261 results for 'court:"11th Circuit"'.
J. Grant finds that the district court improperly dismissed the nonprofit's action for lack of standing on its claim that the Corps issued a dock permit for one of Georgia's barrier islands without full environmental review under the National Environmental Policy Act. The nonprofit's members alleged that they suffered an aesthetic injury from viewing the dock and alleged they suffered procedural harm when the Corps failed to complete the full review process. Although the dock has already been built, relief for the nonprofit's alleged procedural harm is still possible. Review could still occur and the Corps could reconsider the decision to allow the dock. The district court correctly dismissed the nonprofit's claim alleging a violation of the Cumberland Island National Seashore Act. Reversed in part.
Court: 11th Circuit, Judge: Grant, Filed On: May 2, 2024, Case #: 22-11079, Categories: Environment
J. Grant finds that the district court properly awarded the store $62,000 in attorney fees as sanctions in an action against the shopping center owner arising after the store's request to exercise its option to extend the terms of its lease was denied. The owner acted in bad faith since it had knowledge of the lack of diversity jurisdiction in the case but delayed disclosing the information for more than a year. The sanction award was limited to two-thirds of the attorney fees incurred by the store after the owner discovered its diversity-destroying citizenship. The district court correctly struck the store's affidavit claiming its attorney did not act in bad faith as untimely and irrelevant. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12461, Categories: Sanctions, Attorney Fees
J. Grant finds that the district court properly denied the father's petition seeking the return of his son under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. The mother took the child from Venezuela without the father's knowledge or permission and moved to Florida. The district court correctly found that the Convention did not require the child's return because the father filed the petition more than a year after the child was removed from Venezuela and the child is settled in his new environment. Although the outcome of the mother's asylum petition has not yet been decided, that fact does not outweigh the evidence of the child's connections to his new community. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 23-12566, Categories: Immigration
J. Abudu finds that the district court properly ruled in favor of the employer in a race discrimination action brought by the former employee, a white woman. The ex-employee claimed that she was discriminated against by her supervisor, a Black woman, and that she was unfairly denied a transfer or reassignment. The district court correctly found the ex-employee failed to show she was fired or discriminated against based on her race. The ex-employee failed to allege a claim for retaliation and failed to show that the employer's non-discriminatory reasons for firing her due to performance issues were pretextual. Affirmed.
Court: 11th Circuit, Judge: Abudu, Filed On: May 1, 2024, Case #: 22-11401, Categories: Employment Discrimination
J. Grant finds that the district court improperly dismissed the company's breach of contract and trade secrets action against the ex-employee and the competitor arising after they allegedly stole trade secrets about the company's government contract to improve the competitor's bid for the same contract. The company and the competitor are both tribally-owned businesses. Since the competitor's alleged misconduct is related to its participation in the business development program, the company's trade secrets claims fall under the scope of the competitor's sovereign immunity waiver. The district court incorrectly failed to consider the enforceability of the forum selection clause naming an allegedly nonexistent tribal court as the proper forum before dismissing the breach of contract claim against the ex-employee. Reversed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12669, Categories: Trade Secrets, Contract
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J. Lagoa finds that the district court properly convicted defendant of possession with intent to distribute 500 grams or more of cocaine and a related conspiracy offense. Sufficient evidence was presented to support defendant's convictions. The district court correctly sentenced defendant to 60 months in prison, correctly instructed the jury on deliberate ignorance and properly denied defendant's motion to suppress evidence of cocaine taken from his vehicle by an FBI informant without a warrant. The automobile exception to the Fourth Amendment's warrant requirement applied in this instance. There was a reasonable probability that the informant would find the cocaine where the co-defendant told him to look in the passenger seat of defendant's car. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 30, 2024, Case #: 22-12988, Categories: Drug Offender, Search
