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

July 2009 Archives

Bryant v. Jones, No. 06-16591

In a 42 U.S.C. section 1981 action challenging a county's alleged plan to replace white county managers with African-Americans, denial of qualified immunity to defendants is affirmed where a reasonable official would have known that discriminating against county managers on account of their race was unlawful. However, a denial of legislative immunity to one defendant is reversed where the preparation of a budget proposal related to his legislative duties.

Read Bryant v. Jones, No. 06-16591

Appellate Information

Filed July 31, 2009

Judges

Opinion by Judge Tjoflat

Hallford v. Allen, No. 07-15478

In a 42 U.S.C. section 1983 action seeking to enjoin Alabama's lethal injection method of capital punishment, dismissal of the complaint is affirmed where plaintiff unreasonably delayed in filing the action because he knew, or should have known, when the suit was filed that an execution date would likely be set and come before the case could be litigated fully, unless a stay of execution was granted or the litigation was expedited.

Read Hallford v. Allen, No. 07-15478

Appellate Information

Filed July 30, 2009

Judges

Per Curiam

Proudfoot Consulting Co. v. Gordon, No. 08-14075

In an action for breach of a covenant not to compete, an injunction against defendant is affirmed where defendant failed to show that the district court clearly erred in finding that defendant's confidential information constituted a legitimate business interest that justified the non-compete covenant. However, the damages award in favor of plaintiff is reversed where plaintiff failed to establish that defendant's solicitation of a client for plaintiff's competitor resulted in plaintiff's loss of the project that was the basis of the damages award.

Read Proudfoot Consulting Co. v. Gordon, No. 08-14075

Appellate Information

Filed July 30, 2009

Judges

Opinion by Judge Trager

US v. US Infrastructure, Inc., No. 07-14648

Defendants' bribery convictions are affirmed, where the existence of a bribe agreement and a defendant's participation in the conspiracy may be proven entirely from circumstantial evidence, and the record was more than sufficient to sustain the verdict regarding the alleged conspiracy.

Read US v. US Infrastructure, Inc., No. 07-14648

Appellate Information

Filed July 29, 2009

Judges

Opinion by Judge Ryskamp

US v. Douglas, No. 09-10818

Defendant's drug distribution sentence is affirmed in part where defendant's original sentence was within the then-applicable guidelines range, and thus the district court was not authorized to impose a new sentence below the amended Guidelines range; but vacated in part where the record did not reflect that the district court considered the 18 U.S.C. section 3553(a) factors in deciding to reduce defendant's sentence.

Read US v. Douglas, No. 09-10818

Appellate Information

Filed July 29, 2009

Judges

Per Curiam

Babineau v. Fed. Express Corp., No. 08-16227

In a class action for failing to pay hourly employees for all time worked, an order denying class certification is affirmed where the employees' punch clock records did not provide common proof of any uncompensated work during gap periods, particularly in light of employee testimony regarding the various non-work-related activities that took place during the gap periods and the various personal reasons that employees listed for coming in early and staying late.

Read Babineau v. Fed. Express Corp., No. 08-16227

Appellate Information

Filed July 27, 2009

Judges

Opinion by Judge Edenfield

Southern Grouts & Mortars, Inc. v. 3M Co., No. 08-15850

In an action for cybersquatting on a domain name identical to the name of plaintiff's product, summary judgment for Defendant is affirmed where 1) the district court did not err in denying plaintiff leave to amend its complaint, because it waited to file a motion to amend its complaint with information it had known over a month before when it filed a motion for summary judgment; and 2) plaintiff failed to show that defendant had a bad faith intent to profit from using the domain name.

Read Southern Grouts & Mortars, Inc. v. 3M Co., No. 08-15850

Appellate Information

Filed July 23, 2009

Judges

Per Curiam

Philmore v. McNeil, No. 07-13637

In a capital habeas matter, denial of the habeas petition is affirmed where 1) defense counsel's allegedly ineffective representation occurred before petitioner's Sixth Amendment right to counsel had attached with respect to the murder at issue; and 2) petitioner's Batson challenge to jury selection was barred by a state procedural rule.

