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Eleventh Circuit Decides Standard of Review for Department of Labor’s Review Board

In DeKalb County v. United States Department of Labor, No. 14-15435, 2016 WL 463455 (11th Cir. Feb. 8, 2016), the Eleventh Circuit found that even though the Department of Labor’s Administrative Review Board improperly applied a de novo standard of review, the misapplication was harmless error. Daisy Abdur-Rahman and Ryan Petty worked for the DeKalb […]

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Eleventh Circuit Finds Police Officer Not Entitled to Qualified Immunity in Shooting Death

In Perez v. Suszczynski, No. 14–13619, 2016 WL 125269 (11th Cir. Jan. 12, 2016), the Eleventh Circuit upheld denial of defendant’s summary judgment motion claiming qualified immunity in connection with a shooting death. Officers responded early one morning to an altercation between two women at a sports bar. Upon arrival, the officers ordered everyone in […]

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Eleventh Circuit Upholds Regulation to Protect Miners’ Health

In National Mine Association v. Secretary of the Department of Labor, Nos. 14-11942, 14-12163, 2016 WL 285019 (11th Cir. Jan. 25, 2016), the Eleventh Circuit upheld, over two separate challenges, a comprehensive regulation implemented by the Mine Safety and Health Administration (MSHA) called the New Dust Rule. The New Dust Rule implements several significant changes […]

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Eleventh Circuit Upholds OSHRC Decision and Imputes Supervisor’s Knowledge to Employer for Workplace Violations

The Eleventh Circuit considered an issue of first impression in Quinlan v. Secretary, No.–12347, 2016 WL 97602 (11th Cir. Jan. 8, 2016), upholding an Occupational Safety and Health Review Commission (OSHRC) decision on workplace safety violations.  The issue of first impression is whether a court can impute to an employer a supervisor’s knowledge of a […]

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Eleventh Circuit Decides Use of Rosa Parks’s Name and Likeness is a Matter of Public Interest Under Michigan Law

In Rosa and Raymond Parks Institute for Self Development v. Target Corp., No. 15-10880, 2016 WL 25495 (11th Cir. Jan. 4, 2016), the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of the defendant. The Rosa and Raymond Parks Institute for Self Development (the “Institute”) is a Michigan non-profit organization that […]

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Eleventh Circuit Finds Appeals Council of Social Security Administration Committed a Legal Error by Failing to Consider New Medical Evidence

In Washington v. Social Security Administration, 806 F.3d 1317 (11th Cir. 2015), the Eleventh Circuit reversed the district court’s decision to affirm the Social Security Administration’s denial of disability benefits and remanded the case for further proceedings. Mr. Washington applied for disability benefits, asserting that he was unable to work because he suffered from bipolar […]

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Eleventh Circuit Affirms Denial of Inmate’s Motion to Stay Execution

In Terrell v. Bryson, 807 F.3d 1276 (11th Cir. 2015), the Eleventh Circuit affirmed a district court’s denial of inmate Brian Terrell’s motion for a stay of execution. Terrell was sentenced to death for the murder of John Watson. Terrell argued that Georgia’s method of execution violated the Eighth Amendment’s prohibition of cruel and unusual […]

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Florida’s Firearm Owners Privacy Act Survives First and Fourth Amendment Challenge

In Wollschlaeger v. Governor of Florida, No. 12-14009, 2015 WL 8639875 (11th Cir. 2015), the Eleventh Circuit, on petition for rehearing, vacated its prior opinion in the same matter and substituted a new opinion in its place, reversing the district court’s grant of summary judgment in favor of several physicians and physician-advocacy groups and vacating […]

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Eleventh Circuit Affirms Florida Supreme Court’s Denial of Petition for Writ of Habeas Corpus

In Williamson v. Florida Department of Corrections, 805 F.3d 1009 (11th Cir. 2015), the Eleventh Circuit affirmed the Florida Supreme Court’s denial of Dana Williamson’s petition for writ of habeas corpus.  Williamson was sentenced to death after the jury found him guilty for the murder of the Decker couple and their two-year-old son.  Three years […]

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Eleventh Circuit Finds EPA’s Interim Report Does Not Constitute a Determination Under the Clean Water Act

In Riverkeeper v. EPA, 806 F.3d 1079 (11th Cir. 2015), the Eleventh Circuit dismissed a lawsuit brought by several environmental groups, which challenged the interim decision by the Environmental Protection Agency (EPA) not to revoke Alabama’s National Pollutant Discharge Elimination System (NPDES) permitting authority. The NPDES, established by the Clean Water Act, 33 U.S.C. § […]

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