U.S. Eleventh Circuit

U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

Surcharge for Swiping Credit Cards Violates Free Speech, 11th Rules

It's only been little more than a month since the Second Circuit decided the New York case of Expression Hair Design v. Schneiderman, ruling that the state's no-surcharge law is lawful. Serendipitously, the Eleventh Circuit ruled this week that no-surcharge laws violate the First Amendment's guarantee of free speech.

The Eleventh Circuit ruled that the state's applicable statute, which bans retailers from charging a surcharge to customers who elect to use their credit cards is nonsense when taken in conjunction with the state's express allowance of offering a discount for cash.The court said it may have the look of regulating conduct, but in reality, it regulates speech.

Refusal to Quash Subpoenas Ruled 'Abuse of Discretion' by 11th Circ.

In a case that is somewhat reminiscent of Citizens United, which revolves around the amorphous notion what constitutes valid speech, the 11th Circuit just ruled that a lower court abused its discretion when it did not quash subpoena's against state officials and granted them the benefit of doubt of privilege.

The subpoenas were directed at lawmakers; they alleged that the Act violated the First Amendment rights of the Alabama Education Association (AEA) because of alleged bad faith.

A lifetime ban on Internet and pornography is not unreasonable punishment for a man caught sharing child pornography, the Eleventh Circuit ruled on Wednesday. In 2013, Glen Sterling Carpenter was caught downloading and possessing child pornography. He was sentenced to eight years in prison and a lifetime of supervised release.

That release included two special conditions: Carpenter may never again possess a device capable of connecting to the Internet and he many never posses any sexually explicit material whatsoever. On appeal, the Eleventh Circuit upheld his punishment, finding nothing unreasonable about it.

Georgia executed death row inmate Kelly Gissendaner Wednesday morning, having defeated an 11th hour legal appeal that sought to spare her life. Gissendaner, who was sentenced to death for conspiring with her boyfriend to kill her husband, became Georgia's first female prisoner to be executed in 70 years.

Advocates, including Pope Francis, had argued for clemency. The Pontifex Maximus wrote a letter urging Georgia to commute her sentence and her children attended a parole board hearing to argue on her behalf, missing her execution in the process. Despite that advocacy, Gissendaner was executed soon after a last minute 1983 complaint was rejected by the Eleventh Circuit last night.

The Second Circuit broke ground in July, creating a new standard for determining when interns are actually employees entitled to the benefits of employment, like a minimum wage. In that case, the Second Circuit rejected the six part test put forward by the Department of Labor in favor of a "primary beneficiary test" where employment status is determined by whether the intern or employer is the primary beneficiary.

Now, the Eleventh Circuit has adopted the same standard the Second Circuit announced in Glatt v. Fox Searchlight Pictures. The Eleventh also offered important insight into how lower courts should apply the factors established in Glatt.

Last February, Ashley Diamond sued the Georgia Department of Corrections in federal court. A transgender woman, Diamond was housed in a men's prison, denied medical treatment, and repeatedly sexually assaulted, she alleged -- all while the state refused to take corrective action.

This Monday, she was unexpectedly granted parole. Her release comes months before her case was scheduled for review and less than three years into her 11 year sentence. Diamond's suit  shed light on the frequent neglect and abuse transgender inmates face and it quickly became a "thorn in the side of the Georgia Department of Corrections," according to The New York Times.

A Florida law that prevents doctors from asking patients about guns in their home will soon go into effect, the Associated Press reports. The Eleventh Circuit vacated an injunction against the law last week, allowing the so-called "Docs v. Glocks" law to go ahead.

The Florida legislation, officially titled the "Firearm Owners Privacy Act," prohibits doctors from talking with their patients about guns in their homes when irrelevant to medical care. Last year, the Eleventh ruled that the Act doesn't violate doctors' rights to communicate with their patients, it "simply acknowledges that the practice of good medicine does not require interrogation about irrelevant, private matters."

Alabama can't ban consumer protection class actions, the Eleventh Circuit ruled yesterday. The state's consumer protection law prohibits deceptive practices, but doesn't allow wronged consumers to bring class actions. That put it in conflict with the Federal Rules of Civil Procedure which, at least in federal court, allow class action suits.

Applying highly fractured Supreme Court precedent, the Eleventh Ruled that the federal rules trump the state law. The ruling allows plaintiffs to continue to pursue their class action, in federal court, against wood manufacturers who allegedly failed to properly treat their wood.

Two Florida companies obtained a judgment of $50 million against the Dominican Republic. This was entered as a default judgment because the country failed to respond to the lawsuit. In its appeal before the Eleventh Circuit, the Dominican Republic claimed excusable neglect for failing to respond to the lawsuit.

Apparently, a low-level employee had acted on the country's behalf in deciding not to participate in the legal action. That clerical error almost cost the government $50 million. Fortunately for the Dominican Republic, they were able to raise convincing arguments on appeal before the 11th Circuit.

If you want to bring a loaded gun with you to a federal dam or reservoir, expect to be turned away. Except for hunting and target range purposes, the U.S. Army Corps of Engineers, which controls most federal water resource development projects, doesn't allow for loaded firearms on Corps lands. Explosives are banned too. Save those for the National Parks.

For Second Amendment advocates in the Eleventh Circuit, that restriction "completely destroys" their right to bear arms. The Eleventh Circuit, however, disagrees, taking a more nuanced look at the regulation's impact on Second Amendment rights.