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

August 2009 Archives

Whittier v. Kobayashi, No. 08-12998

In an action claiming that defendant-officer violated plaintiff's son's Fourth Amendment rights when he entered her home without first knocking and announcing the SWAT team's presence, a denial of summary judgment based on qualified immunity is reversed where a reasonable officer could have had reasonable suspicion that knocking and announcing his presence would have been dangerous under the circumstances facing the SWAT team.

Read Whittier v. Kobayashi, No. 08-12998

Appellate Information

Filed on August 31, 2009

Judges

Per Curiam

US v. Gomez, No. 09-11031

Defendant's identity theft conviction is vacated, where the District Court erred by failing to instruct the jury that the word "knowingly" in 18 U.S.C. section 1028A(a)(1) requires proof that he knew the means of identification belonged to an actual person.

Read US v. Gomez, No. 09-11031

Appellate Information

Filed August 28, 2009

Judges

Opinion by Judge Marcus

US v. McIntosh, No. 08-15449

In a drug and firearm prosecution, denial of defendant's motion to dismiss the indictment on Double Jeopardy grounds is reversed where a defendant whose conviction has not been vacated may not be indicted again for the same offenses without violating the Double Jeopardy Clause when the government obtained a dismissal of the original indictment after the defendant pleaded guilty to it.

Read US v. McIntosh, No. 08-15449

Appellate Information

Filed August 27, 2009

Judges

Opinion by Judge Pryor

Ferguson v. Sec'y. for the Dep't of Corrs., No. 05-13595

In a capital habeas matter, denial of the petition is affirmed where: 1) defense counsel was not ineffective during the penalty phase because the aggravating circumstances far outweighed any mitigating factors, even taking into account the evidence that counsel failed to uncover; and 2) any infirmities in the trial court's initial jury instructions would have been cured by the court's subsequent statement.

Read Ferguson v. Sec'y. for the Dep't of Corrs., No. 05-13595

Appellate Information

Filed August 26, 2009

Judges

Opinion by Judge Birch

US v. Felts, No. 08-11450

Defendant's money laundering conviction is affirmed where it is permissible for district courts to submit "promotional money laundering" and "concealment money laundering" as a single charge on a general verdict form.

Read US v. Felts, No. 08-11450

Appellate Information

Filed August 21, 2009

Judges

Per Curiam

De La Rosa v. U.S. Atty. Gen'l., No. 08-13861

In a petition for review of the BIA's determination that petitioner was statutorily ineligible for a waiver of deportation, the petition is denied where petitioner's conviction of the aggravated felony of sexual abuse of a minor disqualified him from applying for a waiver of deportation.

Read De La Rosa v. U.S. Atty. Gen'l., No. 08-13861

Appellate Information

Filed August 20, 2009

Judges

Per Curiam

Krenkel v. Kerzner Int'l. Hotels Ltd., No. 08-15971

In a personal injury action based on a slip and fall accident at defendants' hotel, the dismissal of the complaint is affirmed where a forum selection clause signed by plaintiffs restricted them to filing suit in The Bahamas and plaintiffs had a reasonable opportunity to consider and reject the clause.

Read Krenkel v. Kerzner Int'l. Hotels Ltd., No. 08-15971

Appellate Information

Filed August 19, 2009

Judges

Per Curiam

US v. Maxwell, No. 07-11301

Defendant's wire fraud conviction and sentence are affirmed where: 1) the district court did not improperly limit defendant's cross-examination, because the questioning defendant was permitted to do exposed facts that were more than sufficient to allow the jury to draw inferences about the prosecution witnesses' reliability; and 2) there was sufficient evidence to show that defendant actively participated in the scheme to defraud and had the requisite criminal intent.

Read US v. Maxwell, No. 07-11301

Appellate Information

Filed August 19, 2009

Judges

Opinion by Judge Marcus

Butler v. Sukhoi Co., No. 08-14523

In an action to enforce a default judgment, the denial of defendants' motion to dismiss the complaint is reversed where the district court lacked subject matter jurisdiction because defendants were instrumentalities of the Russian Federation, and thus, entitled to sovereign immunity.

Read Butler v. Sukhoi Co., No. 08-14523

Appellate Information

Filed August 19, 2009

Judges

Opinion by Judge Birch

US v. Certain Real Prop., No. 08-14334

In the government's appeal from an attorney's fee award following the dismissal of the government's civil forfeiture action, the award is reversed where attorney's fees incurred in the defense of a criminal action may not be awarded in a related civil forfeiture action under the Civil Asset Forfeiture Reform Act of 2000 without regard for the stringent limitations on attorney-fee awards in criminal cases under the Hyde Amendment.

Read US v. Certain Real Prop., No. 08-14334

Appellate Information

Filed August 19, 2009

Judges

Opinion by Judge Dubina

Harris v. United Auto. Ins. Grp., Inc., No. 08-16097

In an action seeking to reinstate plaintiff's health insurance benefits, dismissal of the complaint is affirmed where 26 C.F.R. section 54.4980B-8, A-5 did not apply to the employer-provided insurance plan in which plaintiff was participating, and thus his late payment of his insurance premium could not be excused under that regulation.

Read Harris v. United Auto. Ins. Grp., Inc., No. 08-16097

Appellate Information

Filed August 18, 2009

Judges

Per Curiam

US v. Bonilla, No. 08-12127

Defendant's identity theft conviction is affirmed in part where the record supported a finding that defendant's plea was knowing and voluntary, but vacated in part where the wire fraud counts of the indictment were multiplicitous and violative of the Double Jeopardy clause.

