, during which the defendants made several…

Justia Opinion Summary: Foresters filed an interpleader action concerning the proper disbursement of about $3 million in life insurance proceeds arising from the death of the insured, Andrew. Cathleen, Andrew’s ex-wife, and David, Andrew’s…

Justia Opinion Summary: In 1981, a Georgia federal district court concluded that Atlanta’s zoning regulations for adult businesses were constitutionally overbroad in their entirety and permanently enjoined their enforcement. Atlanta did not…

Justia Opinion Summary: In 2018, Florida voters approved Amendment 4, a state constitutional amendment that automatically restored voting rights to ex-felons who had completed all of the terms of their sentences. Plaintiffs filed suit…

Justia Opinion Summary: Cox, a transgender woman, was assaulted at three different Georgia prisons for male inmates: At each of these institutions, Cox received estrogen injections, causing her to present with female features. Cox’s identity…

Justia Opinion Summary: Follies, an adult entertainment nightclub, filed suit against the City of Chamblee, challenging Ordinance 754, which amended section 6-152(a) of its Alcohol Code to require establishments selling liquor for consumption…

Justia Opinion Summary: The Eleventh Circuit reversed the district court's grant of summary judgment for plaintiff in an action brought under the Fair Labor Standards Act (FLSA). After considering the FLSA, the Supreme Court's decision in…

Justia Opinion Summary: Americans and co-conspirators based in China schemed to obtain EB-1C work visas fraudulently for Chinese nationals. Their clients each deposited about $300,000 into a client-owned American bank account. The government…

Justia Opinion Summary: Giron, a Colombian national federal prisoner acting pro se, sought compassionate release under 18 U.S.C. 3582(c)(1)(A). The Eleventh Circuit affirmed the denial of his motion. The application notes for U.S.S.G. 1B1.13…

Justia Opinion Summary: Akal, a government contractor, repatriates persons ordered removed from the U.S., transporting detainees on airplanes. Akal staffs it flights with air security officers (ASOs). Once the detainees have been transported to…

Justia Opinion Summary: The Eleventh Circuit held that the statutory phrase "same disease or condition" contained in the Orphan Drug Act is not ambiguous. This case arose from Catalyst's lawsuit against the FDA alleging multiple violations of…

Justia Opinion Summary: Defendants Perry and Ragin were indicted with seven other co-defendants on numerous charges related to their involvement in a substantial multi-year, multi-state drug distribution organization operating primarily in…

Justia Opinion Summary: Tinker, a federal prisoner serving a 180-month sentence for possessing a firearm while a convicted felon, argued that his medical conditions—obesity, hypertension, a congenitally narrowed spinal canal, and mental…

Justia Opinion Summary: The Eleventh Circuit granted the petition for rehearing, vacated its previous opinion and judgment, substituted this opinion in its place, and certified to the Florida Supreme Court two related questions about the nature…

Justia Opinion Summary: A member of Sons of Confederate Veterans applied to participate in the Old Soldiers Day Parade, a pro-American veterans parade funded and organized by the Alpharetta, Georgia, and was informed that the organization could…

Justia Opinion Summary: The estates of some of the murder victims from the Pulse nightclub shooting in 2016, along with some of the injured, filed suit in federal court in Michigan against social media companies. The lawsuit was unsuccessful. A…

Justia Opinion Summary: The Eleventh Circuit affirmed the district court's dismissal of plaintiffs' Federal Tort Claims Act (FTCA) suit against the United States after Steve Smith and his daughter, Sydney, were killed when their car struck two…

Justia Opinion Summary: A California court awarded Elie a $14,814,107.48 judgment against his former partner, Cutuli. Separately, Cutuli pleaded guilty to conspiracy to fraudulently transfer or conceal property in contemplation of bankruptcy. …

Justia Opinion Summary: Smith, a Muslim serving a life sentence, sued the Georgia Department of Corrections (GDOC) under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc, claiming that GDOC’s grooming policy,…

Justia Opinion Summary: DeJesus claims that in 2016, he was sexually assaulted by a prison official, Lewis. DeJesus had an attorney to represent him in court, but shortly before trial, the district court allowed counsel to withdraw. DeJesus was…

Justia Opinion Summary: Beach Blitz sued the City and individuals, asserting that the City’s enactment and enforcement of ordinances regulating the sale of liquor and requiring businesses selling liquor to obtain licenses violated its…

Justia Opinion Summary: Plaintiff appeals the district court's order affirming the ALJ's denial of his application for supplemental security income (SSI) benefits, pursuant to 42 U.S.C. 1383(c). Plaintiff contends that the ALJ erred by ruling…

Justia Opinion Summary: The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of GEICO and its rejection of claimant's attempt to obtain a $14,900,000 bad faith judgment from the insurer. The court concluded…

Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against the sheriff's department and deputies involved in plaintiff's second arrest based on mistaken identity. Plaintiff alleged that defendants violated his Fourth and Fourteenth…

Justia Opinion Summary: Plaintiff filed suit against prison officials, alleging that the delay in treatment of the cut on his hand amounted to deliberate indifference to a serious medical need. Captain Lewis asserted a qualified immunity…

Justia Opinion Summary: After an arbitrator awarded money damages in favor of plaintiffs and against Terminix, plaintiffs filed a motion to confirm with the district court. The district court ordered Terminix to respond, but Terminix opted to…

Justia Opinion Summary: The Eleventh Circuit issued this decision on remand from the en banc court. In this case, law enforcement agents had placed a GPS tracking device in two packages after finding cocaine hidden in them. The agents put…

Justia Opinion Summary: Plaintiff filed suit against Denny's, alleging violations of the Fair Labor Standards Act (FLSA) and seeking to bring claims on behalf of herself and all similarly situated tipped employees who were subject to Denny's…

Justia Opinion Summary: Compensatory education is not an automatic remedy for a child-find violation under the Individuals with Disabilities Education Act (IDEA). Compensatory educational services are designed to counteract whatever educational…

Justia Opinion Summary: The Eleventh Circuit denied a petition for review challenging the BIA's dismissal of petitioner's appeal from the IJ's removal order. The court concluded that each of petitioner's two Georgia convictions for simple…

Justia Opinion Summary: Petitioner, a criminal alien facing deportation to Somalia, petitions for review of the order of the BIA confirming his removability and denying his applications for withholding of removal, protection under the…

Justia Opinion Summary: After Christian Redwine led officers from the Columbus Police Department on a high-speed chase across state lines before crashing into bushes on the side of a road, the driver of the police vehicle stopped behind and to…

Justia Opinion Summary: The Eleventh Circuit affirmed the district court's final judgment against plaintiff in an action brought against Koch for race and national origin discrimination under 42 U.S.C. 1981 and Title VII. In regard to…

Justia Opinion Summary: The Eleventh Circuit affirmed the district court's order dismissing National Trust's federal declaratory judgment action without prejudice. Plaintiff filed a wrongful death action against Southern Heating and others in…