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

June 2016 Archives

'Docs v. Glocks' in 11th Circuit: Gun Rights or Free Speech?

The Florida Firearm Owners Privacy Act, odiously nicknamed 'Docs v. Glocks,' is being debated in federal court that has physicians on one side and gun rights activists on the other. It's been five years since the Florida law passed, and all eyes are on the Federal Court in Atlanta.

Most people see this as a doctors versus gun owners issue, but many lawyers see it as a First Amendment versus Second Amendment issue. What do you think is the correct way to interpret this debate?

Greenpeace Wields RICO Claim, Gets Hit Back

When Greenpeace submitted a complaint alongside other environmental groups pushing for the investigation of BigOil and their friends, it looked as if the interest group had finally found a vulnerable point in the giant's armor. Greenpeace then used RICO to pry open an even larger vulnerability.

But RICO can giveth, and it can taketh away, as Greenpeace is now aware. The Canadian paper-pulping company Resolute Forest Products recently filed its own RICO suit in Georgia federal court, alleging that Greenpeace and its affiliates have waged a defamatory "enterprise" against the company.

11th Circuit Applies Vagueness Principles in Favor of Defendant

Here is another ruling by an appeals court that favored the petitioning defendant. In the case of In Re: Recardo Pinder, the criminal defendant appealed the heightened penal sentence and successfully showed the higher appellate court that he'd brought "a new rule of constitutional law" before the court.

It was a long shot, but it did the trick.

Are You a Creditor? Your Proof of Claim Could Violate FDCPA

Creditors should tread lightly when filing proofs of claims against a debtor -- at least under the recent ruling at the Eleventh Circuit in Johnson v. Midland. According to that federal appeals court, collectors could potentially be liable under the Fair Debt Collection Practices Act if the collector knows the debt to be time-barred.

The court's decision changes the collectors' analysis substantially from "why not?" to "that's why."