Read US v. Bonilla, No. 08-12127

Appellate Information

Filed August 18, 2009

Judges

Opinion by Judge Fay

In an appeal from the an order reducing the amount defendant owed to plaintiff under an arbitral award, the order is affirmed where: 1) the reduction of the award did not violate the law of the case doctrine; and 2) Section 13 of the Federal Arbitration Act provides that a judgment which has confirmed an award is to be treated no better or worse than any other civil judgment.

Read AIG Baker Sterling Heights, LLC v. Am. Multi-Cinema, Inc., No. 08-14600

Appellate Information

Filed August 18, 2009

Judges

Opinion by Judge Edmonson

US v. Kaley, No. 07-13010

In an appeal from an order enjoining defendants from encumbering the property listed in the forfeiture count of an indictment, the order is reversed where the district court needed to determine whether defendants were entitled to a pretrial hearing based on: (1) the length of the delay before the defendants received their post-restraint hearing; (2) the reason for the delay; (3) the defendants' assertion of the right to such a hearing pretrial; and (4) the prejudice the defendants suffered due to the delay weighed against the strength of the United States' interest in the subject property.

Read US v. Kaley, No. 07-13010

Appellate Information

Filed August 18, 2009

Judges

Opinion by Judge Marcus

In re CP Ships Ltd. Sec. Litig., No. 08-16334

In an objector's appeal from the district court's final approval of the settlement of a securities fraud action, an order approving the settlement is affirmed where: 1) alleged activity in Tampa, Florida represented substantial acts in furtherance of the fraud which directly caused the claimed losses; and 2) the notice to the class adequately informed class members of the pending actions regarding the alleged fraud in Canada.

Read In re CP Ships Ltd. Sec. Litig., No. 08-16334

Appellate Information

Filed August 13, 2009

Judges

Opinion by Judge Anderson

Aldana v. Del Monte Fresh Produce N.A., No. 07-15471

In an action claiming that defendant caused the torture of plaintiffs based on their leadership of a Guatemalan national labor union, dismissal of the complaint on forum non conveniens grounds is affirmed where Guatemala was an available alternate forum for the claims, and all the relevant evidence was located in Guatemala.

Read Aldana v. Del Monte Fresh Produce N.A., No. 07-15471

Appellate Information

Filed August 13, 2009

Judges

Opinion by Judge Marcus

US v. Ponce-Aldona, No. 08-13144

In a drug prosecution, denial of defendant's motion to suppress evidence is affirmed where: 1) the state regulatory scheme pursuant to which the evidence was recovered provided ample notice to owners of commercial vehicles and drivers that a commercial vehicle operating upon the public highways will be subject to being stopped and inspected; and 2) the discretion of the inspecting officers was adequately limited by the regulatory scheme.

Read US v. Ponce-Aldona, No. 08-13144

Appellate Information

Filed August 12, 2009

Judges

Opinion by Judge Anderson

Callahan v. Point Clear Holdings, Inc., No. 08-14634

In an action concerning the use and control of a street, summary judgment for plaintiffs is reversed where there was no ambiguity in the property's restrictive covenants as to whether the rights reserved to defendant's predecessor flowed to its successors and assigns.

Read Callahan v. Point Clear Holdings, Inc., No. 08-14634

Appellate Information

Filed August 12, 2009

Judges

Opinion by Judge Anderson

Mac East, LLC v. Shoney's, No. 07-11534

In an action for breach of a lease agreement, summary judgment for plaintiff is reversed where, when an assignment contract gives the assignor "sole discretion" to withhold consent to the assignee's proposed sublease, the assignor's exercise of that discretion is not subject to a commercial reasonableness standard.

Read Mac East, LLC v. Shoney's, No. 07-11534

Appellate Information

Filed August 11, 2009

Judges

Per Curiam

Sinaltrainal v. Coca-Cola Co., No. 06-15851

In an action claiming that plaintiffs-trade union leaders' employers, two bottling companies, collaborated with Colombian paramilitary forces to murder and torture plaintiffs, dismissal of the complaint is affirmed where defendants were not vicariously liable for the acts of plaintiffs' employers due to lack of day-to-day control over their operations.

Read Sinaltrainal v. Coca-Cola Co., No. 06-15851

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Black

Tang v. U.S. Atty. Gen., No. 08-12212

In a petition for review of the BIA's order removing petitioner-Chinese native from the U.S., the petition is granted in part where certain adverse credibility findings by the BIA were factually incorrect. The petition is denied in part where petitioner's submission of evidence in support of her due process claim was untimely.

Read Tang v. U.S. Atty. Gen., No. 08-12212

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Wilson

Kazemzadeh v. U.S. Atty. Gen'l., No. 08-12857

In a petition for review of the BIA's denial of an Iranian native's application for asylum and withholding of removal, the petition is granted in part where the Board failed to give reasoned consideration to petitioner's evidence of a well-founded fear of persecution based on petitioner's religion, or more specifically, his conversion from Islam to Christianity while in the United States. However, the petition is denied in part, where substantial evidence supported the BIA's determination that petitioner failed to prove a well-founded fear of persecution based on his political opinion.

Read Kazemzadeh v. U.S. Atty. Gen'l., No. 08-12857

Appellate Information

Filed August 6, 2009

Judges

Opinion by Judge Pryor

US v. Bobb, No. 07-13252

Defendant's child pornography conviction is affirmed, where defendant's convictions for both "receiving" and "possessing" child pornography did not violate the Double Jeopardy Clause because the indictment charged and the government proved at trial that defendant had committed two distinct offenses, occurring on two different dates, in violation of two different statutes.

Read US v. Bobb, No. 07-13252

Appellate Information

Filed August 6, 2009

Judges

Opinion by Judge Tjoflat