U.S. Eleventh Circuit

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


Scenario #1: You took a DUI defense case for a fixed fee. She's a first time offender, no record, barely over the limit, but the case is strong. It's probably going to plead out, right? This case should not take a lot of time, except someone needs to spend hours answering every single one of her questions. You know this type of client -- the freaked out emails/phone calls/texts come every hour.

Scenario #2: There are fourteen courthouses in Miami, Florida, some state, some federal. Your client has both a misdemeanor marijuana possession charge, and a child custody dispute. Somehow, he ended up at the federal courthouse. How do you get him where he needs to go?

Whether your client needs a general overview of the law, a local perspective, or simply a map to the courthouse, we're making your job easier -- starting right now.

These are my favorite kinds of opinions, the ones that base their reasoning completely on the plain text of a statute. They're the easiest to read, easiest to understand, and they always make you wonder: how did this get all the way to the appeals court?

Florida had a voter purge in 2012, first in the primary, then in the general election. The program used DMV data to compile a big list of suspected ineligible voters, which was later whittled down from around 180,000 to 198. Ultimately, approximately 85 voters were removed. For those 85 names, the Florida Division of Elections spent $92,500 in legal fees, according to the Tampa Bay Times.

Got some spare time on your hands? Or perhaps, do you have some fresh associates that could use some "real world" practice beyond what they get from reviewing your work?

The U.S. District Court for the Southern District of Florida is seeking a few good men and women to represent the indigent. And though the Volunteer Lawyers Program (VLP) has been shuttered, that doesn't mean the court has given up.

On the contrary, Chief Judge Federico A. Moreno just sent out a memo [PDF] describing the new Pro Bono Panel project, urging members of the local legal community to get involved.

Two cases. Both involve abortion protests. Both have time/place/manner restrictions via a buffer zone, keeping protestors away from their intended location. One law, content-neutral, survives. The other? We'll see.

Therein lies the lesson, municipalities -- mask your ordinances in content-neutral draperies, and they're far more likely to survive.

11th Cir. Is Super Busy, Super Quick: Judiciary Report

The Eleventh Circuit is one of the busiest and quickest federal appeals courts in the nation, according to a recently released "Judicial Caseload Profile" of the court released by the judiciary.

The report presents statistics on the work of the Federal Judiciary for the fiscal year ending September 30, 2013, comparing data for this year to data for prior years.

Gay marriage advocates aren't skipping a beat in the Eleventh Circuit, as the ACLU has filed suit on behalf of eight gay couples challenging Florida's refusal to acknowledge out-of-state gay marriages.

According to a press release, the American Civil Liberties Union (ACLU) filed suit on Thursday, naming Florida Gov. Rick Scott and Attorney General Pam Bondi as defendants in seeking to have the Sunshine State recognize legal same-sex marriages performed in other states.

Will this gay marriage challenge be much different than those in other circuits?

Are Security Screenings Compensable Under the FLSA?

The U.S. Supreme Court has granted a petition to review whether workers at a Nevada warehouse may be entitled to compensation under the Fair Labor Standards Act for time spent going through security screenings while off the clock.

Though the case stems from the Ninth Circuit, the High Court's decision could impact the Eleventh Circuit, especially since the two circuits' rulings conflict with each other.

The Court recently denied pay for changing clothes before work. Is there a difference between pre-shift safety gear and post-shift security checks?

Mellissa Simpson started at $8.50 per hour in 2008. When she quit in 2010, she was making $11.40.

Sabrina Roberts made $8.50 to start in 2009, and $11.55 when she left in 2010.

Were these unskilled poultry handlers underpaid? Better yet, were they underpaid because their wages were artificially suppressed by the alleged hiring of a pool of undocumented immigrant workers?

This was the crux of their class action civil RICO argument, one that just got Twombley'd in the Eleventh Circuit.

The seat was Judge William Thomas's, until it wasn't. He was approved by both Florida senators, vetted, and appeared set for the nomination to replace now-Eleventh Circuit Court of Appeals Judge Adalberto Jordan. Sen. Marco Rubio (R-FL) had a change of heart and blue-slip blocked the nomination, allegedly due to Judge Thomas's "judicial temperament" and doubt about his ability to hand out fair sentences.

Many believe the move was political, and due to Judge Thomas's sexual orientation.

There won't be a change of heart, it seems, as the district court seat is now set to be filled by Judge Robin Rosenberg (not to be confused with Judge Robin Rosenbaum, who was recently nominated to the Eleventh Circuit Court of Appeals bench after a few years with the district court). She comes to the federal court from the state court bench.

Three restaurant robberies. Two bullets fired at each. One surviving victim.

Anthony Ray Hinton was the triggerman ... maybe.

According to the original appellate case opinion, the surviving witness, as well as others, identified Hinton as the perpetrator of the third robbery. (He was neither indicted nor convicted for the robbery, but was convicted and sent to death row over the two prior murders.) Then again, his boss and other witnesses claim that he was working in a locked, secured warehouse at the time of the robbery.