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

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.

Appeals Court sides with Volusia County in termination of beach officer over Facebook posts

By David Hutton | Sep 27, 2017

A Volusia County Beach Safety officer has lost his appeal before the U.S. Court of Appeals for the 11th Circuit in an effort to keep his job after he was fired for racially charged comments he made on social media about Trayvon Martin.

Judge grants Patheon $18.5M in fees following win in 'unpleasant and nasty' antitrust lawsuit

By Karen Kidd | Sep 25, 2017

A Florida federal court recently granted pharmaceutical manufacturer Patheon Inc.'s request for approximately $18.5 million in attorneys' fees and defense costs following the company's win in an antitrust lawsuit late last year.

U.S. Court of Appeals for the 11th Circuit vacates order to deny class-action certification in debt collection case

By Chandra Lye | Sep 22, 2017

The U.S. Court of Appeals for the 11th Circuit has vacated a lower court's decision to deny class-action status in a lawsuit involving debt collection.

U.S. Court of Appeals for the 11th Circuit sides with body shops in battle against insurance companies

By Sara McCleary | Sep 20, 2017

A panel of judges for the U.S. Court of Appeals for the 11th Circuit has overturned a decision from a lower court that had dismissed complaints filed by five auto body shops against State Farm, alleging federal antitrust and state tort claims.

Federal appeals court sides with Multiquimica Dominicana in dispute over unpaid goods

By Dee Thompson | Sep 14, 2017

A federal appeals court has affirmed a lower court's decision to award a paint manufacturer based in the Dominican Republic the right to recover money from an American company.

Florida appeals court upholds preliminary injunction against City of Miami Beach

By Laura Halleman | Aug 31, 2017

The U.S. Court of Appeals for the 11th Circuit has upheld a lower court’s decision to allow a preliminary injunction that stops the City of Miami Beach from enforcing two new ordinances to stop what it alleges was aggressive handbilling along Lincoln Road in the city's art deco historic district.

Federal judge rules that Telephone Consumer Protection Act allows consumers to revoke consent to automated calls

By Kathy Kaye | Aug 18, 2017

A federal judge for the U.S. Court of Appeals for the 11th Circuit has ruled that the Telephone Consumer Protection Act (TCPA) allows a consumer to partially revoke consent to being called by an automatic telephone dialing system.

U.S. Court of Appeals for the 11th Circuit rules that victim of tax fraud still liable for IRS payments

By Olivia Olsen | Aug 16, 2017

A federal appeals court has affirmed a lower court's decision to rule in favor of the Internal Revenue Service (IRS) in a tax fraud case involving William Kardash.

U.S. Court of Appeals for the Eleventh Circuit rules City of Doral improperly terminated police officer

By Glenn Minnis | Aug 9, 2017

The U.S. Court of Appeals for the Eleventh Circuit has reversed a Florida district court’s ruling to dismiss a case in which a former Doral police officer sued the city’s mayor for allegedly violating his freedom of speech rights.

Eleventh Circuit rules insurance companies used in Ponzi scheme not liable for coverage

By David Hutton | Aug 3, 2017

In one of the final remnants of a Ponzi scheme orchestrated by Scott Rothstein, the U.S. Court of Appeals for the Eleventh Circuit has ruled that the insurance companies for a bank that was a part of the elaborate scam are exempt from paying out $25 million of a settlement between the bank and some of the victims.

Judge dismisses claim that Wall-Street.com infringed on copyright

By Elizabeth Alt | Jun 7, 2017

ATLANTA — Circuit Judge William Pryor dismissed a copyright infringement suit against Wall-Street.com after several divided court judgments.

11th Circuit rules sanctions against Florida attorney are appropriate

By Dee Thompson | Apr 21, 2017

ATLANTA — The 11th Circuit Court has ruled that a Florida attorney deserved the sanctions imposed by a lower court in a case involving insurance fraud.

Kardashians may be seeking arbitration in trademark case for privacy, cost

By Cheyenne Dickerson | Mar 17, 2017

TALLAHASSEE — In the trademark case between the Kardshians and Kroma Makeup EU LLC, the Kardashians might be pushing to compel arbitration for privacy, said Sarah Bro, partner with McDermott Will & Emery LLP.

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