261 results for 'court:"11th Circuit"'.
J. Newsom vacates the prior panel opinion issued in the case and substitutes the instant opinion finding that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by a mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 27, 2023, Case #: 22-11141, Categories: Malicious Prosecution, Immunity
J. Pryor finds that the district court properly ruled in favor of the employer in a race discrimination and retaliation action brought by the former employee. The employee, a Black woman, made several complaints in the months before her termination alleging that she was the target of racial discrimination. The employee failed to create a genuine issue of fact as to whether the employer's reason for firing her based on her bullying and unprofessional behavior was pretextual. The circumstantial evidence presented by the employee does not create a reasonable inference of intentional retaliation against her. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 27, 2023, Case #: 22-11129, Categories: Employment Discrimination, Employment Retaliation
J. Pryor finds that the district court properly approved a settlement agreement in favor of the subscribers in a multi-district antitrust class action against the insurer and its member plans. The subscribers alleged that the insurer unfairly restricted the member plans' ability to compete. The district court correctly overruled objections raised by five objectors, including Home Depot, and did not abuse its discretion by approving a provision in the settlement releasing claims arising from the factual predicates of the subscriber action. The release is limited, does not affect public enforcement of antitrust laws and does not perpetuate clearly illegal conduct. The district court applied the correct scrutiny to the settlement allocation and did not abuse its discretion in approving a shorter damages period for self-funded claimants. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 25, 2023, Case #: 22-13051, Categories: Antitrust, Settlements
J. Newsom finds that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by the mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 25, 2023, Case #: 22-11141, Categories: Malicious Prosecution, Immunity
J. Luck finds that the district court properly ruled in favor of the driver's employer in a negligence action brought by the estates of four individuals who died in a car collision. A jury awarded the estates $12 million in damages. The district court correctly dismissed the driver from the action and the judgment entered against the employer was final because it resolved all claims against all remaining parties. The employer was not entitled to judgment as a matter of law on the estates' negligent entrustment claim because there was evidence the employer knew the truck had a dangerous condition yet still allowed the driver to use it. Affirmed.
Court: 11th Circuit, Judge: Luck, Filed On: October 25, 2023, Case #: 21-14132, Categories: Negligence
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J. Brasher finds that the district court properly ruled in favor of the government in an action brought by the individual challenging fees assessed against him by the IRS for failure to file tax returns and seeking a refund of the penalties. The individual's reliance on his CPA to e-file his returns does not constitute reasonable cause for failure to file the returns on time. The bright line rule established by the U.S. Supreme Court in United States v. Boyle applies. The individual had a duty to supervise the CPA's tax preparation and to ensure that his tax returns were submitted. E-filing did not alter or affect his obligation to file the returns. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: October 24, 2023, Case #: 22-10793, Categories: Tax
[Consolidated.] J. Lagoa vacates the panel's prior opinion and substitutes the instant opinion finding that the 11th Circuit lacks jurisdiction to consider the insurer's appeal of the district court's order compelling appraisal and staying a breach of contract action brought by the insured. The action arose out of the insurer's denial of coverage for claims filed by the insured for property damages caused by Hurricane Irma. The order compelling appraisal and staying the proceedings is an interlocutory order that is not immediately appealable, therefore the appeal is dismissed.
Court: 11th Circuit, Judge: Lagoa, Filed On: October 20, 2023, Case #: 22-11059, Categories: Insurance, Contract
J. Wilson vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly ruled the police officers were entitled to qualified immunity from a mechanic’s false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The mechanic was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the mechanic was using intimidation or physical force to intentionally obstruct the officer’s investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: October 20, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct
J. Marcus finds that the 11th Circuit lacks jurisdiction to consider whether the district court properly ruled in favor of the employer and the company on claims brought by the former employee alleging violations of the Florida Public Whistleblower Act, the False Claims Act and the Florida Private Whistleblower Act. The district court refused to find in favor of the employer and company on a claim for tortious interference with business relations. The ex-employee alleged that she was fired for reporting to the employer and company that the company's prison pharmacies were incorrectly logging a drug used to treat Hepatitis C as a narcotic. The district court's order did not dispose of all of the ex-employee's claims against the company. The tortious interference claim remains open and overlaps with the dismissed counts, therefore there is no final judgment for the 11th Circuit to review with respect to the company.
Court: 11th Circuit, Judge: Marcus, Filed On: October 17, 2023, Case #: 21-14214, Categories: Jurisdiction, Whistleblowers, Employment Retaliation
J. Marcus finds that the district court improperly granted the company's request for a temporary restraining order barring the individual, his conservator and the conservator's law firm from transferring or encumbering money up to the amount owed to the company under international arbitral awards. The awards arose out of a loan dispute. The temporary restraining order was actually a preliminary injunction and the district court was barred from entering it under the doctrine of prior exclusive jurisdiction. The conservatorship predated the district court action, therefore the rule barred the district court from entering an order asserting jurisdiction over conservatorship assets which were under the exclusive control of the Denver probate court. The 11th Circuit lacks jurisdiction to review the district court's partial denial of the conservator's motion to dismiss the company's action seeking to confirm the awards. Vacated.
