2023 Eleventh Circuit US Court of Appeals Case Law
Date: March 21, 2023
Docket Number: 22-11184
Date: March 21, 2023
Docket Number: 22-12512
Date: March 20, 2023
Docket Number: 21-13994
Date: March 20, 2023
Docket Number: 22-11818
Date: March 15, 2023
Docket Numbers: 21-12438, 22-10335
Date: March 15, 2023
Docket Number: 22-10067
Date: March 15, 2023
Docket Number: 22-12153
Date: March 14, 2023
Docket Number: 20-13074
Justia Opinion Summary: Defendant appealed the denial of his First Step Act motion to reduce his sentence. The district court considering Defendant’s motion concluded that it was bound by the sentencing court’s drug-quantity finding when…
Date: March 14, 2023
Docket Number: 21-12486
Justia Opinion Summary: S.D. lost control of his van while driving on a divided highway in Pasco County, Florida. The van jumped the center median and landed directly on top of an oncoming car driven by Plaintiff. Plaintiff was seriously…
Date: March 13, 2023
Docket Numbers: 19-10950, 22-10675
Justia Opinion Summary: This appeal involves a nonjusticiable political question: who has the authority to litigate in the name of the Venezuelan state oil company, Petróleos de Venezuela, S.A. The underlying action, brought by a litigation…
Date: March 13, 2023
Docket Numbers: 20-11446, 21-11569, 22-11943
Date: March 13, 2023
Docket Number: 21-10809
Justia Opinion Summary: Defendant was convicted of producing and possessing child pornography. On appeal, he challenged his convictions on three grounds. First, he argued that the government failed to present sufficient evidence to satisfy…
Date: March 13, 2023
Docket Number: 22-10033
Justia Opinion Summary: Acting as the decedent’s estate’s administrator and on behalf of his two sons, Plaintiff filed suit against Defendant-Officer. Plaintiff principally sought damages under 42 U.S.C. Section 1983, alleging that Defendant…
Date: March 13, 2023
Docket Number: 22-10652
Date: March 13, 2023
Docket Number: 22-11430
Date: March 10, 2023
Docket Numbers: 16-11741, 16-11770, 16-11771
Date: March 10, 2023
Docket Number: 21-14433
Date: March 9, 2023
Docket Number: 21-12314
Justia Opinion Summary: After a 19-year-old shot and killed seventeen people at Marjory Stoneman Douglas High School, the Florida Legislature enacted the Marjory Stoneman Douglas High School Public Safety Act, which bans the sale of firearms to…
Date: March 9, 2023
Docket Number: 22-11820
Date: March 8, 2023
Docket Numbers: 20-14244, 21-12669
Date: March 8, 2023
Docket Number: 22-11341
Justia Opinion Summary: The Professional Airline Flight Control Association complained that Spirit is attempting to change its agreement. Spirit responded that its unilateral decision to open a second operations control center is permitted by…
Date: March 6, 2023
Docket Number: 20-11877
Justia Opinion Summary: Defendant found in possession of a firearm, was charged with violating Section 922(g)(9) based on a previous misdemeanor conviction for battery under the Georgia Family Violence Act. The district court granted his…
Date: March 3, 2023
Docket Number: 20-13278
Justia Opinion Summary: Plaintiff served as the Chief of Police for the Sneads Police Department from March 2006 until October 2018. On October 9, 2018, the five-member Town Council terminated Plaintiff’s employment by a 4-to-1 vote. The Town…
Date: March 2, 2023
Docket Number: 21-14102
Date: March 2, 2023
Docket Number: 22-11124
Justia Opinion Summary: Based in Auburn, Alabama, Plaintiff and her pharmacy were one of the thousands of businesses that answered the call to provide Covid-19 tests to the public. However, the Alabama Board of Pharmacy (the Board) concluded…
Date: March 1, 2023
Docket Number: 20-12364
Justia Opinion Summary: Defendant, a convicted felon, was indicted for possessing three firearms. The jury found Defendant guilty as charged, and the district court sentenced him to a prison term of ten years. Defendant appealed his conviction.…
Date: March 1, 2023
Docket Number: 21-10819
Date: March 1, 2023
Docket Number: 21-13542
Date: February 27, 2023
Docket Number: 19-14697
Date: February 27, 2023
Docket Number: 21-11036
Date: February 27, 2023
Docket Number: 21-13232
Justia Opinion Summary: Plaintiffs in this case—Sherman Nealy and Music Specialist, Inc.—filed this copyright action seeking, among other things, damages for infringement they allege occurred more than three years before they filed this…
Date: February 27, 2023
Docket Number: 22-13289
Date: February 22, 2023
Docket Number: 21-12095
Date: February 22, 2023
Docket Numbers: 21-12439, 21-12428
