7 results for 'judge:"Marcus"'.
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. 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. 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. 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
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J. Marcus finds that the district court properly refused to vacate two arbitration awards entered against the consortium of companies for more than $265 million in an arbitration arising out of its construction work on the Panama Canal. The consortium failed to show that the arbitrators were biased just because some of them knew each other and had worked with each other or the other company's attorneys elsewhere. Although it would have been prudent for two arbitrators to give broader disclosures, there was no reason to believe they violated the rules of arbitration of the International Chamber of Commerce. The district court correctly granted the cross-motion to confirm the awards. Affirmed.
Court: 11th Circuit, Judge: Marcus, Filed On: August 18, 2023, Case #: 21-14408, Categories: Arbitration
J. Marcus finds that a panel of the 11th Circuit vacates its previous opinion in the case in light of the U.S. Supreme Court's decision in Dupree v. Younger and substitutes the instant opinion, which again finds that the district court properly denied the primary insurer's motions for summary judgment or judgment as a matter of law in a bad faith action brought by the subcontractor's insurer. The action arose after the subcontractor's insurer and a third insurance company paid to settle an individual's claim for paralyzing injuries he suffered while working for the subcontractor. There was sufficient evidence to allow a reasonable jury to find that the primary insurer acted in bad faith by delaying its investigation and initiation of settlement negotiations related to the individual's claim. There was also evidence that the primary insurer's bad faith caused the subcontractor's insurer to pay its policy. Affirmed.
Court: 11th Circuit, Judge: Marcus, Filed On: June 20, 2023, Case #: 21-13496, Categories: Insurance