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

August 2011 Archives

No Sovereign Immunity for Alabama Dental Board

Does sovereign immunity extend to state boards that issue licenses?

The Eleventh Circuit Court of Appeals ruled last week that it might not.

In the case Versiglio v. Board of Dental Examiners of Alabama, the plaintiff argued that her claim under the Fair Labor Standards Act should be allowed to proceed because the Board was sufficiently independent from the state of Alabama and not entitled to Eleventh Amendment immunity.

The Eleventh Circuit Court of Appeals agreed.

Missing Money? Employee Polygraph Doesn't Violate EPPA

What should a bank do when $58,000 goes missing?

Hook employees up to a polygraph machine and demand answers.

In February 2007, the new manager of the Piedmont Commons Washington Mutual (WaMu) bank branch conducted a cash audit and discovered a shortage of approximately $58,000. The entire amount was missing from two teller cash dispenser machines that Plaintiff David Cummings, a former branch manager, had access to during his tenure at the branch.

Eleventh Circuit Strikes Individual Mandate

I think, therefore I am regulated?

Not if the Eleventh Circuit Court of Appeals has anything to say about it.

In a 2-1 decision, the Eleventh Circuit ruled on Friday that the individual insurance mandate in the Affordable Care Act is unconstitutional.

Dixie County Appeals 10 Commandments Case

Is the first commandment of courthouse management “thou shalt not display a 6-ton Ten Commandments monument in front of a government building?”

A federal judge in Florida ruled in a Ten Commandments case last month that such displays are not permitted. Attorneys for Dixie County, Fla. are appealing decision to the Eleventh Circuit Court of Appeals.

Federal Judge Tosses Florida Drug Law for Lack of Mens Rea

If you started law school after 2001, the year that Elle Woods defended her client by defining mens rea to the court in Legally Blonde, you probably entered your first criminal law class knowing that a conviction requires guilty knowledge.

It seems that the Florida legislature disregarded that legal and cinematic pearl of wisdom. In 2002, the legislature amended the state's Drug Abuse Prevention and Control law to eliminate mens rea. At the end of July, a federal judge in Florida overturned the law, noting that "Florida stands along in its express elimination of mens rea as an element of a drug offense."

Obama Nominates Jordán for Eleventh Circuit Vacancy

President Barack Obama nominated Judge Adalberto José Jordán to serve on the Eleventh Circuit Court of Appeals on Tuesday.

Jordán has served as a District Judge on the United States District Court for the Southern District of Florida in Miami since 1999. He also teaches as an adjunct professor of law at University of Miami School of Law and Florida International University College of Law.