March 2014 RSS feed for this section

Eleventh Circuit Upholds Board of Immigration Appeals Determination that Chinese Couple Would Not Be Subject to Persecution by Forced Sterilization If Returned to China

Wu v. U.S. Attorney General, No. 12-16150 (Mar. 18, 2014) is an immigration case about two Chinese nationals, Ru Cheng Zhang and Mu Ying Wu, who illegally entered the United States in the 1990s and were deported and removed respectively. Despite these orders, both remained in the United States, met, and married. After the couple […]

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Eleventh Circuit Upholds Constitutionality of City Ordinance Prohibiting Picketing, Denies Constitutionality of Loitering Provision in Ordinance

In Winnifred Bell v. City of Winter Park, Florida, No. 13-11499 (Mar. 20, 2014), the Eleventh Circuit decided whether the City of Winter Park’s Ordinance No. 2886-12, which generally prohibits targeted picketing within fifty feet of a residential dwelling, is an unconstitutional infringement on First Amendment freedom of speech. Comparing § 62-79 of the ordinance […]

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Eleventh Circuit Denies Relief to Winn-Dixie’s Lost Profits From Alleged Violations of Restrictive Covenants

Winn-Dixie operates approximately 500 grocery stores on leased properties in Alabama, Florida, Georgia, Louisiana and Mississippi. Winn-Dixie’s leases at these sites include restrictive covenants that limit grocery sales by other tenants. Winn-Dixie brought a diversity action against Dollar General, Dollar Tree and Big Lots alleging $90 million in lost profits due to the defendants’ violations […]

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Eleventh Circuit Decides Arbitration Agreements Barring Class Actions Are Enforceable For FLSA Claims

In Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (Mar. 21, 2014), the Eleventh Circuit held that an arbitration agreement, which waives an employee’s ability to bring a collective action under the Fair Labor Standards Act (“FLSA”), is enforceable under the Federal Arbitration Act (“FAA”). A group of plaintiff employees were trying to bring a […]

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Eleventh Circuit Determines When Calculating Money Laundering Adjusted Offense Levels: Consider Only Behavior Associated With the Laundering, Not the Underlying Offense

In United States v. Salgado, No. 12-15691 (March 14, 2014), the Eleventh Circuit clarified a rarely-explored nuance in the United States Sentencing Guidelines (“the guidelines”) as applied to multi-count convictions involving money laundering charges. The appellant claimed the district court erred when calculating the adjusted offense level of his money laundering conviction by considering his […]

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Eleventh Circuit Finds Deferential Standard Under AEDPA Precludes Granting a Death Row Inmate Federal Habeas Relief for Ineffective Assistance of Counsel

In Terrell v. Warden, No. 11-13660 (March 11, 2013), the Eleventh Circuit reviewed de novo the district court’s conclusions regarding a death row inmate’s federal habeas petition for ineffective assistance of counsel and ultimately found that the district court’s ruling was neither contrary to nor involved an unreasonable application of federal law, thus affirming a […]

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Eleventh Circuit Determines Whether “Test-Driving an Automobile” is an Essential Function of a FedEx Technician Position Under the ADA

In Richard Samson v. Federal Express Corporation, No. 12-14145 (March 26, 2014), the Eleventh Circuit reverses and remands a grant of summary judgment to Federal Express on Samson’s discrimination claim under the Americans with Disabilities Act (the “ADA”), 24 U.S.C. § 12101, et seq., and its Florida counterpart, the Florida Civil Rights Act (the “FCRA”). […]

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Eleventh Circuit Denies Challenge to Removal of Stay Under TVPA for Lack of Appellate Jurisdiction

In Plaintiff A v. Schair, No. 12-16542 (Mar. 7, 2014), the defendant challenged the removal of a stay granted to a civil action pursuant to the Victims of Trafficking and Violence Protection Act (“TVPA”), but the Eleventh Circuit declined to reach the merits of his case. Rather, the Court found that the removal of a […]

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Eleventh Circuit Clarifies Ambiguities in § 227 of the Telephone Consumer Protection Act

In Osorio v. State Farm Bank, No. 13-10951 (Mar. 28, 2014), the Eleventh Circuit reversed the grant of summary judgment to State Farm with respect to a claim brought against it under the Telephone Consumer Protection Act (“TCPA”), 42 U.S.C. § 227 for the unwanted receipt of autodialed debt collection calls and with respect to […]

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Eleventh Circuit Decides Moultrie’s Poultry Plaintiffs Run Afoul of RICO Pleading Standard

In Simpson/Roberts v. Sanderson Farms, Inc., No. 13-10624 (Mar. 7, 2014), the Eleventh Circuit considered whether two former employees of a poultry processing plant owned by Sanderson Farms properly stated a civil RICO claim under the Twombly and Iqbal pleading standards and held in the negative by affirming the district court’s dismissal of the plaintiffs’ […]

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