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

March 2014 Archives

11th Cir. Upholds Protest Buffer Law While SCOTUS Considers Same

Two cases. Both involve abortion protests. Both have time/place/manner restrictions via a buffer zone, keeping protestors away from their intended location. One law, content-neutral, survives. The other? We'll see.

Therein lies the lesson, municipalities -- mask your ordinances in content-neutral draperies, and they're far more likely to survive.

11th Cir. Is Super Busy, Super Quick: Judiciary Report

The Eleventh Circuit is one of the busiest and quickest federal appeals courts in the nation, according to a recently released "Judicial Caseload Profile" of the court released by the judiciary.

The report presents statistics on the work of the Federal Judiciary for the fiscal year ending September 30, 2013, comparing data for this year to data for prior years.

Fla. Out-of-State Gay Marriage Challenge Brought by ACLU

Gay marriage advocates aren't skipping a beat in the Eleventh Circuit, as the ACLU has filed suit on behalf of eight gay couples challenging Florida's refusal to acknowledge out-of-state gay marriages.

According to a press release, the American Civil Liberties Union (ACLU) filed suit on Thursday, naming Florida Gov. Rick Scott and Attorney General Pam Bondi as defendants in seeking to have the Sunshine State recognize legal same-sex marriages performed in other states.

Will this gay marriage challenge be much different than those in other circuits?

Are Security Screenings Compensable Under the FLSA?

The U.S. Supreme Court has granted a petition to review whether workers at a Nevada warehouse may be entitled to compensation under the Fair Labor Standards Act for time spent going through security screenings while off the clock.

Though the case stems from the Ninth Circuit, the High Court's decision could impact the Eleventh Circuit, especially since the two circuits' rulings conflict with each other.

The Court recently denied pay for changing clothes before work. Is there a difference between pre-shift safety gear and post-shift security checks?

Poultry Handlers Use RICO to Sue Over Illegal Immigrant Coworkers

Mellissa Simpson started at $8.50 per hour in 2008. When she quit in 2010, she was making $11.40.

Sabrina Roberts made $8.50 to start in 2009, and $11.55 when she left in 2010.

Were these unskilled poultry handlers underpaid? Better yet, were they underpaid because their wages were artificially suppressed by the alleged hiring of a pool of undocumented immigrant workers?

This was the crux of their class action civil RICO argument, one that just got Twombley'd in the Eleventh Circuit.