Court: 11th Circuit, Judge: Marcus, Filed On: October 16, 2023, Case #: 22-11520, Categories: Arbitration, Civil Procedure
J. Branch denies the individuals' petition for review of the decision by the Federal Aviation Administration greenlighting projects to expand Lakeland Linder International Airport to accommodate a deal leasing an air cargo area to Amazon. The individuals alleged that the FAA violated the National Environmental Policy Act during the approval process by improperly segmenting the projects and conducting inadequate cumulative impacts analyses. The FAA satisfied the Act's requirements and its analysis was rigorous. The individuals failed to show that the FAA broke the projects up to avoid a more difficult environmental review.
Court: 11th Circuit, Judge: Branch, Filed On: October 12, 2023, Case #: 21-14476, Categories: Environment, Aviation
J. Brasher finds that the district court properly ruled in favor of the city on the former employee's civil rights and disability discrimination action arising from the termination of her healthcare retirement benefits under the city's new benefits plan. A former employee who does not hold or desire to hold an employment position cannot sue under Title I of the ADA to remedy discrimination in the provision of post-employment fringe benefits. The employee cannot show that the city committed any discriminatory acts against her while she could still perform the essential functions of a job she still wanted to hold. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: October 11, 2023, Case #: 22-10002, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Grimberg finds that the district court improperly ruled in favor of the prison doctors in a civil rights action brought by the inmate alleging that they were deliberately indifferent to his serious medical needs. The inmate was diagnosed with Hepatitis C in 2009 but did not receive medication until nine years later, when the illness had already progressed to liver cirrhosis. Genuine issues of fact exist as to the doctors' actions and inactions in treating the inmate. There is evidence showing that one doctor's prescription of treatment was valid and medically necessary but that treatment was delayed by another doctor for reasons which are in dispute. The trial court correctly denied the inmate's motion to amend his complaint. Reversed in part.
Court: 11th Circuit, Judge: Grimberg, Filed On: October 11, 2023, Case #: 20-10150, Categories: Civil Rights, Prisoners' Rights
J. Newsom finds that the district court improperly convicted defendant of violating a statute criminalizing the filing of false retaliatory liens against federal officials. Defendant filed 16 liens against property owned by people he felt had wronged him, including four liens against a former Commissioner of the IRS and a former Secretary of the Treasury, filed when they were already retired from government service. Former civil servants do not count as officers or employees of the United States under the meaning of the statute. The case is remanded for resentencing. Vacated.
Court: 11th Circuit, Judge: Newsom, Filed On: October 11, 2023, Case #: 20-10545, Categories: Sentencing, Tort
J. Hull finds that the district court properly denied defendant's motion to dismiss his indictment for charges related to possession of child porn. Defendant later entered a conditional guilty plea. Defendant was arrested in March 2020 but was not formally indicted by a grand jury until December 2020 due to delays caused by the Covid-19 pandemic. The five pandemic-related continuances were not an abuse of discretion and were within the ends-of-justice exception to the Speedy Trial Act. Administrative orders did not preclude magistrate judges from granting ends-of-justice continuances due to difficulties presented by the pandemic. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: October 10, 2023, Case #: 22-11731, Categories: Speedy Trial, Child Pornography
J. Pryor finds that the district court properly ruled partially in favor of the customer in an action against the restaurant's insurer for breach of contract and equitable reformation of a policy after the restaurant settled the customer's lawsuit for injuries sustained when hot soup spilled on her. The customer correctly sought reformation of the policy, which insured a fictional entity rather than the owner of the business, because it was the one in force when the injury occurred. The evidence shows that the restaurant owners intended to insure the owner of the restaurant. Reformation of the policy does not prejudice the insurer. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 6, 2023, Case #: 22-13738, Categories: Insurance, Contract
J. Pryor finds that the district court improperly ruled in favor of the food company on one of the railroad company's breach of contract claims and correctly dismissed another of the breach of contract claims. The district court incorrectly found that the parties' agreement with respect to a sidetrack connecting a rail line with a cereal plant required the food company to indemnify the railroad company if the railroad company was solely negligent. The railroad company sought indemnifcation for a $16 million settlement awarded to the food company's employee in an underlying negligence action arising from injuries he suffered while working on the sidetrack. The food company does not have to indemnify unless it was at least partially liable for the employee's accident. The doctrine of vouchment does not block the railroad company from introducing evidence of the food company's fault. Reversed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: October 5, 2023, Case #: 22-10922, Categories: Indemnification, Contract
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the employer in a race discrimination and retaliation action brought by the employee after her termination. The employee, a Black woman, failed to present sufficient evidence to show that the unit where she worked was permeated with discriminatory ridicule or intimidation to such a degree that it would have created an abusive work environment. Comments made by the employee's co-workers calling former President Obama a "piece of shit" and comparing former First Lady Michelle Obama to a monkey did not amount to extreme harassment. The employee failed to show that the employer had retaliatory intent behind its decisions to suspend her, test her for drugs or fire her. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 21-10017, Categories: Employment Discrimination, Employment Retaliation