J. Lagoa finds that the district court properly sentenced defendant to 180 months in prison for being a felon in possession of a firearm. The district court correctly found that defendant's prior Georgia conviction for threatening physical harm to a witness qualified as a violent felony under the Armed Career Criminal Act. The Georgia law under which defendant was convicted is divisible. The element of the statute criminalizing threatening or causing damage to property can be separated from two elements of the statute criminalizing physical harm to a person. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 30, 2024, Case #: 22-12013, Categories: Sentencing
J. Hull finds that the district court properly sentenced defendant to 96 months in prison following his guilty plea to possession of a firearm by a felon. The district court correctly calculated the base offense level in determining the advisory guidelines range for defendant's sentence. Defendant's two prior Georgia convictions for aggravated assault with a deadly weapon qualified as crimes of violence under the enumerated offenses clause of the statute. Defendant's argument that the Georgia offense is broader than the generic offense of aggravated assault is foreclosed by the earlier 11th Circuit panel ruling in United States v. Morales-Alonso. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: April 30, 2024, Case #: 23-10280, Categories: Firearms, Sentencing
J. Rosenbaum finds that the district court properly convicted defendant, the ex-sheriff of Clayton County, Georgia, of using his position to deprive pretrial detainees in his custody of their constitutional right to be free from excessive force. On six occasions, defendant had non-violent, compliant detainees handcuffed and confined to restraint chairs for hours without bathroom breaks. Defendant had fair warning that his conduct was unconstitutional. Restraint chair use qualifies as "force" and defendant's use of force was objectively excessive since the detainees were not actively resisting. There was sufficient evidence to allow the jury to find that defendant's conduct had no legitimate nonpunitive purpose and caused the detainees injuries including open wounds and scarring. The district court correctly questioned a juror after receiving reports that they refused to follow the law and properly issued two Allen charges during deliberations. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 29, 2024, Case #: 23-10934, Categories: Constitution, Jury, Civil Rights
J. Brasher remands defendant's appeal of his 20-year conspiracy and wire fraud sentence back to the 11th Circuit to consider whether the sentence is substantively unreasonable and whether the district court committed procedural errors in arriving at the sentence. The sentence was handed down after defendant received a life sentence for committing murder while on probation. The 11th Circuit overrules its previous precedent of vacating any sentence imposed by a district court without an explanation. The district court did not commit a plain error when it sentenced defendant and its failure to explain its reasoning for the sentence did not affect defendant's substantial rights. The district court's reasoning was obvious from the record.
Court: 11th Circuit, Judge: Brasher, Filed On: April 29, 2024, Case #: 22-10742, Categories: Sentencing
[Consolidated.] J. Tjoflat finds that the district court properly ruled in favor of the timeshare company in two actions brought by consumers alleging that the company violated the Fair Credit Reporting Act by inaccurately reporting that they owed debts. The consumers' claims are not actionable because they cannot identify inaccurate or incomplete information provided by the company to the consumer reporting agencies. The inaccuracies alleged by the consumers stem from a contractual dispute over whether the debt was due and collectible. The information in dispute is therefore not "objectively and readily verifiable." Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 24, 2024, Case #: 22-11014, Categories: Consumer Law
J. Lagoa finds that the district court properly ruled in favor of the sheriff and deputy in a civil rights action brought by the widower arising after the deputy fatally shot his wife while responding to a 911 call about her suicide attempt. The district court correctly instructed the jury on excessive force and the Baker Act. The modified pattern instructions on excessive force were properly tailored to the scenario the deputy encountered, which did not involve a criminal arrest, and designed to avoid needlessly confusing the jury. Although the Baker Act instruction was incorrect, the error was not prejudicial. The evidence allowed the jury to find that the deputy was justified in determining that the wife could not decide for herself whether a voluntary examination was necessary. The intoxicated wife was holding a knife and told the deputy to shoot her. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 18, 2024, Case #: 22-11106, Categories: Civil Rights, Jury, Police Misconduct