Justia Opinion Summary: The assignees of two Medicare Advantage Organizations seek reimbursements from insurance companies that they allege qualify as primary payers of beneficiaries’ medical expenses. The insurance companies argued, and the…
Date: February 21, 2023
Docket Number: 21-13645
Date: February 21, 2023
Docket Number: 22-12200
Date: February 17, 2023
Docket Number: 21-13195
Date: February 16, 2023
Docket Number: 21-13580
Justia Opinion Summary: Plaintiffs commenced this adversary proceeding in the United States Bankruptcy Court for the Southern District of Florida against UBS Financial Services Inc. and UBS Credit Corp. (together, “UBS”), to recover funds UBS…
Date: February 16, 2023
Docket Number: 22-10857
Date: February 15, 2023
Docket Number: 21-10471
Justia Opinion Summary: Petitioner, a Cuban immigrant, sought immigration relief under the United Nations Convention Against Torture and Other Cruel Inhumane or Degrading Treatment or Punishment (“CAT”) as well as through and application for…
Date: February 15, 2023
Docket Number: 22-11521
Date: February 14, 2023
Docket Numbers: 18-1859, 22-10049
Date: February 14, 2023
Docket Number: 20-12568
Justia Opinion Summary: Defendant appealed his convictions for 27 counts of aiding and abetting the acquisition of controlled substances by deception and 102 counts of unlawfully dispensing controlled substances. On appeal, Defendant argued…
Date: February 14, 2023
Docket Numbers: 22-11334, 22-11978, 22-12282, 22-13008
Date: February 9, 2023
Docket Number: 21-11296
Date: February 9, 2023
Docket Number: 21-12540
Justia Opinion Summary: Petitioner pled guilty to a charge of lewd or lascivious conduct and was sentenced to five years of sexual offender probation. The terms of that probation provided that he “qualified and shall register with the Florida…
Date: February 9, 2023
Docket Number: 22-11179
Date: February 8, 2023
Docket Number: 21-12493
Justia Opinion Summary: Life Insurance Company of North America (“LINA”) made multiple determinations that Plaintiff did not qualify for disability benefits under her long-term disability insurance policy and her life insurance policy.…
Date: February 8, 2023
Docket Number: 21-14380
Date: February 8, 2023
Docket Number: 22-10647
Justia Opinion Summary: Under the terms of a consulting agreement between GSE Consulting, Inc. (“GSE”) and Harris Corporation (“Harris”), GSE is entitled to a payment of up to four million dollars in the event that certain intellectual property…
Date: February 8, 2023
Docket Number: 22-12575
Date: February 7, 2023
Docket Number: 22-10677
Date: February 7, 2023
Docket Number: 22-10735
Date: February 6, 2023
Docket Number: 21-13879
Justia Opinion Summary: Plaintiff sued Defendants under the Truth in Lending Act ("TILA"), claiming that Defendant violated TILA because it did not provide him those disclosures. The question in this case was whether Plaintiff had Article III…
Date: February 6, 2023
Docket Number: 22-10945
Justia Opinion Summary: Geico General Insurance Company (Geico) asserted eight claims against Glassco, Inc.: a declaratory judgment claim seeking a declaration that Glassco violated the Repair Act and that Geico had no duty to pay pending…
Date: February 3, 2023
Docket Numbers: 19-10705, 19-10722, 21-11995, 21-11998
Justia Opinion Summary: Plaintiff Sabal Trail Transmission, LLC (“Sabal Trail”), is a natural-gas company that has a “certificate of public convenience and necessity” from the Federal Energy Regulatory Commission (“FERC”) under the Natural Gas…
Date: February 3, 2023
Docket Number: 19-11943
Date: February 3, 2023
Docket Number: 19-11955
Justia Opinion Summary: A grand jury charged Defendant with one count of possessing with intent to distribute more than 50 grams of crack cocaine. The district court found that the offense involved 287 grams of crack cocaine. Based on this…
Date: February 3, 2023
Docket Number: 21-14262
Date: February 3, 2023
Docket Number: 22-10762
Date: February 2, 2023
Docket Number: 22-12002
Date: February 1, 2023
Docket Number: 21-10550
Justia Opinion Summary: Plaintiff had three possible strikes: one dismissal for failure to state a claim, another dismissal for failure to exhaust administrative remedies, and a summary judgment for failure to exhaust. The first dismissal is a…
Date: January 31, 2023
Docket Number: 21-13651
Justia Opinion Summary: The government served Appellant with three subpoenas directed at three business entities for which he is the document custodian. The subpoenas commanded the companies to appear and testify before the Grand Jury, produce…
Date: January 31, 2023
