U.S. Eleventh Circuit

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


11th Circuit to Drunken, Randy Player-Types: Caveat Emptor

This next question is going to smack some readers as being highly chauvinistic, but what does a rich man in a bar expect when beautiful young girl asks him to buy her a drink? This question, believe it or not, is at the heart of a recent Eleventh Circuit case that reversed several criminal convictions against some enterprising businesses in Miami.

The opinion is colorful, offering a dose of booze, Star Trek, film-noir, and theology in such an efficient bundle -- all of which help lead the court to answer the "what are you expecting" question with "not much."

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No Sex Toys in Sandy Springs Without a Bona Fide Reason

This rather unusual lawsuit out of the Eleventh Circuit is an affirmation of Sandy Springs' ban on sex devices unless needed for "bona fide" reasons. Now, how often is that going to happen? What's a "bona fide" need for sex toys?

Allstate Victorious in Unjust Enrichment Claims

The Eleventh Circuit has ruled that Allstate Insurance company is owed $663,000 in fees arising out of a multitude of false claims that were made by several Florida clinics. The circumstances of the case indicated that hundreds upon hundreds of insurance claims were completely bogus.

The defendants appealed their loss in federal court but lost again at the appellate level. Meanwhile, the doctor named in the case may want to consider retirement.

'Docs v. Glocks' in 11th Circuit: Gun Rights or Free Speech?

The Florida Firearm Owners Privacy Act, odiously nicknamed 'Docs v. Glocks,' is being debated in federal court that has physicians on one side and gun rights activists on the other. It's been five years since the Florida law passed, and all eyes are on the Federal Court in Atlanta.

Most people see this as a doctors versus gun owners issue, but many lawyers see it as a First Amendment versus Second Amendment issue. What do you think is the correct way to interpret this debate?

Greenpeace Wields RICO Claim, Gets Hit Back

When Greenpeace submitted a complaint alongside other environmental groups pushing for the investigation of BigOil and their friends, it looked as if the interest group had finally found a vulnerable point in the giant's armor. Greenpeace then used RICO to pry open an even larger vulnerability.

But RICO can giveth, and it can taketh away, as Greenpeace is now aware. The Canadian paper-pulping company Resolute Forest Products recently filed its own RICO suit in Georgia federal court, alleging that Greenpeace and its affiliates have waged a defamatory "enterprise" against the company.

11th Circuit Applies Vagueness Principles in Favor of Defendant

Here is another ruling by an appeals court that favored the petitioning defendant. In the case of In Re: Recardo Pinder, the criminal defendant appealed the heightened penal sentence and successfully showed the higher appellate court that he'd brought "a new rule of constitutional law" before the court.

It was a long shot, but it did the trick.

Are You a Creditor? Your Proof of Claim Could Violate FDCPA

Creditors should tread lightly when filing proofs of claims against a debtor -- at least under the recent ruling at the Eleventh Circuit in Johnson v. Midland. According to that federal appeals court, collectors could potentially be liable under the Fair Debt Collection Practices Act if the collector knows the debt to be time-barred.

The court's decision changes the collectors' analysis substantially from "why not?" to "that's why."

Cadillac Window Sticker Class Action Gets Nod From Court

Here's some good news for litigious Cadillac drivers. The Eleventh Circuit recently affirmed a lower court's finding that purchasers of GM's 2014 Cadillac CTS sedans could properly be certified as a class for purposes of suit.

It's a second validation for the plaintiffs, who had earlier beat opposing motions by GM in a lower federal district court. Under the Eleventh Circuit's affirmation, all Floridian's who purchased 2014 Cadillac CTS sedans could be part of the class of plaintiffs suing under Florida's Deceptive and Unfair Trade Practices Act.

Officer Jails Real Estate Agents Who Foreclosed on His House

Circuit cases don't often involve terribly outlandish scenarios. Here's an exception. In this qualified immunity case, a police officer arrested the real estate agents for the new owners of his home after they foreclosed on his house.

Based on that brief set of facts, how do you think the court ruled? You're probable right.