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

October 2010 Archives

In re: US EPA, No. 10-14535

Mandamus Petition by EPA

In In re: US EPA, No. 10-14535, a petition by the EPA for a writ of mandamus to substitute the appearance of the Assistant Administrator for Water of the Agency for the appearance of the Administrator of the Agency, at a hearing about compliance by the Agency with orders entered by the district court that concerned pollution of the Everglades, the court granted the petition where the record established no special need for compelling the appearance of the Administrator, and the Assistant Administrator was an adequate substitute.

 

US v. Wayerski, No. 09-11379

Child Pornography Convictions Affirmed

In US v. Wayerski, No. 09-11379, the court affirmed in part defendants' convictions and sentences for engaging in multiple child-pornography offenses, holding that the statute of conviction for engaging in a child exploitation enterprise, 18 U.S.C. section 2252A(g), was not unconstitutionally vague.

In re: Lambrix, No. 10-14476

Capital Habeas Petition

In In re: Lambrix, No. 10-14476, a capital habeas matter, the court denied petitioner's application to the Court of Appeals for leave to file a second or successive 28 U.S.C. section 2254 federal habeas petition, holding that 1) petitioner failed to allege what evidence was new, when it was discovered, or how it could not have been discovered previously through the exercise of due diligence; and 2) the evidence presented by petitioner was not sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable jury would have found petitioner guilty of the underlying murders.

 

Speaker v. US Dept. of Health & Hum. Servs., No. 09-16154

Privacy Act Suit

In Speaker v. US Dept. of Health & Hum. Servs., No. 09-16154, an action against the Department of Health and Human Services Centers for Disease Control and Prevention (CDC) for violating the Privacy Act, 5 U.S.C. section 552a, by disclosing plaintiff's identity and confidential medical information relating to the treatment of his tuberculosis, the court reversed the dismissal of the complaint where the district court's order did not fully take into account the instances throughout the amended complaint in which plaintiff alleged a direct disclosure by the CDC.

 

US v. Mateos, No. 08-17178

Health Care Fraud Convictions Affirmed

In US v. Mateos, No. 08-17178, the court affirmed defendants' convictions and sentences for conspiracy to defraud the U.S., to cause the submission of false claims, and to pay health care kickbacks, and for conspiracy to commit health care fraud, holding that 1) it was not necessary for defendant to know all the details of how the fraud worked in order for her to be guilty of the conspiracy; 2) although the district court erred in excluding a potentially exculpatory videotape, the error was harmless; and 3) the district court did not abuse its discretion in concluding that the prejudicial impact of the evidence of defendant's marriage to a co-conspirator did not substantially outweigh its probative value.

 

Moore v. N. Am. Sports, Inc., No. 09-13954

In Moore v. N. Am. Sports, Inc., No. 09-13954, an action claiming that plaintiff's decedent's death was the result of negligence in conducting a triathlon, the court affirmed judgment for defendants where any error in failing to remand the case following removal would be procedural error insufficient to warrant vacating the judgment and remanding for a new trial in state court.

Kokal v. Sec'y., Dep't. of Corrs., No. 08-11722

In Kokal v. Sec'y., Dep't. of Corrs., No. 08-11722, a capital habeas matter, the court affirmed the denial of petitioner's habeas petition, holding that the Florida Supreme Court did not err in finding that trial counsel was not constitutionally ineffective in preparing for the sentencing phase of petitioner's trial.

US v. Sistrunk, No. 09-12798

Firearm Possession Conviction Affirmed

In US v. Sistrunk, No. 09-12798, the court affirmed defendant's conviction for possession of a firearm by a convicted felon, holding that, although the trial court erred by ruling that the defense of entrapment was not available to defendant as a matter of law, the error was harmless.

Board of Trustees v. Citigroup Global Markets Inc., No. 09-13451

Denial of Motion to Compel Arbitration Reversed

In Board of Trustees v. Citigroup Global Markets Inc., No. 09-13451, an appeal from the district court's denial of defendant's motion to compel arbitration, the court reversed where plaintiff's officer had implied actual authority to bind plaintiff to arbitrate disputes arising under the consulting contract at issue.

US v. Saingerard, No. 09-14740

In US v. Saingerard, No. 09-14740, defendant's appeal from the district court's determination that defendant was competent to stand trial, the court affirmed where defendant was given ample opportunity to demonstrate incompetence to stand trial, and the district court did not commit clear error in considering the conflicting expert testimony and crediting one view over the other.

FTC Credit Card Fraud Case Affirmed, and Tort Case

In Bradley v. Sebelius, No. 09-13765, plaintiffs' appeal from the Secretary of Health and Human Services' decision that it was entitled to a portion of a settlement of an underlying action against a Florida nursing home for neglect and abuse as a Medicare recoupment, the court reversed judgment for the Secretary where, under Florida law, all loss of consortium or companionship recoveries were the property of the person who incurred the loss, and a claim for medical expenses belongs only to the estate.