October 2014 RSS feed for this section

Eleventh Circuit Reverses Lower Court’s Exclusion of Evidence Showing Plaintiff’s History of Alcohol Abuse

In Thelma Aycock v. R.J. Reynolds Tobacco Co., No. 13-14060 (Oct. 16, 2014), defendant R.J. Reynolds Tobacco (Reynolds) appealed the judgment of the U.S. District Court for the Middle District of Florida. The judgment followed a jury verdict that awarded compensatory damages of $5.9 million to the plaintiff, Thelma Aycock (Thelma). The cause of action […]

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Eleventh Circuit Affirms Summary Judgment in Favor of AirTran Airways to Receive Equitable Redress of Unfaithfully Hidden Employee Benefit Reimbursement Funds

In AirTran Airways, Inc. v. Elem, Nos. 13-11738 & 13-14912 (Sept. 23, 2014), the Eleventh Circuit affirmed summary judgment in favor of AirTran to enforce equitable restitution of costs that it spent on behalf of an employee welfare benefit plan beneficiary after she and her attorney unfaithfully hid settlement funds. Because the Court rarely “see[s] […]

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Eleventh Amendment Sovereign Immunity Rejected in § 1983 Claim for Equitable Relief

In Lane v. Central Alabama Community College, No. 12-16192 (Oct. 8, 2014), the Eleventh Circuit held that Lane’s official-capacity claim for equitable relief against the president of Central Alabama Community College (CACC) was not barred by the Eleventh Amendment. Edward Lane filed a 42 U.S.C. § 1983 civil action against Steve Franks individually and in […]

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Eleventh Circuit Holds HIPAA Privacy Rule Does Not Preempt Florida Medical Negligence Claim Requirement

In Murphy v. Dulay, No 13-14637 (Oct. 10, 2014), the 11th Circuit found that HIPAA’s Privacy Rule does not preempt a Florida statute that makes medical authorization forms a presuit requirement for medical negligence claims. Plaintiff Glen Murphy received medical care from defendant Dr. Adolfo C. Dulay.  Murphy was dissatisfied with the treatment he received […]

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Eleventh Circuit Certifies Questions to the Supreme Court Regarding Interpretation of Insurance Contracts with Regards to Consenting to Settlement

In Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co., No. 14-11987 (Oct. 21, 2014), the Eleventh Circuit certified the following three questions to the Supreme Court of Georgia pursuant to O.C.G.A. § 15-2-9: “(1) Under the facts of this case, and in light of the Final Judgment and Order in the Underlying Suit […]

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Eleventh Circuit Denies Habeas Relief for Criminal Convicted of Vehicular Homicide

In Reed v. Secretary, Florida Department of Corrections, No. 13-10900 (Sept. 24, 2014), the Eleventh Circuit reversed the district court’s conditional grant of Kelvin Leon Reed’s 28 U.S.C. § 2254 petition for a writ of habeas corpus. Before the Eleventh Circuit was Reed’s ineffective assistance of counsel claim for trial counsel’s failure to locate, interview […]

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No Irreconcilable Conflict Between Airline Regulations and RICO

In Ray v. Spirit Airlines, Inc., No. 13-15681 (Sept. 23, 2014), the Eleventh Circuit reversed the district court’s decision to dismiss the plaintiff’s complaint. Ray was one of a class of consumers who filed a class action against Spirit Airlines, claiming that Spirit used the mails and wires to execute a scheme or artifice to […]

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Eleventh Circuit Protects the Right of Kidnapping Victims to Collect Against Agents of a Terrorist Organization

In Stansell v. Revolutionary Armed Forces of Colombia, No. 13-11339 (Oct. 16, 2014), the Eleventh Circuit held that the plaintiffs’ failure to give notice of the execution and garnishment of the claimants’ property amounted to a violation of due process, but that because the claimants either sat on their rights or failed to rebut the […]

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Enjoined Officers of Company in Receivership Lack Standing to Appeal Injunction in Name of Company

In United States Securities & Exchange Commission v. Quest Energy Management Group, Inc., No. 13-12778 (Sept. 25, 2014), the Eleventh Circuit held that company officers enjoined from taking action on behalf of their company may not appeal that injunction in the name of the company. The Securities & Exchange Commission previously sued Arthur Nadel and […]

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Eleventh Circuit Affirms Deposit of Judgment Amount with District Court Registry as Proper, Awards Attorneys Fees to Bank Due to Litigious Garnishment Proceedings

The Eleventh Circuit affirmed a ruling by the Southern District of Florida that Defendant John Zelaya had properly satisfied a judgment entered against him in the Southern District of New York upon Zelaya’s deposit of that judgment with the Southern District of Florida’s registry. Further, the Eleventh Circuit affirmed the award of attorney’s fees to […]

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