September 2015 RSS feed for this section

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 Co., No. 15-10629 (11th Cir. Aug. 6, 2015), an unpublished case, the Eleventh Circuit held, under Alabama contract law, that an exclusion clause in a Crime Protection Policy provision of an insurance policy, excluding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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11th Circuit Finds That Florida’s Teacher Evaluation Model Has a Rational Basis

In Cook v. Bennett, 792 F.3d 1294 (11th Cir. 2015), the Eleventh Circuit affirmed the district court’s grant of summary judgment for Florida school districts and State Board of Education officials. In affirming the district court, the Eleventh Circuit agreed that seven public school teachers and their representative associations failed to present sufficient evidence showing […]

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Eleventh Circuit Remands Middle School Sexual Harassment Sting Operation Case

In Hill v. Cundiff, No. 13-15444, 2015 WL 4747048 (11th Cir. Aug. 12, 2015), the Eleventh Circuit affirmed in part and reversed in part the district court’s granting of summary judgment, and remanded for further proceedings. This case involves alleged rape at Sparkman Middle School in January of 2010. Jane Doe, then an eighth-grade student, […]

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Eleventh Circuit Upholds Alabama Department of Corrections Inmate Hair-Length Policy

In Knight v. Thompson, No. 12-11926, 2015 WL 4638873 (11th Cir. Aug. 5, 2015), the Eleventh Circuit upheld the Alabama Department of Corrections (ADOC) hair-length policy, finding the inmate hair-length requirement to be the least restrictive means of furthering the ADOC’s compelling interests. The ADOC requires that all male inmates maintain a short haircut, defined […]

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Eleventh Circuit Finds Third-Party Beneficiary Claim Adequately Stated in Alabama Lumber Class Action

In Lisk v. Lumber One Wood Preserving, 792 F.3d 1331 (11th Cir. 2015), the Eleventh Circuit held that the Federal Rule of Civil Procedure 23 (Rule 23) controls in a procedural conflict with the Alabama Deceptive Trade Practices Act (ADTPA). The court also held that the plaintiff adequately stated a claim for relief because Alabama […]

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