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Eleventh Circuit Upholds Mini-Miranda Warnings and Maintains That Individual Caller’s Identity Not Required to Satisfy FDCPA

Eleventh Circuit Upholds Mini-Miranda Warnings in Initial Voicemail to Debtor, Maintains that Individual Caller’s Identity Not Required to Satisfy Fair Debt Collection Practices Act. Gilbert Oladeinbo* Recently, in Hart v. Credit Control, LLC, No. 16-17126 (11th Cir. 2017), the Eleventh Circuit determined two questions of interpretation of the Fair Debt Collection Practices Act (FDCPA).  First, […]

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Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft

Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft Michael Ackerman* On April 23, 2016, Jhonathan Tejas approached a United States Postal Service (“USPS”) delivery vehicle and requested a package from the mail carrier. United States v. Tejas, No. 16-16336, 2017 WL 3611975, at *1 (11th Cir. Aug. 23, 2017). When the carrier refused, […]

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Eleventh Circuit Defers to International Arbitrator’s Venue Determination

Eleventh Circuit Defers to International Arbitrator’s Venue Determination Ben Torres* The Eleventh Circuit recently affirmed the power of arbitrators to interpret international venue disputes in Bamberger Rosenheim, Ltd. v. OA Development, Inc., 862 F.3d 1284, 1286 (11th Cir. 2017). In that case, a real estate developer from Georgia, OA Development, Inc. (“OAD”), entered into a […]

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Eleventh Circuit Affirms Drug and Firearm Conviction in United States v. Lange

Eleventh Circuit Affirms Drug and Firearm Conviction in United States v. Lange Alex Weathersby* Arthur Kyle Lange sold guns and drugs five separate times to a government informant. United States v. Lange, 862 F.3d 1290, 1292 (11th Cir. 2017). He pled guilty to various offenses related to the transactions, and the United States District Court […]

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Eleventh Circuit Aces Civil Procedure Exam in Thermoset Corp.

Eleventh Circuit Aces Civil Procedure Exam in Thermoset Corp. Steven Zavodnick* Acting sua sponte, the Eleventh Circuit reaffirmed the maxim that federal courts are courts of limited subject matter jurisdiction and vacated the district court’s order of summary judgment to the defendants in Thermoset Corp. v. Building Materials Corp. of America, 849 F.3d 1313, 1315 […]

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Eleventh Circuit Upholds Ineligibility of Sentence Reduction Following Plea Agreement in United States v. Hughes

Eleventh Circuit Upholds Ineligibility of Sentence Reduction Following Plea Agreement in United States v. Hughes Katie Wroten* Defendant’s appeal in United States v. Hughes, 849 F.3d 1008 (11th Cir. 2017), follows the Northern District of Georgia Court’s decision to deny a sentence reduction previously agreed upon in a plea arrangement. Because the sentence in the […]

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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 […]

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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 […]

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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). […]

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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 […]

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