October 2014 RSS feed for this section

A Shave and a Haircut: No Qualified Immunity for Officers Who Went “Raid Mode” on a Florida Barbershop

In Berry v. Leslie, No. 13-14092 (Sept. 16, 2014), the Eleventh Circuit handed down a decision it hoped was a “third time . . . charm” to cabin unreasonable criminal raids posing as administrative inspections.  Four  barbers sued police officers who participated in an administrative “raid” on their barbershop, Strictly Skilz.  Judge Rosenbaum delivered a […]

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Eleventh Circuit Lacks Jurisdiction to Review Immigrant’s Request to Reconsider Removal Under the Violence Against Women Act of 1994

In Butalova v. U.S. Attorney General, Nos. 13-14041 and 13-15639 (Oct. 7, 2014), the Eleventh Circuit dismissed an immigrant’s requests to reopen and reconsider removal proceedings based on a lack of jurisdiction and held that an order premised on 8 U.S.C. § 1154(a)(1)(A)(iii) is not reviewable by the Court since it is a discretionary determination. […]

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Eleventh Circuit Holds that the District Court Erred In Its “Fair Use” Evaluation of Online Course Reserves and Abused Its Discretion in Granting Defendants Costs and Attorney’s Fees

In Cambridge Univ. Press v. Patton, No. 12-14676, (Oct. 17, 2014), the Eleventh Circuit rejected the District Court’s evaluation of the four fair use factors because it weighed each factor equally and assessed the four factors “mechanistically.” Instead of a rigid mathematical and formulaic analysis, the Court of Appeals indicated that the District Court “should […]

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Eleventh Circuit Decides Kurapati v. U.S. Bureau of Citizenship

In Kurapati v. U.S. Bureau of Citizenship, No. 13-13554 (Sept. 22, 2014), the Eleventh Circuit reversed the district court’s dismissal of the petitioner’s challenge. The district court determined that the petitioner, as a beneficiary of an I-140 visa petition, lacked standing to challenge the revocation of a previously approved I-140 visa petition. The district court […]

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Eleventh Circuit Determines North Carolina Amendment Applies Retroactively When For Clarification, Not Alteration

In Bryant vs. United States, No. 12-15424, (Oct. 14, 2014), the Eleventh Circuit determined that certain amendments to North Carolina’s statute of repose were substantive, not clarifying, and therefore could only be applied prospectively. Therefore, the 2014 amendment to the statute of repose allowing an exception for latent diseases was inapplicable to the plaintiff’s claim. […]

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Eleventh Circuit Addresses Complainant’s Burden of Proof in Toxic Tort Cases

In Adinolfe v. United Technologies, Nos. 12-16396, 12-16397 (Oct. 6, 2014), the Eleventh Circuit reversed the dismissal with prejudice of the plaintiff’s second amended complaints in a toxic tort case, holding that the District Court erred in determining that the plaintiff’s claims were not sufficiently pled. The Court held that Lone Pine orders, which require […]

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Eleventh Circuit Decides Mais v. Gulf Coast Collection Covering the Telephone Consumer Protection Act

In Mais v. Gulf Coast Collection Bureau, Inc., No. 13-14008 (Sept. 29, 2014), the Plaintiffs brought suit against a radiology provider and debt collector, alleging that these entities had violated the Telephone Consumer Protection Act (“TCPA”).  The TCPA makes rules, carried out and enforced by the FCC, against autodialed and prerecorded calls.  Here, the lead […]

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Eleventh Circuit Finds Bank Directors and Officers Not Protected Against Claims of Ordinary Negligence by Georgia Law

In FDIC v. Skow, No. 12-15878 (Oct. 24, 2014), the Eleventh Circuit considered an interlocutory appeal of the district court’s dismissal of claims by the FDIC as receiver for Integrity Bank against the Bank’s directors and corporate officers.  After receiving clarification regarding O.C.G.A. § 7-1-490 and Georgia’s business judgment rule from the Supreme Court of […]

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