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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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