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

November 2014 Archives

5 Things to Be Thankful for in the Eleventh Circuit

As we give thanks this year, we wondered, what is there to be thankful for in the Eleventh Circuit? It runs the gamut from the rural Alabama, north to the cosmopolitan Florida coast, with a heavy dose of swamp in between, so there are a lot of things to be thankful for.

Here are some of our favorites.

Fla. Attorney General Appeals Same-Sex Marriage to 11th Cir.

Back in August, a federal district judge in Florida held that the state's same-sex marriage ban was unconstitutional. That was, of course, a lifetime ago in light of what's happened since: The Supreme Court punted, the Sixth Circuit upheld, and same-sex marriage is the law in 33 states (for now).

Well, the State of Florida isn't taking this lying down. Attorney General Pamela Bondi is appealing the district court's order. Does Florida's brief to the Eleventh Circuit have anything new that hasn't been dismissed by four other circuit courts already?

Royal Caribbean Can Be Held Liable for Passenger's Death: 11th Cir.

It's well established that there's no respondeat superior liability levied on ship owners for the negligent medical care of the ship's crew, no matter how negligent they are. But what about an agency theory? That was an issue of first impression for the Eleventh Circuit in Franza v. Royal Caribbean Cruises.

The short, short version: Pasquale Vaglio fell, hitting his head while Royal Caribbean's "Explorer of the Seas" was docked in Bermuda. The ship's nurse failed to correctly diagnose his head trauma, had him wait for four hours, then "released him with no treatment to speak of." Vaglio died a week later.

11th Cir. Revives Lawsuit Over an Unseen Junk Fax

We were just talking about junk faxes, largely because our office keeps getting them. (And no, fool, I don't want to hire someone who uses a fax machine to design a mobile app for my company.) They're annoying as heck, and they're also prohibited by the Telephone Consumer Protection Act (TCPA).

The case of Palm Beach Golf Center-Boca Inc. v. John G. Sarris, DDS, involves a junk fax, sent by a dentist, that a golf club probably received -- the fax logs say that it was successfully transmitted and that the two fax machines connected for over a minute -- but nobody seems to have seen. Nonetheless, the Eleventh Circuit has revived the putative class-action lawsuit and will allow it to proceed on two grounds: the TCPA and common law conversion.