Read Philmore v. McNeil, No. 07-13637

Appellate Information

Filed July 23, 2009

Judges

Per Curiam

Walters v. Am. Coach Lines of Miami, Inc., No. 08-15636

In an action seeking unpaid overtime under the Fair Labor Standards Act (FLSA), summary judgment for defendant is affirmed where plaintiffs were exempt from the FLSA's overtime requirements because they fell under the jurisdiction of the Secretary of Transportation under the Motor Carrier Act.

Read Walters v. Am. Coach Lines of Miami, Inc., No. 08-15636

Appellate Information

Filed July 23, 2009

Judges

Per Curiam

Kurtz v. Comm'r. of Int'l. Rev., No. 08-15209

In a tax court petition challenging an IRS deficiency notice issued to petitioner based on improper deductions, the Tax Court's order denying the petition is affirmed where no federal law requires food or beverages to be provided to seamen aboard a fishing vessel.

Read Kurtz v. Comm'r. of Int'l. Rev., No. 08-15209

Appellate Information

Filed July 23, 2009

Judges

Opinion by Judge Quist

US v. Sarras, No. 08-11757

Defendant's child pornography conviction and sentence are affirmed, where 1) defendant did not show that his expert witness's methodology was a sufficiently reliable identification technique; and 2) defendant's proffered testimony that child pornography cases usually involve multiple children would have been cumulative.

Read US v. Sarras, No. 08-11757

Appellate Information

Filed July 23, 2009

Judges

Opinion by Judge Quist

Cooper v. Meridian Yachts, Ltd., No. 08-13830

In an indemnity action by a ship owner to recover sums paid to settle an underlying maritime personal injury action, judgment for defendants is: 1) affirmed in part where the parties' agreement precluded recovering consequential damages or other indirect damages; but 2) reversed in part, where plaintiffs could proceed under federal maritime law on either a strict liability or negligence basis.

Read Cooper v. Meridian Yachts, Ltd., No. 08-13830

Appellate Information

Filed July 21, 2009

Judges

Opinion by Judge Trager

CFTC v. Gibraltar Monetary Corp., No. 06-14270

In an action by the Commodity Futures Trading Corporation claiming that defendant was vicariously liable for its business partner's fraudulent solicitation of customers to trade off-exchange options, judgment for defendant is affirmed where there was no evidence that defendant condoned the use of its name by its business partner.

Read CFTC v. Gibraltar Monetary Corp., No. 06-14270

Appellate Information

Filed July 21, 2009

Judges

Per Curiam

Carroll v. Sec'y, Dept. of Corr., No. 08-14317

In a capital habeas matter, the denial of the habeas petition is affirmed where: 1) defects in state collateral proceedings do not provide a basis for habeas relief; and 2) the record was replete with evidence supporting the state court's finding that petitioner was competent to stand trial.

Read Carroll v. Sec'y., Dept. of Corr., No. 08-14317

Appellate Information

Filed July 20, 2009

Judges

Opinion by Judge Black

Denson v. US, No. 05-15572

In a Bivens action involving claims that then-pregnant plaintiff was detained and searched at an airport based on a suspicion that she was smuggling drugs internally, judgment for defendants is affirmed where: 1) pursuant to the long-standing right of the sovereign to protect its territorial integrity, preliminary searches and seizures are per se reasonable simply by virtue of the fact that they occur at the border; 2) defendants acted reasonably in detaining plaintiff and taking her to a hospital for further, more intrusive, examinations; and 3) state law tort claims were barred under the Supremacy Clause.

Read Denson v. US, No. 05-15572

Appellate Information

Filed July 15, 2009

Judges

Opinion by Judge Tjoflat

Dasher v. Atty. Gen., No. 08-10363

In a drug prosecution, denial of petitioner's habeas petition is affirmed where the testimony at the post-conviction hearing focusing on the factual basis underlying counsel's erroneous advice regarding the sentence that would be imposed supported the implicit finding that petitioner failed to disclose his criminal record to his attorney.

Read Dasher v. Atty. Gen., No. 08-10363

Appellate Information

Filed July 13, 2009

Judges

Opinion by Judge Korman

Land v. Allen, No. 08-15254

In a capital habeas matter, the denial of Petitioner's petition is affirmed, where the State met its burden of demonstrating by a preponderance of the evidence that Petitioner's confession was a result of voluntary choice.

