November 2014 RSS feed for this section

Eleventh Circuit Finds Error in District Court’s Refusal to Order an Accounting

In Zaki Kulaibee Establishment v. McFlicker, No. 11-15207 (Nov. 18, 2014), the Eleventh Circuit held that the district court abused its discretion when it denied Zaki Kulaibee Establishment’s (“Zaki”) request for an accounting. Zaki, a Saudi Arabian company, sold military aircraft parts to Airspares Network, Inc. (“ANI”) pursuant to a Consignment Services Agreement (“CSA”) executed […]

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Eleventh Circuit Protects the Sale of a Litigation Interest from High Rates of Taxation

In Long v. Commissioner of IRS, No. 14-10288 (Nov. 20, 2014), the Eleventh Circuit held that a party’s sale of their position in a lawsuit constitutes a “capital asset”, thus may be taxed as a capital gain, instead of ordinary income.  The court also held that an agreement selling an interest in a joint venture […]

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Eleventh Circuit Holds Standing Exists and Claim for Injunctive and Declaratory Relief from Garnishment of Exempt Funds Not Moot Despite Reimbursement

In Strickland v. Alexander, No.  13-15483 (Nov. 20, 2014), the Eleventh Circuit addressed whether a judgment debtor could maintain a suit for injunctive and declaratory relief for the wrongful garnishment of exempt worker’s compensation funds despite the dismissal of the garnishment proceeding and reimbursement of exempted funds.  The Court held that the plaintiff debtor had […]

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Eleventh Circuit Determines Motion for a Sentence Reduction is Properly Denied When a Prisoner Offers No Justification to Depart From a Previously Affirmed Finding

In United States v. Anderson, No. 13-12945 (Nov. 19, 2014), the Eleventh Circuit considered the denial of Anderson’s second motion for a sentence reduction based on Amendment 750 of the United States Sentencing Guidelines and identified three issues on appeal: (1) whether the district court had jurisdiction to consider Anderson’s renewed 18 U.S.C. § 3583(c)(2) […]

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Eleventh Circuit Rejects 42 U.S.C. § 1983 Due Process Challenge to Pre-Termination Hearings of a Tenured Professor at Georgia Tech

In Laskar v. Peterson, 771 F.3d 1291 (11th Cir. 2014), the Eleventh Circuit held that a tenured professor was provided adequate procedural due process under the Fourteenth Amendment despite not having a chance to present his case directly before the president of the terminating institution. Joy Laskar, Ph.D is an electrical engineer who was a […]

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Eleventh Circuit Considers Complaint Dispositive in Assessing Subject Matter Jurisdiction

In Calderon v. Baker Concrete Construction, Inc., No. 14-10090 (11th Cir. Nov. 14, 2014), the Eleventh Circuit reversed a dismissal of a complaint for lack of subject matter jurisdiction handed down by the United States District Court for the Southern District of Florida. The court held that because the plaintiffs’ complaint alleged a cause of […]

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A Different Kind of Seasickness: The Eleventh Circuit Confronts Vicarious Liability for Cruise Lines in the Medical Negligence Context

In Franza v. Royal Caribbean Cruises, Ltd., No. 13-13067 (Nov. 10, 2014), the Eleventh Circuit was faced with two questions of first impression, both concerning whether agency principles can exist between shipowner and medical personnel aboard the ship. Specifically, the court was confronted with the question of whether a shipowner be held vicariously liable for […]

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Eleventh Circuit Rejects School District’s Immunity Defense Under the Eleventh Amendment for Claims of Retaliation Under the FMLA and ADA

In Lightfoot v. Henry County School District, No. 13-14631 (Nov. 10, 2014), the Eleventh Circuit held that Henry County School District was not an “arm of the State” of Georgia and therefore was not entitled to immunity from suit in federal court under the Eleventh Amendment. Zaneta Lightfoot was a high school teacher in Henry […]

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Eleventh Circuit Finds Florida Secretary of State Detzner’s Attempts to Remove Non-Citizens from Florida Electoral Rolls Violated National Voter Registration Act

In Arcia, et al. v. Florida Secretary of State, No. 12-15738 (Nov. 17, 2014), the Eleventh Circuit reversed the district court’s grant of judgment as a matter of law in favor of Secretary Kenneth W. Dentzer, finding that Florida did violate § 8(c)(2)(A) of the National Voter Registration Act, known as the 90 Day Provision, […]

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