Eleventh Circuit RSS feed for this section

From Russia without Love

  From Russia without Love *Chris Collins After dissolving their 16 year marriage, Anna Sergeeva, Appellee, and Mikhail Leopoldovich Dubin pursued a division of marital assets in Hoamvnischesky District Court of Moscow.  Sergeeva v. Tripleton Int’l Ltd., No. 15-3008, 2016 WL 4435616, at *1 (11th Cir. Aug. 23, 2016).  Ms. Sergeeva claimed that her ex-husband […]

Read more

Products Liability Suit Against Gun Manufacturer Can Proceed

In Seamon v. Remington Arms Co., 813 F.3d 983 (11th Cir. 2016), the Eleventh Circuit held that the district court had abused its discretion in excluding the plaintiff’s expert witness’s opinion. The record showed that Kenneth Seamon went hunting in late 2011 and was later found in his elevated tree stand, dead of a single […]

Read more

Eleventh Circuit Upholds Opt-Out Requirement for Religious Nonprofits

In Eternal Word Television Network, Inc. v. Secretary of the U.S. Department of Health and Human Services, et al., 2016 WL 659222 (11th Cir. Feb. 18, 2016), the Eleventh Circuit considered the constitutionality of the opt-out procedure for the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA), 42 U.S.C. § 300gg–13(a)(4) (2012). […]

Read more

Eleventh Circuit Requests Supreme Court of Georgia’s Help in HSA-Bankruptcy Question

In In re Mooney, No. 15–11229, 2016 WL 537076 (11th Cir. Feb. 11, 2016), the Eleventh Circuit certified three questions about a Georgia bankruptcy statute for the Georgia Supreme Court. Even though bankruptcy proceedings are generally governed by federal law, each state is allowed to specify a list of exemptions. Thus, the Eleventh Circuit decided […]

Read more

Eleventh Circuit Finds for Taxpayer in Conservation Easement Deduction Dispute

In Palmer Ranch Holdings, Ltd., v. Commissioner, 812 F.3d 982 (11th Cir. 2016), the Eleventh Circuit affirmed a lower tax court’s determination of a land parcel’s “highest and best use” but reversed the court’s reduced valuation on the same parcel. Palmer Ranch, Inc., attempted a sale of land, labeled B-10, which encompassed a wildlife corridor […]

Read more

Eleventh Circuit Clarifies Understanding of AEDPA’s “Second or Successive” Requirement

In Patterson v. Secretary, Florida Department of Corrections, No. 12–12653, 2016 WL 373336 (11th Cir. Jan. 29, 2016), the Eleventh Circuit reversed the Northern District of Florida’s decision to dismiss petitioner Ace Patterson’s habeas petition as “second and successive” under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(b) (2012). The Eleventh […]

Read more

Agent: The Arm of a Principle, but Not Necessarily the [Stage]hand

On February 14, 2016, the Eleventh Circuit vacated a decision of the National Labor Relations Board (the Board), finding that the Board incorrectly applied the common law of agency to Crew One, a stagehand referral company in the Atlanta area. See Crew One Productions, Inc. v. National Labor Relations Board, No. 15–10429, 2016 WL 403201 […]

Read more

Eleventh Circuit Denies Stay of Execution Despite Challenges to the Georgia’s Secrecy Act

In Jones v. Commissioner, Georgia Department of Corrections, No. 16–10277, 2016 WL 384695 (11th Cir. Feb. 2, 2016), the Eleventh Circuit, in a two-part decision, denied the petitioner, Brandon Jones’s, motion to stay an execution and attached request for an en banc hearing. Jones was an inmate on Georgia’s death row scheduled for execution on […]

Read more

Eleventh Circuit Affirms Grave Risk Exception to the Hague Convention in Denying Child’s Return to Venezuela

In Gomez v. Fuenmayor, No. 15­–­­­12075, 2016 WL 454037 (11th Cir. Feb. 5, 2016), the Eleventh Circuit affirmed the Southern District of Florida’s denial of Hayet Gomez’s (“Gomez”) petition to have her daughter, M.N., returned to her custody in their native Venezuela.  This appeal arose out of an international custody battle fraught with danger and […]

Read more

Eleventh Circuit Determines Ex-Wife Reading Ex-Husband’s Work Emails Violated The Stored Communications Act

In Vista Marketing, LLC v. Burkett, No. 14–14068, 2016 WL 425165 (11th Cir. Feb. 4, 2016), the Eleventh Circuit found that the defendant violated the Stored Communications Act, 18 U.S.C. §§ 2701–2712 (2012) (SCA) by accessing her ex-husbands work email account. The defendant accessed the email account in an attempt to find evidence her husband […]

Read more