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

November 2017 Archives

An Alabama Supreme Court decision from 2015 may have flown under the radar at the time it was issued, but then-Chief Justice Roy Moore's dissent is coming back to haunt the now-Republican Senate candidate.

The majority decision upheld the conviction of a 17-year-old child rapist (that was working at a daycare when he committed his crime) on one charge that required "forcible compulsion" to be proven. But Moore, alone out of the nine justices, dissented based upon a strict textualist approach that seemingly ignored the actual facts and court precedent.

As some commentators have noted, this case probably has less to do with Moore's own history, and more to do with his personal philosophy. Moore's dissenting opinion did not let the defendant off the hook for his crimes and shouldn't be used as evidence that Moore is soft on crime. In fact, one of the charges that resulted in a conviction and 20+ year sentence against the defendant was not even considered on appeal, so it's not like Moore was trying to get the guy out of jail.

FINRA, the securities industry's self-regulating organization, will be able to regulate with a little more impunity now after the Eleventh Circuit Court of Appeals ruled that there is no private right of action for association members to sue the regulatory body when it doesn't follow its own rules.

A broker that was a registered member of a FINRA affiliated broker sought to bring an individual lawsuit against the organization due to an alleged failure to abide by their own rules. Unfortunately for that broker, the appellate court agreed with the district court's dismissal of his case due to there being no law authorizing a private right of action against FINRA.

Lawyers' Feud Stifles Class Action Settlement

It is an old feud with a new twist.

Bock & Hatch used to share work with Anderson& Wanca against companies that sent out unsolicited faxes. The alliance broke up with bad blood years ago.

In Technology Training Associates v. Buccaneers Limited Partnership, that feud is back in the news. Now the case is more about the lawyers than the litigants.