Docket Number: 22-10358
Date: January 31, 2023
Docket Number: 22-10838
Date: January 30, 2023
Docket Number: 20-11393
Justia Opinion Summary: On remand from the Supreme Court, the Eleventh Circuit heard a case arising from a Georgia prisoner’s objection based on his medical conditions to his prescribed method of execution. The district court dismissed the…
Date: January 30, 2023
Docket Numbers: 22-11334, 22-11978, 22-12282, 22-13008
Date: January 27, 2023
Docket Numbers: 19-11932, 19-13275, 21-13116
Justia Opinion Summary: The Federal Trade Commission (the “Commission”) alleges that Defendant and his six companies engaged in unfair or deceptive business practices in violation of Section 5(a) of the Federal Trade Commission Act and the…
Date: January 26, 2023
Docket Number: 21-14051
Justia Opinion Summary: Plaintiffs SkyHop Global, LLC, SkyHop Technologies, Inc. (collectively, “SkyHop”) and Defendant company owner and his company Indyzen, Inc. (collectively, “Indyzen”) have developed and deployed digital software aimed at…
Date: January 25, 2023
Docket Number: 18-12147
Date: January 24, 2023
Docket Number: 22-10722
Date: January 23, 2023
Docket Numbers: 19-12655, 22-11608
Date: January 23, 2023
Docket Number: 21-11961
Date: January 23, 2023
Docket Number: 21-12963
Justia Opinion Summary: Defendant appealed his 36-month prison sentence imposed upon revocation of his supervised release. He argues that his sentence is substantively unreasonable because (1) his conduct did not constitute a new criminal…
Date: January 23, 2023
Docket Number: 21-13510
Date: January 23, 2023
Docket Number: 22-11881
Date: January 23, 2023
Docket Number: 22-12119
Date: January 20, 2023
Docket Number: 20-12781
Justia Opinion Summary: Deputy sheriffs arrested Plaintiff based on a warrant for another man of the same name, detained him, and released him when his identity was verified three days later. Plaintiff sued the deputies for violating his…
Date: January 20, 2023
Docket Number: 21-11467
Justia Opinion Summary: After a five-day trial, a jury convicted Defendant of healthcare fraud, conspiracy to commit healthcare fraud, paying kickbacks in connection with a federal healthcare program, and conspiracy to pay and receive…
Date: January 20, 2023
Docket Number: 21-13202
Date: January 20, 2023
Docket Number: 21-13448
Date: January 20, 2023
Docket Number: 21-13778
Date: January 20, 2023
Docket Number: 22-10168
Justia Opinion Summary: Thirteen states sued the Treasury Secretary and related officials to challenge a tax offset provision in the American Rescue Plan Act, a coronavirus stimulus package passed by Congress in 2021. That offset provision…
Date: January 20, 2023
Docket Number: 22-13342
Date: January 19, 2023
Docket Numbers: 18-13071, 18-14115, 18-14292, 20-10543, 21-13002
Date: January 19, 2023
Docket Number: 22-10174
Date: January 19, 2023
Docket Number: 22-11448
Date: January 18, 2023
Docket Number: 19-13776
Justia Opinion Summary: Defendant pled guilty to one count of possession of a firearm after having been convicted of a felony, one count of conspiracy to possess with intent to distribute heroin and cocaine, and one count of carrying a firearm…
Date: January 18, 2023
Docket Number: 21-12520
Date: January 18, 2023
Docket Number: 22-10425
Date: January 18, 2023
Docket Number: 22-10924
Justia Opinion Summary: Defendant appealed his sentence of 36 months imprisonment for wire fraud, which is an upward variance from the guidelines range of 8 to 14 months. The district court imposed that sentence after Defendant pleaded guilty…
Date: January 18, 2023
Docket Numbers: 22-11334, 22-11978, 22-12282, 22-13008
Date: January 18, 2023
Docket Number: 22-12265
Date: January 17, 2023
Docket Number: 20-14602
Justia Opinion Summary: The jury convicted Petitioner of second-degree murder and robbery. The verdict form included interrogatories about the firearm enhancement. After he was resentenced, Petitioner filed a third motion that asserted two…
Date: January 17, 2023
Docket Number: 21-13222
Date: January 17, 2023
Docket Number: 21-13809
Date: January 17, 2023
Docket Number: 21-13871
Date: January 13, 2023
Docket Number: 21-12573
Justia Opinion Summary: Defendant, a collector of child pornography, commented on several “mom blog” posts asking mothers to display sexually explicit images of their young daughters. At issue is whether requests constitute criminal attempts to…
Date: January 12, 2023
Docket Number: 19-13390
Justia Opinion Summary: FIC was founded and started using FOREMOST branded marks to market and sell its insurance products. After FIC operated independently for several decades, Farmers Insurance Group acquired FIC in 2000. Now a subsidiary of…
