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Eleventh Circuit Grants Summary Judgment for Police Officer in Fourth Amendment Claim Concerning a Terry-Like Stop

In Moore v. Pederson, No. 14-14201, 2015 WL 5438845 (11th Cir. Sept. 16, 2015), the Eleventh Circuit addressed an issue of first impression, holding that a stop (or equivalent conduct) under Terry v. Ohio, 392 U.S. 1 (1968), may not take place inside a person’s home without exigent circumstances. The court affirmed the district court’s […]

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Eleventh Circuit Upholds Dismissal of Habeas Corpus Petition

In Pineda v. Warden, No. 14-13772, 2015 WL 5521565 (11th Cir. Sept. 21, 2015), the Eleventh Circuit affirmed the lower court’s denial of the defendant’s petition for habeas under 28 U.S.C. § 2254 (1996). Section 2254(d) states that a federal court may only grant a habeas petition following a state court proceeding if the state […]

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Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test to Determine Whether Students Are Employees Under Fair Labor Standards Act

In Schumann v. Collier Anesthesia, P.A., No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. 11, 2015), the Eleventh Circuit adopted the Second Circuit’s “primary beneficiary” test to determine whether students and interns constitute “employees” for purposes of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”) (2012). Plaintiffs, 25 former student registered […]

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Eleventh Circuit Crops Real Estate Tycoon Out of the Picture

In Katz v. Google, Inc., No. 14-14525, 2015 WL 5449883(11th Cir. Sept. 17, 2015), the Eleventh Circuit upheld the district court’s grant of summary judgment, finding that Irina Chevaldina’s use of Raanan Katz’s copyrighted, candid photograph of himself constituted fair use. Raanan Katz is a commercial real estate tycoon who owns and operates shopping centers. […]

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Eleventh Circuit Decides Who Is Considered a “Debt Collector” Under the FDCPA

In Davidson v. Capital One Bank (USA), N.A., No. 14-14200, 2015 WL 4994733 (11th Cir. Aug. 8, 2015), the Eleventh Circuit interpreted the meaning of “debt collector” in the Federal Debt Collection Practices Act (FDCPA or the Act), 15 U.S.C. §§ 1692-92p (2015), and found that the respondent did not qualify as a debt collector, […]

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Eleventh Circuit Allows Miami Housing Discrimination C ase to Proceed

In City of Miami v. Bank of America Corp., No. 14-14543, 2015 WL 5102581 (11th Cir. Sept. 1, 2015), the Eleventh Circuit reversed the Southern District of Florida’s grant of a motion to dismiss the City of Miami’s Fair Housing Act claims against Bank of America, remanding the case back to the district court for […]

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Eleventh Circuit Affirms Dismissal of Alabama Lawsuit Against the PCI Gaming Authority

In Alabama v. PCI Gaming Auth., No. 14-12004, 2015 WL 5157426 (11th Cir. Sept. 3, 2015), the Eleventh Circuit affirmed the lower court’s dismissal of Alabama’s claims, finding that the defendants were entitled to tribal immunity on nearly all of Alabama’s claims and that the State failed to state a claim for relief. Alabama sued […]

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Eleventh Circuit Upholds Inventory Shortage Exclusion in Insurance Policy

In W.L. Petrey Wholesale Co. v. Great American Ins. Co., No. 15-10629 (11th Cir. Aug. 6, 2015), an unpublished case, the Eleventh Circuit held, under Alabama contract law, that an exclusion clause in a Crime Protection Policy provision of an insurance policy, excluding coverage for losses based on inventory comparisons, is valid, absent independent proof […]

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Eleventh Circuit Vacates Summary Judgment Against Plaintiffs in Slip and Fall Case

In Sorrels v. NCL (Bahamas), Ltd., 796 F. 3d 1275 (11th Cir. 2015), the Eleventh Circuit affirmed in part and reversed in part the district court’s evidentiary rulings regarding expert testimony, holding that an expert’s testing of a deck surface 520 days after a slip and fall was sufficiently reliable, and hence admissible. On April […]

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Eleventh Circuit Dismisses Bad Faith Claim Against Insurance Company

In Mesa v. Clarendon Nat’l Ins. Co. No. 14-12868, 2015 WL 5059496 (11th Cir. Aug. 28, 2015), the Eleventh Circuit found that Clarendon National Insurance Company adequately performed the good faith duty owed to the insured, and that the plaintiff’s claim of bad faith failed. Mesa, the victim in a car accident, sued Clarendon, the […]

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