J. Rosenbaum finds that the district court properly ruled in favor of the secretary in a race discrimination and employment retaliation action brought by the nurse after she was not chosen for a promotion. The nurse, a Black woman, failed to point to any genuine dispute of material fact as to whether she experienced race or national origin discrimination. Other people were chosen for the position based on their management experience and certifications. The removal of the hiring panel's only Black member for scheduling conflicts also did not disadvantage the nurse. The nurse failed to show that any workplace hostility was causally connected to her Equal Employment Opportunity Commission complaint. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 18, 2024, Case #: 21-14185, Categories: Employment Discrimination, Employment Retaliation
J. Lagoa certifies an issue to the Florida Supreme Court in an appeal of the district court's decision denying the property owner's motion for attorney fees after judgment was entered in its favor in a breach of contract action arising from a property dispute with the sublessee. The district court found that a prevailing party attorney fees provision in the contract created rights and obligations only as to the original contracting parties and not as to the property owner and sublessee. A question is certified to the Florida Supreme Court as to whether a fee provision is a real covenant such that it runs with the land when an easement agreement contains a prevailing-party attorney fee provision.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 15, 2024, Case #: 22-11977, Categories: Attorney Fees, Contract
J. Hull finds that the district court properly sentenced defendant to 840 months in prison following his guilty plea to using a minor to produce child pornography and distributing and possessing child pornography. The district court correctly applied a sentencing enhancement based on images and video defendant created of the same victim, his four-year-old daughter, at around the same time. The videos showed separate instances of sexual abuse and were recorded over two days. The district court also did not commit any error in viewing defendant's active-duty military status as an aggravating rather than mitigating factor for sentencing purposes. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: April 9, 2024, Case #: 22-11153, Categories: Sentencing, Child Pornography
J. Tjoflat finds that the district court properly sentenced defendant to 94 months in prison for attempted smuggling, failure to notify a common carrier and submitting false or misleading export information. Defendant falsely declared that a shipment to Iraq containing guns was just auto parts. Defendant's convictions did not violate the double jeopardy clause because the three statutes under which he was convicted each penalize different elements. Sufficient evidence was presented to support defendant's convictions and the prosecutor's misstatements or failure to correct testimony about the caliber of the guns did not violate defendant's due process rights. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 5, 2024, Case #: 22-12852, Categories: Double Jeopardy, Smuggling, Due Process
J. Carnes finds that the district court properly denied the police officers' motion to dismiss based on qualified immunity an unlawful seizure claim raised by the individual in a civil rights action arising from her arrest after moving a barricade in a mall parking lot. The individual was trying to leave after failing to locate a protest in the wake of George Floyd's death. The officer lacked reasonable suspicion to stop the individual's vehicle. The district court improperly denied one officer's motion to dismiss the individual's claim that he violated her rights by failing to intervene in the other officer's use of excessive force. Also, the 11th Circuit lacks jurisdiction to consider the officers' challenge to the district court's decision not to incorporate some video footage of the incident into the pleadings. The challenge amounts to a claim that the district court made an incorrect evidentiary ruling. Affirmed in part.
Court: 11th Circuit, Judge: Carnes, Filed On: April 5, 2024, Case #: 22-12946, Categories: Civil Rights, Police Misconduct
J. Branch finds that the district court properly upheld the administrative law judge's denial of the individual's second claim for Social Security disability benefits. The second denial found that the individual could perform a modified form of "light work" after an earlier denial determined he could only perform "sedentary work." Any error the judge committed in finding that the individual was limited to light work was harmless. The individual failed to show that he would have a right to disability benefits even if the judge had again found that he was limited to sedentary work. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: April 4, 2024, Case #: 22-10568, Categories: Administrative Law, Social Security
Per curium, the circuit court finds that the lower court properly denied defendant's request for compassionate release due to his father's poor health and need for a caregiver. Defendant, who sexually abused his minor niece for years, failed to establish that he was eligible for relief. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-13699, Categories: Sex Offender
J. Marcus finds that the lower court properly convicted defendant of conspiracy to distribute and possession with intent to distribute heroin in violation, findings his right to a speedy trial was not violated. Affirmed.
