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

April 2012 Archives

Law Firm Marketing: How to Define Your Brand

After years of Head & Shoulders' "You never get a second chance to make a first impression" commercials, we're basically convinced that initial perceptions are how we will be judged in life. Sure, it was a marketing campaign, and we shouldn't base our life choices on what Madison Avenue says, but repetitive messages have a hypnotic effect.

For lawyers, that message is probably true. If a prospective client goes online to find an attorney and is unimpressed by a lawyer's website, the attorney probably won't get the gig. That's just one reason why lawyers need to focus on building an effective brand.

Eleventh Circuit Affirms Pay-for-Delay, Quotes Biggie Smalls

We generally don't get terribly excited about Federal Trade Commission (FTC) litigation, but the Eleventh Circuit Court of Appeals achieved the impossible this week: It literally made us laugh out loud while reading an anti-trust opinion.

The case, which examined a pharmaceutical pay-for-delay deal, is Federal Trade Commission v. Watson Pharmaceuticals, Inc., et al.

There's No Private Right of Action Under HAMP

It’s okay for a borrower to whine and complain if a bank denies his request for a mortgage loan modification, but doesn't mean that he has a claim that can withstand a 12(b)(6) motion.

This week, the Eleventh Circuit Court of Appeals ruled that the federal Home Affordable Modification Program (HAMP) does not give a homeowner a private cause of action against a bank.

Delivery Failure Doesn't Make Court 'Inaccessible'

When is a court procedurally inaccessible under Federal Rule of Appellate Procedure (FRAP) 26(a)(1)?

The Eleventh Circuit Court of Appeals considered the issue recently, and released an opinion on the matter this week in an immigration appeal.

Moral Code or FMLA Violation? Court Hears Jarretta Hamilton Case

Fourth grade teacher Jaretta Hamilton was fired after she told her boss at Southland Christian School that she planned to take maternity leave. While being pregnant was not cause for termination at the school, evidently, fornication was.

It doesn’t take a math teacher to calculate that Hamilton, who was due in October, must have conceived in January. That was a problem because Hamilton married in February. When asked when she conceived, Hamilton conceded that she became pregnant three weeks prior to her wedding, reports ABC News.

There Are No 'Harmless Errors' in FDCPA Violations

In debt collection — as in love — there is no such thing as a harmless error. Even when a plaintiff doesn’t suffer an actual, measurable harm, statutes can provide her with a cause of action that results in damages.

The Eleventh Circuit Court of Appeals recently highlighted one such case under the Fair Debt Collection Practices Act (FDCPA).

Are Examinations Under Oath Required for Insurance Payouts?

The Eleventh Circuit Court of Appeals certified a question to the Florida Supreme Court this week that could affect insurance claims in Florida.

The question is whether, under Florida Statute 627.736, an insurer can require an insured to attend an examination under oath (EUO) as a condition precedent to recovery of personal injury protection (PIP) benefits?

Eleventh Circuit: There's No Right to Speak Spanish in Rehab

One man's immersion program is another man's Bivens claim.

The Eleventh Circuit Court of Appeals ruled this week that Miami prison officials did not violate a Florida prisoner's free speech rights when they eliminated Spanish from a residential drug abuse program.