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

June 2009 Archives

Zhang v. Holder, No. 08-15245

Petitioner's petition for review of the BIA's denial of her motion to reopen her removal proceedings is granted, where Petitioner was exempt from the 90-day filing deadline for moving to reopen because she presented sufficient evidence of changed country conditions.

Read Zhang v. Holder, No. 08-15245

Appellate Information

Filed June 30, 2009

Judges

Per Curiam

Carmichael v. Kellogg, Brown & Root Serv., Inc., No. 08-14487

In a negligence suit arising out of an accident in which Plaintiff's husband was injured while serving in Iraq, the dismissal of the complaint is affirmed where the political question doctrine barred the suit because adjudicating Plaintiff's claims would require extensive reexamination and second-guessing of many sensitive judgments surrounding the conduct of a military convoy in war time.

Read Carmichael v. Kellogg, Brown & Root Serv., Inc., No. 08-14487

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Marcus

Smith v. Sec'y, Dept. of Corr., No. 07-14173

In a capital habeas matter, the denial of Petitioner's petition is affirmed in part, where there was no possibility of prejudice due to the prosecutor's alleged misconduct in a prior trial because a new trial was conducted; but reversed in part, where the prosecution did not disclose in the later trial that a witness told the prosecutor that in exchange for testifying again, he wanted help with charges he faced.

Read Smith v. Sec'y, Dept. of Corr., No. 07-14173

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Carnes

US v. Gari, No. 08-10014

Defendants' alien smuggling convictions are affirmed in part, where the I-213 forms admitted by the District Court did not contain statements harmful to the defense; but reversed in part, where the evidence at trial did not establish that Defendants lacked prior authorization to enter the United States.

Read US v. Gari, No. 08-10014

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Cox

US v. Tagg, No. 08-16860

Defendant's firearm possession conviction is affirmed where there was sufficient evidence to allow a reasonable jury to conclude that Defendant intentionally facilitated his co-conspirators' unlawful possession of pipe bombs.

Read US v. Tagg, No. 08-16860

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Fay

Thomas v. US, No. 06-15651

In a drug prosecution, the dismissal of Petitioner's habeas petition is reversed, where the law of the case doctrine did not operate to bar, by necessary implication, the claims of ineffective assistance that Petitioner sought to raise.

Read Thomas v. US, No. 06-15651

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Wilson

Burger King Corp. v. E-Z Eating, 41 Corp., No. 08-15078

In an action claiming that Defendant fast food franchisor violated an implied covenant of good faith and fair dealing in failing to grant Plaintiffs an exception to a system-wide "value menu" program, summary judgment for Defendant is affirmed where Plaintiffs failed to properly request an exception.

Read Burger King Corp. v. E-Z Eating, 41 Corp., No. 08-15078

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Fay

US v. Flores, No. 08-10775

Defendants' RICO convictions and sentences are affirmed where: 1) the District Court did not err in dismissing a juror for cause, because the court was not required to inquire further into the juror's alleged medical condition; and 2) there is no evidence that another dismissed juror's statements prejudiced the venire.

Read US v. Flores, No. 08-10775

Appellate Information

Filed June 29, 2009

Judges

Per Curiam

Doorbal v. Dept. of Corr., No. 08-15869

In a capital habeas matter, the denial of Petitioner's petition is affirmed where Petitioner's claim of ineffective assistance of counsel was barred from federal review because the state supreme court had applied a state rule of procedure to refuse to adjudicate his claim on collateral review.

Read Doorbal v. Dept. of Corr., No. 08-15869

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Pryor

US v. Barner, No. 08-10080

Defendant's drug possession conviction is affirmed where the police were not required to supply Defendant in the course of his interrogation with a flow of information to help him calibrate his self-interest in deciding whether to speak. Sentence is reversed where, because the District Judge chose to sentence within the Guidelines, an error in the calculation could not be harmless.

Read US v. Barner, No. 08-10080

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Korman

US v. Wilk, No. 07-14176

Defendant's murder conviction is affirmed where: 1) evidence regarding whether the arresting officers used proper police procedures in entering Defendant's home was irrelevant to his claim that the killing was in self-defense; and 2) any possible error in the District Court's instructions was harmless in light of the overwhelming evidence against Defendant.

Read US v. Wilk, No. 07-14176

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Wilson

In a First Amendment challenge to a state statute banning the solicitation of voters within 100 feet of the entrance to any polling place, the District Court's injunction against enforcement of the statute is reversed, where the state had a compelling interest in prohibiting the intimidation and confusion of the electorate.

Read Citizens for Police Accountability Pol. Comm. v. Browning, No. 08-15115

Appellate Information

Filed June 25, 2009

Judges

Per Curiam

Mehmeti v. USAG, No. 08-15865

Petitioner's petition for review of the BIA's denial of his application for asylum is denied where substantial evidence supported the BIA's determination that changed country conditions in Albania negated the presumption that Petitioner had a well-founded fear of persecution in Albania.

Read Mehmeti v. USAG, No. 08-15865

Appellate Information

Filed June 25, 2009

Judges

Per Curiam.

Toffoloni v. LFP Publishing Group, LLC, No. 08-16148

In an action for publishing nude photos of Plaintiff's decedent in violation of her right of publicity, the dismissal of the complaint is reversed where the photos did not fall under Georgia's newsworthiness exception to the right of publicity.