Read Land v. Allen, No. 08-15254

Appellate Information

Filed July 10, 2009

Judges

Per Curiam

Lawrence v. Goldberg, No. 08-11034

In an action against Plaintiff's creditors claiming that they conspired to wrongfully enforce a turn over order issued by a Bankruptcy Court in proceedings relating to Plaintiff's bankruptcy petition, the dismissal of the complaint is affirmed where Plaintiff failed to obtain leave of the Bankruptcy Court before filing his complaint.

Read Lawrence v. Goldberg, No. 08-11034

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Dubina

Zakrzewski v. McNeil, No. 07-15930

In an appeal from the denial of Petitioner's Fed. R. Crim. P. 60(b) motion to reconsider the denial of his application for post-conviction relief, the District Court's order is affirmed where the District Court did not abuse its discretion in finding that Petitioner's attorney did not defraud him.

Read Zakrzewski v. McNeil, No. 07-15930

Appellate Information

Filed July 9, 2009

Judges

Per Curiam

In an action alleging that Defendant misused Plaintiff's Internet domain names and website to promote his solo medical practice, judgment for Plaintiff is affirmed in part, where a reasonable jury could find that Defendant made misrepresentations in a copyright registration application; but reversed in part, where the District Court erred in determining that Plaintiff could not recover damages under both the Anticybersquatting Consumer Protection Act and the Lanham Act.

Read St. Luke's Cataract & Laser Inst., P.A. v. Sanderson, No. 08-11848

Appellate Information

Filed July 9, 2009

Judges

Opinion by Judge Hull

US v. Goings, No. 08-15705

Defendant's drug conviction is affirmed where the arrest was legal under Florida law because the Georgia police officers were in fresh pursuit and, contrary to Defendant's argument, interstate compacts only become relevant when there is no fresh pursuit.

Read US v. Goings, No. 08-15705

Appellate Information

Filed July 7, 2009

Judges

Per Curiam

Garczynski v. Bradshaw, No. 08-16100

In a 42 U.S.C. section 1983 action alleging excessive use of force by the police, summary judgment for Defendants is affirmed where the situation the officers faced, which involved an armed, suicidal man, was urgent and inherently dangerous, and thus Defendants had probable cause to use the force they did.

Read Garczynski v. Bradshaw, No. 08-16100

Appellate Information

Filed July 7, 2009

Judges

Per Curiam

US v. Valencia-Trujillo, No. 07-10524

Defendant's drug conviction is affirmed where: 1) the rule of specialty did not apply to Defendant's extradition because he did not establish that he was extradited under a United States-Colombia extradition treaty; and 2) the addition of predicate acts to the indictment did not prevent a meeting of the minds between the grand jury and the trial jury on the charges for which Defendant was convicted.

Read US v. Valencia-Trujillo, No. 07-10524

Appellate Information

Filed July 7, 2009

Judges

Opinion by Judge Carnes

Mesa Air Group, Inc. v. Delta Air Lines, Inc., No. 08-13733

In an action seeking an injunction prohibiting Defendant airline from terminating its regional connection agreement with Plaintiff airline, an injunction in favor of Plaintiff is affirmed where Plaintiff demonstrated a substantial likelihood of success on its claim that Defendant was equitably estopped from terminating the agreement.

Read Mesa Air Group, Inc. v. Delta Air Lines, Inc., No. 08-13733

Appellate Information

July 1, 2009

Judges

Opinion by Judge Cudahy

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Thomas v. Carnival Corp., No. 08-10613

In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought. 

Read Thomas v. Carnival Corp., No. 08-10613

Appellate Information

Filed July 1, 2009

Judges

Per Curiam

US v. Moran, No. 08-16987

In a firearm possession prosecution, the District Court's order setting the terms of Defendant's supervised release is affirmed where a defendant is not entitled to notice before a District Court may impose special conditions of supervised release to address a defendant's proclivity to sexual misconduct when the crime of conviction did not involve sexual activity.

Read US v. Moran, No. 08-16987

Appellate Information

Filed July 1, 2009

Judges

Opinion by Judge Pryor