March 2014 RSS feed for this section

Eleventh Circuit Holds ADAAA Expands Definition of Disability, Rejects a Reduction-in-Force Prima Facie Theory under ADEA

Color Resolutions, Inc. (“CRI”) employed Mazzeo to provide technical sales service to customers in Florida and Georgia from 2004 through his termination by CRI in 2009. Mazzeo suffered from a herniated disk and torn ligaments in his back, and had multiple discussions with his supervisor and HR representative about a potential corrective surgery. Mazzeo told […]

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Eleventh Circuit Joins Majority of Courts Deciding that Evidence of Rejected Plea Offer is Not a Mitigating Circumstance

In Hitchcock v. Sec’y, Fla. Dept. of Corrections, No.12-16158 (Mar. 12, 2014), the Eleventh Circuit faced the issue of whether the constitution mandates the admission of rejected plea offers as relevant mitigating evidence at sentencing. The Eleventh Circuit noted that in Lockett v. Ohio, 438 U.S. 586 (1978), the Supreme Court held that the Eighth […]

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Eleventh Circuit Affirms Denial of Federal Habeas Relief for Defendant Sentenced to Death for Malice Murder

In Jones v. GDCP Warden, No. 11-14774 (Mar. 20, 2014), the Eleventh Circuit considered a COA on two issues in the denial of Brandon Jones’s federal habeas corpus petition pursuant to 28 U.S.C. § 2254 by the United States District Court for the Northern District of Georgia. The Eleventh Circuit affirmed the district court’s denial […]

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Eleventh Circuit Holds Florida Law Permits the Application of Third-Party Indemnification Payments to Self-Insured Retention Endorsements

In Intervest Construction of JAX v. General Fidelity Insurance Co., No. 10-12613 (Mar. 28, 2014), the Eleventh Circuit considered whether General Fidelity breached its obligations under a general liability policy held by Intervest Construction and ICI Homes (collectively, “ICI”). The Court determined that resolution of the dispute depended on unanswered questions of Florida law, and […]

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Eleventh Circuit Denies Habeas Petition for Recusal of Judge Presiding Over Case Involving Murder of Circuit Judge

In In re Walter Leroy Moody, Jr., No. 13-12657 (Mar. 12, 2014), the Eleventh Circuit held that a judge is not required to recuse himself pursuant to 28 U.S.C. §§ 455(a) and 455(b)(4) for a case involving a defendant indicted for the murder of a Circuit Judge in the same Circuit which occurred twenty-four years ago […]

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FORE! Eleventh Circuit Upholds Implied Restrictive Covenant for Subdivision Golf Course

In affirming an Alabama Bankruptcy Court’s finding of an implied restrictive covenant on the golf course that is the centerpiece of a suburban Birmingham subdivision in In re: Heatherwood Holdings, LLC, No. 12-16020 (Mar. 27, 2014), the 11th Circuit agreed with the aggrieved subdivision homeowners that the property at issue was subject to an implied […]

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Eleventh Circuit Holds IRS Qualifies For Mere Conduit Exception to Transferee Liability on Avoidable Transfers Under 11 U.S.C. § 550

In re: Custom Contractors, Inc., No. 12-16489 (Mar. 26, 2014), arose out of an adversary proceeding filed by an appointed trustee of Custom Contractors, LLC (“Debtor”) in the United States Bankruptcy Court of the Southern District of Florida. Brian Denson (“Denson”), the principle of the Debtor, an S corporation subject to pass-through taxation, caused the […]

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When You Lie to Consumers, the FTC (Unsurprisingly) Can Take Your Stuff: Eleventh Circuit Affirms Preliminary Injunction on IAB Marketing

IAB Marketing sells memberships in trade associations. Membership in these associations can help consumers save money on travel, golf, legal services, and tax preparation services. Members also saved money on medical and dental services, although IAB did not sell the equivalent of medical insurance. The customers simply received discounts or reimbursements from participating providers, subject […]

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Eleventh Circuit Reaffirms That Employees Must Actually Qualify Under the Family Medical Leave Act to Bring Suit Under its Remedial Provisions

In Hurley v. Kent of Naples, Inc., No. 13-10298 (Mar. 20, 2014), the Eleventh Circuit considered whether the district court erred in denying defendant’s renewed motion for judgment as a matter of law and in entering judgment for the plaintiff when the plaintiff could not prove that his request for leave under the Family Medical […]

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Eleventh Circuit Decides Bankruptcy Code’s Standard For Replacement Value Applies to Valuation of Vehicles in Chapter 13 Cases

In cases of personal bankruptcy, courts often require debtors to surrender tangible assets for purposes of satisfying outstanding debts. Phillip Jefferson Brown v. Santander Consumer USA, Inc., No. 13-13013 (Mar. 27, 2014) concerns how a vehicle ought to be valued for purposes of satisfying such a debt. Specifically, this case concerns whether the Bankruptcy Code’s […]

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