U.S. Eleventh Circuit

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


'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.

Rooker-Feldman Strikes Again for a Florida Bar Applicant

A Florida Bar applicant's petition to have the state's Supreme Court superseded by the Eleventh Circuit failed a couple of days ago. The Eleventh Circuit declared that it had no authority to compel Florida's Supreme Court to do anything.

This is another bar applicant incident that has implicated the Rooker-Feldman doctrine.

11th Cir. Affirms Convictions Against 'Kingdom of Heaven' Tax Cheat

The Eleventh Circuit affirmed a lower federal district's conviction of Ronald Francis Croteau who was convicted of several tax crimes in 2015. It seems to be the end of the line as far as appeals go for the self-proclaimed "Ambassador to the Kingdom of Heaven."

Croteau plied his magic touch to filing ten fraudulent tax returns between 2008 and 2010 -- with claimed refunds totaling more than $3.8 million.

Wife's Consent to Search Computer for Child Porn OK, 11th Cir. Rules

The Florida man who was sentenced to eight years for knowingly accessing a computer with intent to view child pornography got no relief from the Eleventh Circuit, which recently affirmed the lower court's decision.

The decision expands current law as to who may consent to give access to your materials in the face of a warrantless search.

The Eleventh Circuit recently upheld the conviction of "an international sex trafficker named 'Drac' (short for Dracula) who sometimes dressed up as a vampire, complete with yellow contact lenses and gold-plated fangs." Drac, also known as Damion St. Patrick Baston, a Jamaican pimp with a theatrical side, was convicted for sex trafficking across the globe, from Florida, to Australia, to the United Arab Emirates. Baston's criminal inspiration wasn't limited to Nosferatu, either. Baston taught himself to pimp by studying Pimpology, a how-to by "Pimpin' Ken."

Let's sink our teeth into this surprisingly true story, shall we?