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

June 2015 Archives

Two Florida companies obtained a judgment of $50 million against the Dominican Republic. This was entered as a default judgment because the country failed to respond to the lawsuit. In its appeal before the Eleventh Circuit, the Dominican Republic claimed excusable neglect for failing to respond to the lawsuit.

Apparently, a low-level employee had acted on the country's behalf in deciding not to participate in the legal action. That clerical error almost cost the government $50 million. Fortunately for the Dominican Republic, they were able to raise convincing arguments on appeal before the 11th Circuit.

If you want to bring a loaded gun with you to a federal dam or reservoir, expect to be turned away. Except for hunting and target range purposes, the U.S. Army Corps of Engineers, which controls most federal water resource development projects, doesn't allow for loaded firearms on Corps lands. Explosives are banned too. Save those for the National Parks.

For Second Amendment advocates in the Eleventh Circuit, that restriction "completely destroys" their right to bear arms. The Eleventh Circuit, however, disagrees, taking a more nuanced look at the regulation's impact on Second Amendment rights.

Seven prison officers who had been accused of showing deliberate indifference to an inmate's suicide are protected by qualified immunity, the Eleventh Circuit ruled on Wednesday. After Darius James killed himself while awaiting trial, his mother sued the officers, alleging that they knew of James' suicide risk and did nothing.

James' mother had failed to show that individual officers had a subjective knowledge of the risk of suicide, the Eleventh Circuit found. While there was circumstantial evidence that prison officials generally may have been aware of James' suicide risk and may have mishandled his care, there was not enough evidence specific to the officers to counteract their qualified immunity.

If you sabotage your own trial, don't expect a successful appeal in the Eleventh. That's the lesson a Georgia man who stole over $4 million in a yearlong credit card scam learned the hard way, recently.

Jean-Daniel Perkins attempted to avoid conviction by refusing counsel and not attending his trial. Perkins thought he had found "one weird trick" to beat the legal system. And now, judges do hate him, and his tricks didn't work.