Court: 11th Circuit, Judge: Marcus , Filed On: April 3, 2024, Case #: 22-10604, Categories: Speedy Trial
J. Lagoa finds that 11 U.S.C. § 109(a) does not apply to Chapter 15 cases and doesn't establish a prerequisite for the recognition of a foreign proceeding. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 3, 2024, Case #: 22-11024, Categories: Bankruptcy
Per curium, the circuit court finds that the lower court properly issued a second commitment order against defendant. A fourth-month limitation "did not bear on the court's authority" to issue the order. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: April 1, 2024, Case #: 23-11349, Categories: Commitment
J. Marcus finds that the lower court properly convicted defendant of carjacking resulting in serious bodily injury, brandishing and discharging a firearm in furtherance of the carjacking, and being a felon in possession of ammunition.
The lower court properly excluded a defense expert and properly admitted other evidence. Affirmed.
Court: 11th Circuit, Judge: Marcus, Filed On: March 29, 2024, Case #: 22-13590, Categories: Evidence
J. Prior finds that the lower court improperly ruled that a transgender prison sergeant's hostel work environment claim failed because the harassment he suffered was not sufficiently severe. The harassment he faced was frequent, physically threatening and humiliating.
Court: 11th Circuit, Judge: Pryor, Filed On: March 28, 2024, Case #: 22-13073, Categories: Employment Discrimination
J. Marcus denies a landlord’s petition for review of his application for a whistleblower award after he informed the Securities and Exchange Commission of his suspicions that his tenant was part of a Ponzi scheme in Ohio. The Commission did not use the information the landlord provided in any way.
Court: 11th Circuit, Judge: Marcus, Filed On: March 27, 2024, Case #: 22-14011, Categories: Securities
J. Jordan finds that the lower court properly convicted three sisters on charges arising from shooting the father of one of the sisters’ daughters, in a case arising from a custody dispute Evidence is sufficient to support the convictions. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: March 21, 2024, Case #: 22-11159, Categories: Domestic Violence
J. Grant finds that the district court properly sentenced defendant to 120 months in prison following his guilty plea to possessing a firearm in furtherance of a drug trafficking crime. The upward variance doubling the sentence recommended by the sentencing guidelines was appropriate in light of the district court's findings that defendant sold drugs which caused one person's overdose death and possessed Suboxone for distribution while in jail awaiting sentencing. The district court was entitled to infer from the warden's testimony that he could recognize the substance seized from defendant as Suboxone. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: March 20, 2024, Case #: 22-11799, Categories: Sentencing
J. Branch finds that the district court properly convicted defendant of producing child pornography. The district court did not commit any error in accepting defendant's guilty plea on a count of production of child pornography involving a victim who was not related to him without first finding that the victim volitionally participated in the sexual act. The statute did not require that the minor victim actively participate in the sexually explicit conduct. The sleeping victim was used as the object of defendant's sexual desire as he engaged in the sexually explicit conduct. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: March 19, 2024, Case #: 22-12338, Categories: Plea, Child Pornography
J. Pryor finds that the district court improperly dismissed the receiver's fraud, fraudulent transfers and negligence action against the brokerage and software companies arising from their participation in a Ponzi scheme. The district court incorrectly found that the receiver lacked standing to maintain the fraudulent transfer claims against the brokerage company. The transfers injured the corporate entities used to perpetrate the scheme. However, the receiver lacks standing to maintain common law tort claims against the companies because the receiver failed to allege that the receivership estate was separate and distinct from the Ponzi scheme perpetrators. Reversed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 19, 2024, Case #: 22-13658, Categories: Fraud
[Consolidated.] J. Newsom denies the immigrant's petition for review of the decision by the Board of Immigration Appeals dismissing the appeal of his application for adjustment of status and denying his motion for reconsideration. The board applied the correct standard in rejecting the immigrant's claim and finding that the immigrant was not entitled to discretionary relief in light of his criminal record and bad character.
Court: 11th Circuit, Judge: Newsom, Filed On: March 15, 2024, Case #: 22-11065, Categories: Immigration