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

Recently in People and Events Category

Big headlines have been making the rounds about Jeffrey Epstein's non-prosecution agreement being invalidated by the federal district court in the Southern District of Florida.

In short, the agreement was reached in violation of the Crime Victims' Rights Act, which required federal prosecutors to inform victims of their rights before entering into a non-prosecution agreement with a suspect.

A recent ruling out of the Eleventh Circuit Court of Appeals confirms that judges can in fact order the release of secret grand jury proceedings for historians to study.

The case involved the "Moore's Ford Lynching" in 1946 which is believed to be the last mass lynching in the U.S. and a catalyst to the civil rights movement. Surprisingly (or perhaps not, given the attitudes of the times), despite hundreds of witnesses, no one was convicted of the murders, and there wasn't even a criminal case. A grand jury did convene, however, and one historian sought to break the secrecy of what went on behind the closed doors of that grand jury.

Trump Wins Another Judicial Appointment: Kevin Newsom for the 11th Cir.

President Trump may be losing some battles in the courts, but he is winning the war in remaking the federal judiciary.

The Senate handily approved the president's latest nominee, Kevin Newsom, for the U.S. Eleventh Circuit Court of Appeals. It marks Trump's fifth successful nomination, easily outpacing his recent predecessors in judicial appointments.

Barack Obama had no appointments in his first six months, and George W. Bush had only three in about the same time. The White House said Trump's success is due to political cooperation and "high-caliber nominees."

Things just got a little brighter for lawyers in the Sunshine state. FindLaw now has the best, easiest to use Florida statutes around.

Need to check out Florida incorporation laws? Here you go. Want to see if you need a license before selling that yacht? FindLaw's got you covered. Curious about Florida alligator laws? We've got that too. Best of all, it's all fast, easy, and free.

Last February, Ashley Diamond sued the Georgia Department of Corrections in federal court. A transgender woman, Diamond was housed in a men's prison, denied medical treatment, and repeatedly sexually assaulted, she alleged -- all while the state refused to take corrective action.

This Monday, she was unexpectedly granted parole. Her release comes months before her case was scheduled for review and less than three years into her 11 year sentence. Diamond's suit  shed light on the frequent neglect and abuse transgender inmates face and it quickly became a "thorn in the side of the Georgia Department of Corrections," according to The New York Times.

Don Siegelman, the former Governor of Alabama, lost his motion for a new trial last week. Siegelman was convicted of bribery, mail fraud and obstruction of justice in 2006, following an investigation that many Democrats argued was politically motivated, but which Republicans claimed revealed extensive corruption.

After a series of appeals, Siegelman moved for a new trial, based on allegations that U.S. Attorney Leura Canary participated in his prosecution after she had disqualified herself due to conflicts of interest. The Eleventh Circuit rejected his claims, finding that Canary's involvement did not deprive him of his right to a disinterested prosecutor.

11th Cir. Affirms Judgment for SEC in CyberKey Fraud Case

A company making USB drives discovered that honesty isn't just the best policy -- it's the only policy that the SEC likes. Following some questionable press releases and financial disclosures, the SEC investigated the company and its PR firm, then filed a civil action against them.

A jury found in favor of the SEC at trial. On appeal, the Eleventh Circuit affirmed the judgment in this case of a fairly ham-handed scheme to boost stock prices by lying (and not doing it very well).

The Top 11 Stories From the 11th Cir. for 2014

A federal judge allegedly gets into a physical fight with his wife. A lawyer gets "seized" at a security checkpoint when she refuses to take off her coat. A child pornographer gets a rehearing because his lawyer was late coming back from lunch.

These were among the most-viewed posts in FindLaw's U.S. Eleventh Circuit Blog this year (though, honestly, a lot of really good ones were missing; c'mon folks, what's wrong with bagel envy?).

For your reading enjoyment, here were the Top 11 blog posts (because it's the Eleventh Circuit, get it?) in 2014:

Fla. Orthodontist's Suit Against Obamacare Mandate Is Dismissed

The new hotness in suing over the Affordable Care Act took a hit at the Eleventh Circuit today, with the court denying relief to Kawa Orthodontics in a dispute over the delay of the ACA's employer mandate.

Kawa Orthodontics, owned by Larry Kawa (a noted figure in the Republican Party), apparently spent a bunch of money on figuring out how to comply with the mandate. Then, wouldn't you know it, the Treasury Department delayed enforcement of the employer mandate for another year, then another year. The bizarre thing is that, when Kawa filed its lawsuit, it didn't ask for that money back; rather, it just sought a declaratory judgment and injunction finding Treasury's delayed enforcement unlawful.

5 Things to Be Thankful for in the Eleventh Circuit

As we give thanks this year, we wondered, what is there to be thankful for in the Eleventh Circuit? It runs the gamut from the rural Alabama, north to the cosmopolitan Florida coast, with a heavy dose of swamp in between, so there are a lot of things to be thankful for.

Here are some of our favorites.