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

December 2015 Archives

11th Circuit Revives Age Discrimination Suit Against MetLife

The Court of Appeals for the Eleventh Circuit reversed a lower district court's grant of summary judgment on age discrimination issues, finding that the trial court failed to apply relevant law and came to its conclusions erroneously.

It's a small victory for the plaintiff, who was subjected to the ridiculous drama of employee jealousy and company re-organization.

'Docs vs. Glocks' Upheld in 11th Circuit

The Court of Appeals for the Eleventh Circuit has yet again deflected another free speech argument from a coalition of doctors who have opposed Florida's notorious 'Docs vs. Glocks' rule and upheld that state's law on grounds that it failed to satisfy strict scrutiny review.

The Firearms Owners Privacy Act, originally intended (we think) by the Florida legislature to get doctors to mind their own business has resulted in this bizarre tug-of-war between the First and Second Amendments. The legal issues themselves are enough to warrant cert. by the Supreme Court.

Prison Legal News, a monthly publication by the Human Rights Defense Center, isn't allowed in Florida state prisons. No, it's not the magazine's investigations into prison vendor misconduct or its reporting on inmate rights. According to the Florida Department of Corrections, it's the magazine's objectionable advertisements. Those ads? They're for things like stamps, three-way calling services, and pen pals.

Prison Legal News sued over the ban, which was largely upheld in October. Now, they've turned to the Eleventh Circuit, arguing that the prisons' ban infringes on the magazine's First Amendment rights. And they've got some ammunition in their corner. The suit is being lead by Former U.S. Solicitor General and regular Supreme Court litigator, Paul D. Clement.

11th Cir. Dismisses Challenge to Water Pollution Oversight

The Eleventh Circuit recently dismissed a petition for appeal by a small group of environmental groups seeking to remove Alabama's authority to run the local arm of the National Pollutant Discharge Elimination System (NPDES).

This is not the final say on whether or not the case will move forward, since the circuit dismissed the case essentially for lack of ripeness.

11th Cir. Rules on Digital Searches in Child Pornography Case

When you look at a still-shot of a video, does that mean you've "seen" the whole video?

This seemingly silly question sits at the core of a legal issue that has only further divided the federal circuit courts, probing deep questions about the scope of Fourth Amendment Searches and digital privacy. Perhaps the more probing legal question should be this: Does seeing the screenshot give law enforcement the authority to search the entire device on which a particularly potentially criminal video was found?