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Eleventh Circuit reverses Order Granting Judgment on the Pleadings in Perez v. Wells Fargo

In Perez v. Wells Fargo, No. 13-13853 (Dec. 18, 2014), the Eleventh Circuit reversed an order granting judgment on the pleadings for defendant Wells Fargo and denying the plaintiff an opportunity to file an out-of-time answer to Wells Fargo’s counterclaim. The Court also reversed the district court’s order denying the plaintiff’s motion to amend her […]

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Eleventh Circuit Holds Employer Lacks Standing to Enjoin Treasury Department from Postponing the “Employer Mandate” of the Patient Protection and Affordable Care Act

In Kawa Orthodontics, LLP v. Sec’y, U.S. Dep’t of the Treasury, No. 14-10296 (Dec. 2, 2014) the Eleventh Circuit upheld the dismissal of a challenge to the Treasury Department’s delayed enforcement of the “employer mandate” under the Patient Protection and Affordable Care Act (ACA). From early 2013 through mid June of the same year, Plaintiff-Appellant, […]

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Eleventh Circuit Finds Florida’s Mandated Temporary Assistance for Needy Families’ (“TANF”) Suspicionless Drug-Testing Requirement a Violation of Fourth Amendment

In Lebron v. Sec’y of Fla. Dep’t of Children and Families, No. 14-10322 (December 3, 2014), the Eleventh Circuit held that Florida’s required suspicionless drug-testing for those seeking Temporary Assistance for Needy Families benefits was unconstitutional as a violation of the Fourth Amendment protection against unreasonable searches because the State failed to meet its burden […]

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Eleventh Circuit Protects the Sale of a Litigation Interest from High Rates of Taxation

In Long v. Commissioner of IRS, No. 14-10288 (Nov. 20, 2014), the Eleventh Circuit held that a party’s sale of their position in a lawsuit constitutes a “capital asset”, thus may be taxed as a capital gain, instead of ordinary income.  The court also held that an agreement selling an interest in a joint venture […]

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Eleventh Circuit Holds Standing Exists and Claim for Injunctive and Declaratory Relief from Garnishment of Exempt Funds Not Moot Despite Reimbursement

In Strickland v. Alexander, No.  13-15483 (Nov. 20, 2014), the Eleventh Circuit addressed whether a judgment debtor could maintain a suit for injunctive and declaratory relief for the wrongful garnishment of exempt worker’s compensation funds despite the dismissal of the garnishment proceeding and reimbursement of exempted funds.  The Court held that the plaintiff debtor had […]

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But Whose Shoes? Revisiting the Parol Evidence Rule for Insurance Contracts in Georgia

In St. Paul Mercury Ins. Co. v. FDIC, No. 13-14228 (Dec. 17, 2014), the Eleventh Circuit revisited and clarified Georgia law regarding insurance contract provisions. After being appointed as receiver for the failed Community Bank & Trust (“CB&T”), the FDIC instituted an action against former bank officers alleging gross negligence and breaches of fiduciary duty […]

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Eleventh Circuit Holds That Plaintiffs’ Rejection of Rule 68 Offers Does Not Moot Their Claims

In Stein v. Buccaneers LP, No. 13-15417 (Dec. 1, 2014), the Eleventh Circuit held that a defendant may not moot a class action by offering the named plaintiffs complete relief before those plaintiffs have moved to certify the class. First, an individual plaintiff’s claim is not mooted by an unaccepted offer of complete relief. Second, […]

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Eleventh Circuit Determines Motion for a Sentence Reduction is Properly Denied When a Prisoner Offers No Justification to Depart From a Previously Affirmed Finding

In United States v. Anderson, No. 13-12945 (Nov. 19, 2014), the Eleventh Circuit considered the denial of Anderson’s second motion for a sentence reduction based on Amendment 750 of the United States Sentencing Guidelines and identified three issues on appeal: (1) whether the district court had jurisdiction to consider Anderson’s renewed 18 U.S.C. § 3583(c)(2) […]

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Eleventh Circuit Rejects 42 U.S.C. § 1983 Due Process Challenge to Pre-Termination Hearings of a Tenured Professor at Georgia Tech

In Laskar v. Peterson, 771 F.3d 1291 (11th Cir. 2014), the Eleventh Circuit held that a tenured professor was provided adequate procedural due process under the Fourteenth Amendment despite not having a chance to present his case directly before the president of the terminating institution. Joy Laskar, Ph.D is an electrical engineer who was a […]

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Eleventh Circuit Considers Complaint Dispositive in Assessing Subject Matter Jurisdiction

In Calderon v. Baker Concrete Construction, Inc., No. 14-10090 (11th Cir. Nov. 14, 2014), the Eleventh Circuit reversed a dismissal of a complaint for lack of subject matter jurisdiction handed down by the United States District Court for the Southern District of Florida. The court held that because the plaintiffs’ complaint alleged a cause of […]

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