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

October 2011 Archives

Gus Dominguez Cuban Baseball Player Smuggling Conviction Upheld

The Eleventh Circuit Court of Appeals upheld sports agent Gustavo "Gus" Dominguez's conviction for smuggling Cubans today. The Cubans in question, however, were not Cohibas and Montecristos, but Cuban baseball players.

Dominguez, who has represented many Cuban baseball players, including several defectors, was charged in 2006 with paying to smuggle athletes and their families to the U.S. from Cuba. Though Dominguez argued that he was trying to help oppressed athletes escape and seek asylum, prosecutors maintained that he was bringing athletes into the country for personal gain.

Court Upholds Investors' Fraudulent Transfers Affirmative Defense

The Eleventh Circuit Court of Appeals jumped on the Kirk Wright Ponzi scheme adjudication bandwagon this week, finding that a bankruptcy trustee could not avoid and recover transfers for value that had been made to investors in the scheme.

Kirk Wright formed the International Management Associates, LLC, and several related entities (the Debtors) purportedly to manage and operate them as hedge funds, each of which was structured either as a limited liability company or a limited partnership.

In reality, Wright used the Debtors to operate a Ponzi scheme.

Court Reverses Permanent Injunction Citing All Writs Act Conflict

The Eleventh Circuit Court of Appeals recently ruled that a district court abused its discretion in issuing a permanent injunction barring litigation in a matter resolved through a class action settlement agreement.

Karon and Chip Edleson, on behalf of themselves and a national class, filed a complaint against American Home Shield, an insurance company, in a California court, alleging that American Home Shield had wrongfully denied claims, and had failed to supervise its third-party contractors. The parties entered a settlement agreement, but the California court rejected it.

Celebrate Pro Bono Week in the Eleventh Circuit

It’s time to celebrate pro bono work in the Eleventh Circuit Court of Appeals. The American Bar Association’s (ABA) Celebrate Pro Bono Week is October 23-29.

ABA Model Rule 6.1 recommends that every lawyer provide 50 hours of pro bono service each year, but a recent survey administered revealed that only approximately one-fourth of respondents had provided 50 hours or more of free legal services to persons of limited means or to organizations that support the needs of persons of limited means.

Eleventh Circuit Enjoins Provisions of Alabama Immigration Law

The Eleventh Circuit Court of Appeals has temporarily enjoined enforcement of two provisions of the new Alabama immigration law in response to the Obama administration’s emergency appeal challenging the law and a law suit filed by a coalition of civil rights groups.

The law, Alabama House Bill 56 (HB 56), “requires public schools to check students’ immigration status, criminalizes giving an undocumented immigrant a ride, requires employers to use E-Verify to check potential employees’ status, and instructs police to check the immigration status of anyone they stop if they suspect the person of being an undocumented immigrant,” reports the Latin America News Dispatch.

Jesus Delgado Loses 1st Degree Murder Double Jeopardy Appeal

Convicted murderer Jesus Delgado will remain in jail after losing his double jeopardy appeal in the Eleventh Circuit Court of Appeals this week.

In 1994, Delgado was convicted of two counts of first-degree murder, one count of armed burglary, and one count of possession of a firearm by a convicted felon. Those convictions were later set aside on appeal by the Florida Supreme Court.

Eleventh Circuit Hears Church Gun Ban Arguments

Remember when then-Senator Barack Obama ran into trouble on the 2008 campaign trail because he told attendees at a San Francisco fundraiser that people in small town Pennsylvania “get bitter” and “cling to guns or religion?”

Fox News went crazy covering the story. Actually, every media outlet went crazy covering the story; it was an explosive sound bite.

Now it’s the Eleventh Circuit Court of Appeals’ turn to determine if people in Georgia should simultaneously cling to God and guns. Last Thursday, the Eleventh Circuit heard oral arguments in a challenge to a Georgia law that bans firearms in churches.

DOJ Files Emergency Appeal to Block Alabama Immigration Law

The U.S. Justice Department asked the Eleventh Circuit Court of Appeals to stay an Alabama immigration law today, claiming that enforcement of the law would discriminate against foreign-born citizens and legal immigrants.

The law, Alabama House Bill 56 (HB 56), “requires public schools to check students’ immigration status, criminalizes giving an undocumented immigrant a ride, requires employers to use E-Verify to check potential employees’ status, and instructs police to check the immigration status of anyone they stop if they suspect the person of being an undocumented immigrant,” reports the Latin America News Dispatch.

Another Corrupt Politician? Gary White Appeals Sentence

Gary White isn't like all of the other corrupt politicians appealing their charges; he's innocent. At least, that's what his lawyer claims.

White, a former Jefferson County Commissioner in Alabama, was convicted in 2008 on eight counts of accepting bribes from a contractor following a federal investigation that implicated four Jefferson County Commissioners.