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

February 2016 Archives

Down Syndrome Adult Wins in 11th Cir. Against Apt. Complex

In a case that is illustrative to those who lease-out residential property, the Court of Appeals for the Eleventh Circuit reversed the lower trial court's dismissal of a discrimination suit in the plaintiff's favor because it found that the apartment complex had violated the Fair Housing Act.

Of particular note is the court's declaration that a defendant need not make dwelling impossible to obtain in order for that dwelling to be "unavailable" for purposes of the Act.

11th Circuit Rules That Defective Gun Design Killed Man

The Eleventh Circuit reversed a lower court judgment that granted a motion to exclude expert testimony in a gun malfunction case. The expert's testimony would have explained how a gun malfunctioned and shot its owner through his chest.

This case is a bit of a treat as lawyers do not often see a lower district court's opinion so completely disregarded by the appeals court.

Atlanta-area stagehands are contractors, not employees, the Eleventh Circuit ruled last week. In so doing, the court reversed a finding by the National Labor Relations Board that stagehands placed through Crew One Productions were employees entitled to union representation.

Instead, the court found that Crew One exercised too little control over the stagehands for them to be considered employees. The finding could have an impact on similar lawsuits throughout the country, including recent challenges to "sharing economy" companies like Uber.