January 2015 RSS feed for this section

Eleventh Circuit Upholds District Court’s Grant of Summary Judgment in Workers’ Compensation Case

In Morales v. Zenith Insurance Company, No. 12-11755 (Jan. 22, 2015), the Eleventh Circuit Court of Appeals upheld the district dourt’s grant of summary judgment in favor of Zenith, holding that the workers’ compensation exclusion barred Zenith from covering the $9.525 million tort judgment at issue in this case. This case arose from a breach […]

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Eleventh Circuit Affirms Denial of Tax Credits for Funded Research in a Fact-Sensitive Inquiry

n Geosyntec Consultants, Inc. v. United States, No. 14-11107 (Jan. 29, 2015), the Eleventh Circuit affirmed summary judgment in favor of the United States on Geosyntec’s claims that some of its research fell under 26 U.S.C. § 41 and should garner research tax credits. Geosyntec, an environmental engineering firm, filed suit in 2012 seeking a […]

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Eleventh Circuit Holds District Court Lacks Subject-Matter Jurisdiction Over Challenge to FTC Action While Administrative Proceeding Ongoin

LabMD v. Federal Trade Commission, No. 14-12144 (Jan. 20, 2015). Facts: LabMD is an Atlanta-based laboratory that performs cancer-detection tests for doctors.  When the FTC discovered that LabMD patient information files were available on a peer-to-peer file-sharing network, the FTC launched an investigation into LabMD’s data-security practices.  During this time, LabMD’s CEO, Michael Daugherty, posted […]

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Eleventh Circuit Determines Department of Corrections Officials Protected by Qualified Immunity Following Prison Hunger Strike

In Jackson v. Warden Humphrey, et al., No. 14-10183 (Jan. 13, 2015), the Eleventh Circuit reversed the district court’s ruling that the defendants were not entitled to qualified immunity for their actions following the end of a prison hunger strike. Before the Eleventh Circuit was Mrs. Jackson’s civil rights action under 42 U.S.C. § 1983. […]

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Eleventh Circuit Holds Publication of Consumer’s Credit Report Not Necessary for Actual Damages Under Fair Credit Reporting Act

In Collins v. Experian Information Solutions, No. 14-11111 (Jan. 5, 2015), the Eleventh Circuit reversed the district court’s grant of summary judgment and held that a consumer’s credit report need not be published to a third party in order to entitle the consumer to actual damages under § 1681i(a) of the Fair Credit Reporting Act. […]

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Eleventh Circuit Remands Voting Rights Act Case Due to Procedural Errors

In Ga. State Conference of the NAACP v. Fayette Cnty. Bd. of Comm’rs., Nos. 14-11202 & 14-11204 (Jan. 7, 2015), a three-judge panel of the Eleventh Circuit reversed the district court’s grant of summary judgment to the plaintiff and remanded for further proceedings. The Georgia Conference of the NAACP and ten African-American registered voters in […]

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Federal Statutes Exempting Fannie Mae and Freddie Mac from State Taxation Also Preclude Real Estate Transfer Taxes

In Montgomery County Commission v. Federal Housing Finance Agency, No. 13-12615 (Jan. 16, 2015), the Eleventh Circuit affirmed that Fannie Mae, Freddie Mac, and the Federal Housing Finance Agency are exempt from paying state real estate transfer taxes, and that the exempting federal statutes are otherwise constitutional. Congress enacted statutory exemptions from “all taxation . […]

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Eleventh Circuit Reverses Denial of Motion to Dismiss Wrongful Termination Claims on Grounds of Eleventh Amendment Immunity

In Pellitteri v. Prine, No. 13-14297 (Jan. 13, 2015), the Eleventh Circuit reversed the District Court’s denial of Defendant Chris Prine’s motion to dismiss Plaintiff Felicia Pellitteri’s wrongful termination claims on grounds of Eleventh Amendment immunity. Plaintiff is a former deputy sheriff in Lowndes County Sheriff’s Office who injured her knee during the course of […]

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