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

December 2014 Archives

The Top 11 Stories From the 11th Cir. for 2014

A federal judge allegedly gets into a physical fight with his wife. A lawyer gets "seized" at a security checkpoint when she refuses to take off her coat. A child pornographer gets a rehearing because his lawyer was late coming back from lunch.

These were among the most-viewed posts in FindLaw's U.S. Eleventh Circuit Blog this year (though, honestly, a lot of really good ones were missing; c'mon folks, what's wrong with bagel envy?).

For your reading enjoyment, here were the Top 11 blog posts (because it's the Eleventh Circuit, get it?) in 2014:

Victim's Recording of Defendant Statements Not Admissible in Fla.

In Florida, it may be harder than ever to "catch a predator" in Florida. (See what I did there?) Last week, the Florida Supreme Court ruled that surreptitiously recorded statements of child sexual abuse couldn't be admitted at trial.

Richard McDade, the petitioner in this case, was secretly recorded by his stepdaughter, whom he was sexually abusing. The statements amounted to McDade's admission that he was sexually abusing her. The trial court let the audio recordings in.

11th Cir: No Mandatory Drug Testing for Welfare Recipients

It's been in vogue for a while to drug test recipients of state and federal welfare, on the theory either that welfare recipients take a lot of drugs or that since "we" are paying "them," then we get to conduct intrusive searches into their lives.

The Eleventh Circuit Court last week affirmed that the state of Florida cannot conduct suspicionless drug testing on welfare recipients.

With 11th Cir.'s Denial, Gay Marriage to Start in Fla. on Jan. 5

Add another state to the list of those that allow same-sex marriages -- unless the U.S. Supreme Court steps in first, that is.

On Wednesday, the Eleventh Circuit denied Florida Attorney General Pam Bondi's request to continue blocking same-sex marriages in the state of Florida, which means same-sex couples can start sending out save-the-dates for any time after January 5, 2015. However, there are a couple of (admittedly unlikely) ways in which the High Court could step in and prevent that from happening.

Fla. Orthodontist's Suit Against Obamacare Mandate Is Dismissed

The new hotness in suing over the Affordable Care Act took a hit at the Eleventh Circuit today, with the court denying relief to Kawa Orthodontics in a dispute over the delay of the ACA's employer mandate.

Kawa Orthodontics, owned by Larry Kawa (a noted figure in the Republican Party), apparently spent a bunch of money on figuring out how to comply with the mandate. Then, wouldn't you know it, the Treasury Department delayed enforcement of the employer mandate for another year, then another year. The bizarre thing is that, when Kawa filed its lawsuit, it didn't ask for that money back; rather, it just sought a declaratory judgment and injunction finding Treasury's delayed enforcement unlawful.