Date: January 12, 2023
Docket Number: 20-13735
Justia Opinion Summary: The case arises out of the insolvency of the Crescent Bank and Trust Company (“Crescent”) and the conduct of its customer lawyer, a manager of his law firm, Morris Hardwick Schneider, LLC (“Hardwick law firm”). In 2009,…
Date: January 12, 2023
Docket Number: 21-13789
Justia Opinion Summary: Residents of the Royal Palm Village Mobile Home Park in Haines City, Florida, sued the Park’s owners in federal court. The residents alleged that the owners had engaged in fraud by, among other things, illegally passing…
Date: January 12, 2023
Docket Number: 22-11839
Date: January 11, 2023
Docket Numbers: 20-14440, 20-14451
Date: January 11, 2023
Docket Number: 21-13175
Date: January 10, 2023
Docket Numbers: 20-12960, 20-14251
Justia Opinion Summary: Plaintiff is a U.S. citizen and a U.S. national, as that term is defined in 22 U.S.C. Section 6023(15). He claims to be the “rightful owner of an 82.5% interest in certain commercial waterfront real property in the Port…
Date: January 10, 2023
Docket Number: 21-10987
Justia Opinion Summary: Appellee’s confirmed bankruptcy plan purported to modify the rights of Appellant Creditor Mortgage Corporation of the South’s (“MCS”) mortgage on Appellee’s residence. In fact, her plan purported to eradicate all…
Date: January 10, 2023
Docket Number: 21-13489
Justia Opinion Summary: The Florida Legislature passed the Combatting Violence, Disorder, and Looting, and Law Enforcement Protection Act, also known as House Bill 1 (“HB 1”), 2021 Fla. Leg. Sess. Laws Serv. ch. 2021-6. HB 1 redefined the crime…
Date: January 10, 2023
Docket Number: 21-14514
Justia Opinion Summary: Defendant was charged with armed robbery under Georgia law. A grand jury later indicted Defendant for one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. Section 922(g)(1), to which…
Date: January 10, 2023
Docket Number: 22-10853
Date: January 9, 2023
Docket Numbers: 21-10366, 22-10366
Date: January 9, 2023
Docket Number: 21-11009
Date: January 9, 2023
Docket Numbers: 21-13298, 21-13581, 21-13514
Date: January 6, 2023
Docket Numbers: 19-13639, 21-12564
Justia Opinion Summary: Plaintiff enrolled in a Doctor of Education degree program at Grand Canyon University. Plaintiff claims that he did not complete his degree because, despite representing that students can finish the program in 60 credit…
Date: January 6, 2023
Docket Numbers: 19-13838, 19-14874
Justia Opinion Summary: Defendant challenges his convictions of healthcare fraud, illegal kickbacks, and money laundering and the related restitution award and forfeiture judgment. After Defendant filed this appeal, President Trump commuted his…
Date: January 6, 2023
Docket Number: 21-10809
Justia Opinion Summary: Defendant was convicted of producing and possessing child pornography in violation, respectively, of 18 U.S.C. Sections 2251(a) and 2252A(a)(5)(b). On appeal, Defendant claimed raised three grounds of error, 1.) the…
Date: January 6, 2023
Docket Number: 21-11111
Date: January 6, 2023
Docket Number: 21-11542
Date: January 6, 2023
Docket Number: 21-13270
Date: January 6, 2023
Docket Number: 21-13729
Date: January 5, 2023
Docket Numbers: 19-11508, 19-12661, 17-12653
Justia Opinion Summary: On remand from the Supreme Court. Ruan v. United States, 142 S. Ct. 2370 (2022) (Ruan II), the Eleventh Circuit ordered supplemental briefing to address whether the mens rea jury instruction used in this case was error…
Date: January 5, 2023
Docket Number: 21-12928
Date: January 5, 2023
Docket Number: 21-13774
Justia Opinion Summary: Just before the Chapter 11 reorganization plans of Caribevision Holdings, Inc. and Caribevision TV Network, LLC was set to be confirmed, the debtors filed an emergency motion to modify the plans under 11 U.S.C. Section…
Date: January 4, 2023
Docket Number: 21-11733
Justia Opinion Summary: This appeal arises out of an insurance dispute involving a yacht, the Serendipity, that was destroyed by Hurricane Dorian, a Category 5 storm, that slammed into Great Abaco Island in the Bahamas. Serendipity at Sea, LLC…
Date: January 4, 2023
Docket Number: 21-13206
Date: January 4, 2023
Docket Number: 21-13496
Justia Opinion Summary: An insured fell from a roof and became paralyzed from the waist down, never to walk again. Within months, his medical bills climbed past $400,000, and future costs were projected into the millions. Three insurance…
Date: January 3, 2023
Docket Number: 22-10966