J. Wilson finds that the district court properly rejected conspiracy and breach of contract claims brought by the superintendent in a wrongful termination and civil rights action against the city board of education and board members. The superintendent failed to sufficiently allege a conspiracy and failed to plead an exception to sovereign immunity with respect to the contract claims. However, the district court improperly dismissed the superintendent's due process claim. The district court incorrectly interpreted ambiguities in the minutes of the meeting where board members voted to terminate the superintendent's contract and failed to draw reasonable inferences in her favor. Reversed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 4, 2023, Case #: 22-10858, Categories: Employment, Due Process, Contract
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the employer in a race discrimination, hostile work environment and retaliation action brought by the employee, a Black woman. A comment made by the employee's supervisor claiming that "Blacks are lazy" does not constitute direct evidence of racial discrimination. The supervisor was not the driving force behind the employee's discipline and termination. The employee failed to create a genuine factual dispute as to whether alleged events of discrimination were caused by her race. Events that allegedly occurred in the workplace were not sufficiently severe or pervasive to create an abusive working environment. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 21-11016, Categories: Employment Discrimination, Employment Retaliation
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: Murder, Probation, Sentencing
J. Jordan finds defendant's petition for review of a Board of Immigration Appeals decision calling for his removal as an aggravated felon must be partially granted. The petition fails in one respect because, despite his arguments, defendant's Massachusetts conviction for armed robbery constitutes both a "theft offense" and an aggravated felony under federal statutes, but his petition is granted in the sense that both parties agree the case needs to be remanded to the BIA to consider withholding removal, though it is determined defendant, a citizen of Sierra Leone, is ineligible for asylum.
Court: 11th Circuit, Judge: Jordan, Filed On: October 2, 2023, Case #: 21-12743, Categories: Immigration, Robbery
J. Tjoflat finds the trial court erred by denying the police officer's motion to dismiss Fourth Amendment claims from a citizen who was arrested for resisting after he refused to identify himself to the officer when the car in which he was a passenger was pulled over because a trailer it was hauling had an obscured tag. Given the tilt of U.S. Supreme Court precedent balancing officer safety and investigative authority with intrusions on drivers’ and passengers’ personal liberty, as well as the scope of the Fourth Amendment, the officer was entitled to qualified immunity and dismissal of the citizen's claims, as the citizen had no established right to refuse to show his ID even though there was a lack of reasonable suspicion he had committed a crime. Reversed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: October 2, 2023, Case #: 20-10670, Categories: Constitution, Police Misconduct
J. Wilson finds the district partially court erred in its summary judgment decision on remanded claims in a property dispute between the city and a Buddhist religious organization seeking to re-zone its property away from residential use to operate a meditation center. The district court should not have granted summary judgment to either party on the organization's claim under the Religious Land Use and Institutionalized Persons Act, as there are too many disputed facts remaining with the organization's substantial burden claim under the Act, so that portion of the district court's order in favor of the city is vacated. The district court properly granted summary judgment to the city on the organization's First Amendment free exercise claim because the city's zoning review process is neutral and generally applicable, so that is upheld, but the summary judgment order for the city on the organization's claim under the Alabama Constitution's Religious Freedom Amendment is overturned because the city has proven no compelling government interest to deny the organization's re-zoning application. Affirmed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 2, 2023, Case #: 22-11674, Categories: Property, Zoning, First Amendment
J. Rosenbaum finds that the district court improperly found defendant in criminal contempt of an injunction barring a company's employees from distributing certain stun guns and cartridges that infringed on a competitor's intellectual property. Defendant was not a party to the injunction because she was not an employee of the company when it distributed items which were enjoined by the injunction. Defendant also did not aid or abet a named enjoined party because the company no longer existed at the time of her actions. Vacated.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: September 28, 2023, Case #: 22-10949, Categories: Contempt
J. Wilson finds that the district court improperly ruled the police officers were entitled to qualified immunity from the individual's false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The individual was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the individual was using intimidation or physical force to intentionally obstruct the officer's investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 26, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct
J. Wilson denies the employee's petition for review of the administrative review board's decision upholding the administrative law judge's ruling in favor of the employer on the employee's OSHA complaint. The employee alleged that the employer violated the Sarbanes-Oxley Act by firing him for reporting inaccuracies in sales data which he believed violated SEC regulations. The review board correctly found that there was no genuine issue of fact as to whether the employee engaged in protected whistleblower activity. The employee failed to present sufficient evidence to support an inference that a reasonable person in his position would have believed the employer's conduct violated the Act.
Court: 11th Circuit, Judge: Wilson, Filed On: September 25, 2023, Case #: 20-14214, Categories: Employment, Whistleblowers
Per curiam, the 11th Circuit finds that the district court properly upheld the Social Security Administration's denial of the individual's claim for disability insurance benefits and supplemental security income. The administrative law judge's earlier decision finding that the individual was not disabled was vacated by the appeals council and the judge was free to reconsider the individual's residual functional capacity on remand. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 22-12886, Categories: Social Security