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

November 2010 Archives

Wooten v. Quicken Loans, Inc., No. 08-11245

Real Estate Settlement Procedures Act Action Dismissed

In Wooten v. Quicken Loans, Inc., No. 08-11245, an action for violation of the Real Estate Settlement Procedures Act, the court affirmed the dismissal of the complaint where, in connection with a residential mortgage loan, charging a loan discount payment -- otherwise known as "points" or "discount points" -- to provide a specific, below-market interest rate did not constitute the "rendering of a real estate settlement service" within the meaning of 12 U.S.C. section 2607(b).

  • Atwater v. Nat'l. Football League Players Ass'n., No. 09-12556

    Action Concerning Financial Advice to NFL Players

    In Atwater v. Nat'l. Football League Players Ass'n., No. 09-12556, an action by former NFL players claiming that the NFL performed an inadequate investigation of financial advisors with whom the players invested, the court affirmed partial summary judgment for defendants where section 301 of the Labor-Management Relations Act preempted plaintiffs' state-law claims.

  • Long v. US, No. 09-16232

    Denial of Motion to Vacate Sentence Vacated

    In Long v. US, No. 09-16232, petitioner's appeal from the district court's dismissal of his motion to vacate, set aside, or correct sentence, as untimely, the court vacated the order where the district court violated Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992), by failing to address petitioner's claim that he was entitled to statutory tolling of the limitations period pursuant to 28 U.S.C. section 2255(f)(4) and Aron v. United States, 291 F.3d 708 (11th Cir. 2002), due to trial counsel's failure to file a requested direct appeal.

    US v. Turner, No. 09-15074

    Child Pornography Sentence Affirmed

    In US v. Turner, No. 09-15074, the court affirmed defendant's 300-month sentence for receiving child pornography, holding that 1) defendant's argument that the "pattern of activity" must be between the past sexual abuse and the current offense to justify a sentencing enhancement lacked merit; 2) under the totality of the circumstances, and giving due deference to the district court's determination that the section 3553(a) factors, on the whole, justified a 90-month variance, the court could not say the district court abused its discretion in imposing a total 300-month sentence.

    Youmans v. Gagnon, No. 09-15113

    Reversal of Denial of Summary Judgment Based on Qualified Immunity in Civil Rights Matter

    In Youmans v. Gagnon, No. 09-15113, an action alleging that defendant-officer, by booking and questioning plaintiff before seeking medical care for his injuries, was deliberately indifferent to plaintiff's serious medical need in violation of Fourteenth Amendment rights, the denial of summary judgment based on qualified immunity is reversed where neither the "serious medical need" nor the "deliberate indifference" element was established with such clarity that an objectively reasonable police officer in defendant's place would have been on advance notice that defendant's acts in this case would certainly violate the Constitution.

    Pourmoghani-Esfahani v. Gee, No. 10-10020

    Excessive Force Action

    In Pourmoghani-Esfahani v. Gee, No. 10-10020, a 42 U.S.C. section 1983 case alleging that defendant applied excessive force to plaintiff and was deliberately indifferent to her serious medical needs while plaintiff was detained at the Hillsborough County Jail in Tampa, Florida, the court affirmed in part the denial of summary judgment based on qualified immunity for defendants, holding that the force defendant used was obviously--in the light of the preexisting law--beyond what the Constitution would allow under the circumstances.  However, the court reversed in part where the medical treatment that plaintiff received would support no conclusion of deliberate indifference by defendant.