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

March 2016 Archives

Florida Corp. Loses Wisteria Island to the USA

The United States came out as a victor in a land title dispute with a Florida Corporation. F.E.B. Corp., a Florida company that sought to quiet title in Wisteria Island, an artificial landmass that was created by the Navy as a dumping grounds for seabed in order to improve shipping and aviation access. It lost a major fight in the Eleventh Circuit Court this week.

The case implicates the Quiet Title Act, possibly the only federal act that allows claimants to challenge a US claim to property. The Submerged Land Act Issue within the case is not addressed here as it is not critical to the outcome of the case.

11th Cir. Reverses Class Cert. in Frigidaire 'Smelly Washer' Case

The Eleventh Circuit recently reversed class certification for California and Texas plaintiffs who sought to bring a massive mass tort against home appliance maker, Electrolux. The case, which is about class certification of groups of plaintiffs in California and Texas, involved the unfortunate tendency of the company's washers to trap water and mold up.

Electrolux, dba Frigidaire still has some options litigation wise, but the circuit's decision can still be seen as a victory, at least because it has a tendency to make plaintiffs' lawyers jobs that much more difficult.

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Fugees Rapper Can Revive Defamation Suit Against NY Post

Prakazrel Michel, aka "Pras" of the band Fugees, will be allowed to revive his defamation claim against the New York Post over allegations that the gossip publication's piece on him damaged his reputation. It had earlier been dismissed by a lower federal court because the judge there thought that a gossip column spoke for itself.

This case is interesting in that the appeals court affirmed the dismissal for a different reason. As a result, even though the district court dismissed with prejudice, this slight change gave Pras the hope he needed to keep fighting.

11th Cir. Upholds Maximum Sentence for Career Felon

Ricardo Lenin Osorio-Moreno is not a nice person. Troubling childhood aside, his criminal history began at the age of 15 with crimes of grand theft, burglary, armed robbery, and possession; he was a fast learner in the art of being a career criminal. In fact, his rap sheet is so long, it's one of those things you have to see to believe. The Eleventh Circuit Court opinion is approximately 11 pages long: Osorio's detailed convictions take at least half of the opinion text.

The lower district court ratcheted up his sentence in prison to 120 months after the latest episode of a run in with the law. The circuit court affirmed the lower court's decision with all its blessing.

Step-Dad Videotapes Daughter Nude: Yes, That's Child Porn, Court Rules

The Eleventh Circuit Court of Appeals was quick to conclude that a step-father who surreptitiously made video records in his step-daughter's bathroom activities was guilty of producing a form of child pornography. The court slapped him with harsh penalties, including an order to register as a sex-offender.

The crux of the matter turned on the issue: Is lascivious exhibition for the purposes of child pornography met when the child is unaware that his or her private area is being recorded for later viewing by a third party? The answer is a resounding "Yes."