U.S. Court of Appeals for the Eleventh Circuit News

Appeals court says IRS can proceed with injunction against Sarasota medical practice for unpaid taxes

By Marian Johns | May 31, 2019

The U.S. Court of Appeals for the 11th Circuit has overturned a ruling by the U.S. District Court for the Middle District of Florida, clearing the way for the Internal Revenue Service to proceed with an injunction against a Sarasota medical practice that has failed to pay federal employment taxes for nearly 10 years, despite facing IRS levies and liens.

Appeals court: Orlando business sued too quickly amid insurance dispute, not getting attorney fees

By Marian Johns | Apr 25, 2019

A federal appeals panel has denied an Orlando business' try to force an insurance company to pay its attorneys' fees, saying the business jumped the gun in suing its insurer before the contractually-required appraisal process had a chance to play out.

Court denies Eleventh Amendment immunity to sheriff's office

By Tomas Kassahun | Jan 1, 2019

The U.S. Court of Appeals for the Eleventh Circuit has ruled that the Hillsborough County Sheriff’s Office is not entitled to Eleventh Amendment immunity when conducting child-protective investigations.

Court rules against teacher applicant who refused drug test

By Tomas Kassahun | Dec 30, 2018

The U.S. Court of Appeals for the Eleventh Circuit has ruled against a woman who was denied a substitute teacher position because she refused to take a drug test.

Philip Morris loses appeals in post-trial motions over negligence lawsuit filed by smoker

By Charmaine Little | Dec 9, 2018

The U.S. Court of Appeals for the 11th Circuit denied several appeals made by Philip Morris over a trial that awarded a woman damages for smoking-related diseases.

Child abduction allegation remanded to lower court to investigate travel consent between mother and father

By Charmaine Little | Dec 8, 2018

The U.S. Court of Appeals for the 11th Circuit determined it couldn’t decipher the domestic details of a case in which a Colombian man filed a suit for his minor daughter to be brought back to the country with him.

Summary judgement denied on appeal in case of deaf patient not provided with sign language interpreter at Lifemark Hospitals

By Megan Sims | Dec 4, 2018

An appeals court reversed a decision to grant a motion for summary of judgement to Lifemark Hospitals after a deaf man claimed his rights had been impeded upon during a mental evaluation.

Taxicab firms lose appeal in suit regarding Uber, Lyft operations in Miami-Dade

By Asia Mayfield | Aug 8, 2018

The 11th U.S. Circuit Court of Appeals recently affirmed a decision by the U.S. District Court for the Southern District of Florida to dismiss a suit filed by Florida taxicab companies against Miami-Dade County over taxicab medallions.

Appeals court backs Brazilian company in domain name dispute

By Asia Mayfield | Aug 8, 2018

The 11th U.S. Circuit Court of Appeals recently affirmed a district court ruling in a dispute regarding the registration of a domain name.

U.S. Court of Appeals affirms decision in Duke Energy Florida class-action suit

By Jim Tyrrell | Jul 14, 2018

The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision in favor of Duke Energy Florida and Florida Power & Light Company in a putative class-action lawsuit.

Appeals court remands Venezuelan case back to district court in Florida

By Karen Kidd | Jul 11, 2018

ATLANTA (Florida Record) – A case filed by the Comparelli family, who wants U.S. federal courts to decide their damages claim against Venezuela and two chemical firms over the 2010 seizure of their Venezuelan companies, is on its way back to the U.S. District Court for the Southern District of Florida after a federal appeals court recently ruled that the district court has jurisdiction after all.

Appeals court sides with Fort Lauderdale college in NLRB case

By Karen Kidd | Jul 10, 2018

ATLANTA (Florida Record) — A Fort Lauderdale college prevailed in a recent federal appeals court decision that said the college did not violate the National Labor Relations Act (NLRA) when it required that employee disputes be resolved in individual arbitration.

Creditors, investors appeal dismissal of suit against Citigroup claiming $1.1 billion in losses

By Karen Kidd | Jun 28, 2018

MIAMI (Florida Record) – A group of investors and creditors who claim they lost $1.1 billion in a bankrupt Mexican oil services firm are appealing their racketeering and corruption lawsuit against Citigroup Inc. after a federal judge in the U.S. District Court for the Southern District of Florida, Miami Division, dismissed the case earlier this month.

Wrongful death case in Marine captain's 2010 death remanded to Florida district court

By Nicholas Echevarria | Apr 26, 2018

ATLANTA (Florida Record) — The wrongful case of a 26-year-old U.S. Marine captain killed in a plane crash in 2010 is on its way back to a district court in Florida after a Georgia appeals court denied a defense counsel appeal that the case should be dismissed "on political question grounds."

Federal court rejects time limitation finding in Iraq corruption case

By Amanda Thomas | Apr 22, 2018

A federal judge has revived a whistleblower’s False Claims Act lawsuit that accuses two U.S. military contractors in Iraq of bribery and rigging bids.

Miami attorney suspended following conviction on SEC charges in StratoComm attorney letters fraud

By Karen Kidd | Apr 2, 2018

TALLAHASSEE (Florida Record) — Miami attorney Stewart Alan Merkin, practicing in Florida for about 45 years, has been suspended following a Aug. 24 Florida Supreme Court after his conviction on U.S. Security And Exchange Commission allegations that he violated federal securities laws, according to a recent announcement by The Florida Bar.

Court affirms summary judgment backing Sam's Club in personal injury case

By Robert Davis | Mar 24, 2018

ATLANTA - The 11th Circuit Court of Appeals affirmed a summary judgment decision by a district court in favor of Sam's Club. The decision was appealed by a customer who was injured after slipping and falling on a slippery substance in the frozen food aisle inside one of Sam's Club stores.

64-year-old's layoff financially motivated, doesn't violate federal law, 11th Circuit rules

By Karen Kidd | Feb 13, 2018

The layoff of a 64-year-old Jacksonville maritime employee whose job was then held by a much younger co-worker in 2014 didn't violate federal law and was motivated by financial factors, an appeals court recently ruled.

Attorney's conduct results in $5,000 sanction order

By Angela Underwood | Dec 4, 2017

ATLANTA -- The 11th Circuit Court of Appeals affirmed a sanction order against an attorney who admitted she was wrong but then went back on her word.

Federal appeals court affirms district court in securities fraud case

By John Sammon | Dec 1, 2017

ATLANTA - The U.S. Court of Appeals for the 11th Circuit affirmed Nov. 1 the dismissal of a complaint and denial of a motion to move the case to a Florida state court made by a broker accused of alleged securities fraud.

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