Read Toffoloni v. LFP Publishing Group, LLC, No. 08-16148

Appellate Information

Filed June 25, 2009

Judges

Per Curiam

Brinson v. Raytheon Co., No. 08-12308

In a tort action arising out of the death of an Air Force reservist in an airplane crash, summary judgment for Defendant is affirmed, where Defendant was shielded from state law tort liability by the military contractor defense, and could rely on post-design, post-production evidence in proving that defense.

Read Brinson v. Raytheon Co., No. 08-12308

Appellate Information

Filed June 24, 2009

Judges

Opinion by Judge Anderson

In an action seeking a declaration that Defendant-Insurer's policy obligated it to defend certain real estate fraud claims in state court, summary judgment for Plaintiff is reversed, where none of the losses alleged in the underlying lawsuit were covered by the unambiguous terms of the policy.

Read St. Paul Fire & Marine Ins. Co. v. ERA Oxford Realty Co. Greystone, LLC, No. 08-13374

Appellate Information

Filed on June 23, 2009

Judges

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

Opinion by Judge Kravitch

US v. Gupta, No. 08-12248

In the government's appeal from Defendant's sentence in a Medicare fraud prosecution, the sentence is vacated, where the District Court: 1) failed to calculate loss and erroneously reduced Defendant's offense level by two points for acceptance of responsibility; and 2) demonstrated great difficulty in putting aside his prior conclusions about the merits of this prosecution.

Read US v. Gupta, No. 08-12248

Appellate Information

Filed on June 23, 2009

Judges

Before BARKETT and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

Opinion by Circuit Judge Pryor.

US v. Elso, No. 06-14954

The denial of Defendant's motion to reconsider his money laundering conviction is affirmed, where the District Court lacked authority to hear Defendant's Fed. R. Crim. P. 12(b)(3)(B) motion because it was untimely, as Defendant's petition for a writ of certiorari did not toll the time for moving to reconsider.

Read US v. Elso, No. 06-14954.

Appellate Information

Appeals from the United States District Court for the Southern District of Florida
Filed June 19, 2009

Judges

Before: TJOFLAT and CARNES, Circuit Judges, and THRASH , District Judge. Honorable Thomas W. Thrash, United States District Judge for the Northern District of  Georgia, sitting by designation.
Opinion by PER CURIAM.

Bank of America, N.A. v. Mukamai, No. 08-15958

In an appeal from the Bankruptcy Court's order voiding a payment made by the Debtor to Plaintiff as a preferential transfer, the order is affirmed where the payments, which were made from the Debtor's other credit card accounts for debt consolidation purposes, constituted "transfer[s] of an interest of the debtor in property" under 11 U.S.C. section 547(b).

Read the full decision in Bank of America, N.A. v. Mukamai, No. 08-15958.

Appellate Information:

Appeal from the United States District Court for the Southern District of Florida
D.C. Docket Nos. 08-21730-CV-ASG, 07-01532 BKC-LM
Opinion filed on June 18, 2009

Judges:

Before MARCUS and PRYOR, Circuit Judges, and SCHLESINGER, District Judge. Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation.

Opinion by SCHLESINGER, District Judge.

Fanin v. U.S. Dep't of Veterans Affairs, No. 08-11102

In a Privacy Act action by veterans based on the Department of Veterans Affairs' loss of private information regarding the veterans, summary judgment for Defendant is affirmed in part, where Plaintiffs offered insufficient evidence of monetary damages; but reversed in part, where declaratory and injunctive relief was nonetheless available under the Administrative Procedure Act.

Read the full decision in Fanin v. U.S. Dep't of Veterans Affairs, No. 08-11102.

Appellate Information:

Appeal from the United States District Court for the Northern District of Alabama
Filed on June 17, 2009


Judges:

Before TJOFLAT and CARNES, Circuit Judges, and HOOD, District Judge. Honorable Joseph M. Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation.
Opinion by CARNES, Circuit Judge.

In re HealthSouth Corp. Sec. Litig., No. 07-10701

In an objection brought by former HealthSouth CEO Richard M. Scrushy to the District Court's order approving a securities class action settlement with HealthSouth Corporation, the order is affirmed where the settlement's bar order was consistent with the Private Securities Litigation Reform Act insofar as it barred not only the Scrushy's contribution claims, but also his indemnification claim for amounts he might pay in settlement of actual or threatened liability to the underlying plaintiffs.

Read the full decision in In re HealthSouth Corporation Securities Litigation, No. 07-10701.

Appellate Information:

Appeal from the United States District Court for the Northern District of Alabama
Filed on June 17, 2009

Judges:

Before MARCUS, ANDERSON and CUDAHY, Circuit Judges. Honorable Richard D. Cudahy, United States Circuit Judge for the Seventh Circuit, sitting by designation.

Opinion by ANDERSON, Circuit Judge.

In re Kim, No. 08-16105

In an appeal from the Bankruptcy Court's order allowing the Trustee to use his strong arm power to avoid the lien created by Debtor's security deed, the order is reversed where the affidavit submitted by the closing attorney attested to the execution of the security deed at issue.

Read the full decision in In re Kim, No. 08-16105.

Appellate Information:

Appeal from the United States District Court for the Northern District of Georgia
Filed June 17, 2009

Judges:

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

Opinion by ANDERSON, Circuit Judge.