256 results for 'court:"11th Circuit"'.
[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
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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
[Consolidated.] J. Pryor finds that the district court properly denied defendants' motions for a new trial after they were convicted of offenses including health care fraud, money laundering and paying kickbacks for operating fraudulent drug rehabilitation clinics. The district court correctly denied defendants' motion to compel discovery of confidential treatment records pertaining to treatment their patients received at other addiction clinics. Defendants cannot show that the records contain impeachment information. Expert testimony from a doctor and lay summary testimony from a certified fraud examiner was properly admitted. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 14, 2024, Case #: 22-10978, Categories: Fraud, Money Laundering
J. Pryor finds that the bankruptcy court properly ruled in favor of the debtor in his Chapter 7 bankruptcy petition claiming that a retirement account was exempt property of his bankruptcy estate. The creditors sought to garnish funds in the retirement account to satisfy a $1.6 million default judgment entered against the debtor in an action for damages arising from a failed condominium development. The state court's judgment authorizing the bank to remit certain funds to the state court clerk gave it only a limited right to transfer the debtor's funds and did not extinguish the debtor's interest in the funds in the account. The bank failed to exercise its right before the debtor filed for bankruptcy. The lower court's judgment also did not create a right to setoff in favor of the bank. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 14, 2024, Case #: 22-14113, Categories: Bankruptcy
J. Branch finds that the district court properly denied the individual's motion to set aside the default judgment entered against him in the couple's action arising from alleged misconduct in real estate investment transactions. The district court correctly found that the individual's default was willful and that he repeatedly ignored documents mail to him, including the complaint, written discovery requests and a subpoena for document production. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: March 13, 2024, Case #: 22-13303, Categories: Civil Procedure
J. Pryor finds that the district court properly granted the motion by the Secretary of Veterans Affairs to dismiss the nonprofit's injunctive relief action arising after the department notified it that activities and payments under five grants would be terminated or withheld due to potential fiscal mismanagement. The department later withdrew the notices, rendering the notices non-final and the case moot. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 13, 2024, Case #: 22-14057, Categories: Jurisdiction, Injunction
J. Pryor finds that the district court properly dismissed the volunteer golf attendants’ putative class action against the county alleging that the county’s use of their services at a county-owned golf club violated the minimum wage and anti-retaliation provisions of the Fair Labor Standards Act and the Florida Minimum Wage Act. The district court correctly found that the attendants were public agency volunteers, not employees. The attendants received reasonable benefits for their services in the form of discounted rounds of golf and were not promised any compensation. The attendants did not have an objectively reasonable expectation of compensation. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 12, 2024, Case #: 23-11065, Categories: Class Action, Labor
J. Brasher finds that the district court improperly ruled in favor of the detective in a civil rights and malicious prosecution action brought by a citizen arrested by a detective for the murders of the man’s mother and stepfather. The individual spent a year in jail until the charges were dropped and another person was charged with the offenses. The detective omitted the full timeline of events from the arrest warrant affidavit, including the fact that the mother and stepfather were not killed until at least seven hours after the individual was last inside the house. A corrected version of the affidavit would not have established arguable probable cause for the individual’s arrest. A reasonable jury could find that the detective intentionally or recklessly left information out of the affidavit that exonerated the individual. Reversed.
Court: 11th Circuit, Judge: Brasher, Filed On: March 11, 2024, Case #: 22-13258, Categories: Civil Rights, Malicious Prosecution
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the employer in an action brought by the former employee. The employee claimed the employer violated the Equal Pay Act and Title VII of the Civil Rights Act by giving her a less favorable bonus compensation structure than a male colleague. The district court correctly found that the employer showed the pay disparity was based on factors other than sex, like the male employee's greater experience and qualifications. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 22-11381, Categories: Employment Discrimination
J. Branch finds that the 11th Circuit lacks jurisdiction over an appeal of the district court's entry of final judgment in favor of the insurer in a declaratory judgment action against the subcontractor's insurer arising from a coverage dispute. The final judgment did not dispose of all claims against all parties.
Court: 11th Circuit, Judge: Branch, Filed On: March 7, 2024, Case #: 22-14136, Categories: Insurance
J. Carnes substitutes the previous panel opinion in the case with the instant opinion partially denying and partially dismissing the Jamaican immigrant's petition for review of the Board of Immigration Appeals' decision dismissing his appeal from an immigration judge's removal order. The board correctly found that the immigrant is an aggravated felon and is therefore ineligible for cancellation of removal or asylum based on his Georgia family violence battery conviction. The order modifying the immigrant's sentence from his original 12-month probation sentence to a sentence of 11 months and 27 days did not change his term of imprisonment under federal immigration law. The sentence modification order was issued after defendant completed his sentence and only for the purpose of preventing removal.
Court: 11th Circuit, Judge: Carnes, Filed On: March 6, 2024, Case #: 19-15077, Categories: Immigration
J. Pryor finds that the district court properly denied defendant's motion to dismiss the 73-count indictment charging him with unlawful drug dispensing and refusing an inspection of his pharmacy. Defendant, who filled fraudulent opioid prescriptions, was convicted of all but two counts and sentenced to 188 months in prison. The superseding indictment alleged sufficient facts to put defendant on notice of the charges against him. The district court correctly imposed a $200,000 fine and did not commit any error by admitting evidence that defendant's pharmacy came up in other investigations or in excluding an officer's testimony. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 6, 2024, Case #: 22-12044, Categories: Drug Offender