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Eleventh Circuit Finds for Taxpayer in Conservation Easement Deduction Dispute

In Palmer Ranch Holdings, Ltd., v. Commissioner, 812 F.3d 982 (11th Cir. 2016), the Eleventh Circuit affirmed a lower tax court’s determination of a land parcel’s “highest and best use” but reversed the court’s reduced valuation on the same parcel. Palmer Ranch, Inc., attempted a sale of land, labeled B-10, which encompassed a wildlife corridor […]

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Eleventh Circuit Clarifies Understanding of AEDPA’s “Second or Successive” Requirement

In Patterson v. Secretary, Florida Department of Corrections, No. 12–12653, 2016 WL 373336 (11th Cir. Jan. 29, 2016), the Eleventh Circuit reversed the Northern District of Florida’s decision to dismiss petitioner Ace Patterson’s habeas petition as “second and successive” under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(b) (2012). The Eleventh […]

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Agent: The Arm of a Principle, but Not Necessarily the [Stage]hand

On February 14, 2016, the Eleventh Circuit vacated a decision of the National Labor Relations Board (the Board), finding that the Board incorrectly applied the common law of agency to Crew One, a stagehand referral company in the Atlanta area. See Crew One Productions, Inc. v. National Labor Relations Board, No. 15–10429, 2016 WL 403201 […]

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Eleventh Circuit Denies Stay of Execution Despite Challenges to the Georgia’s Secrecy Act

In Jones v. Commissioner, Georgia Department of Corrections, No. 16–10277, 2016 WL 384695 (11th Cir. Feb. 2, 2016), the Eleventh Circuit, in a two-part decision, denied the petitioner, Brandon Jones’s, motion to stay an execution and attached request for an en banc hearing. Jones was an inmate on Georgia’s death row scheduled for execution on […]

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Eleventh Circuit Affirms Grave Risk Exception to the Hague Convention in Denying Child’s Return to Venezuela

In Gomez v. Fuenmayor, No. 15­–­­­12075, 2016 WL 454037 (11th Cir. Feb. 5, 2016), the Eleventh Circuit affirmed the Southern District of Florida’s denial of Hayet Gomez’s (“Gomez”) petition to have her daughter, M.N., returned to her custody in their native Venezuela.  This appeal arose out of an international custody battle fraught with danger and […]

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Eleventh Circuit Determines Ex-Wife Reading Ex-Husband’s Work Emails Violated The Stored Communications Act

In Vista Marketing, LLC v. Burkett, No. 14–14068, 2016 WL 425165 (11th Cir. Feb. 4, 2016), the Eleventh Circuit found that the defendant violated the Stored Communications Act, 18 U.S.C. §§ 2701–2712 (2012) (SCA) by accessing her ex-husbands work email account. The defendant accessed the email account in an attempt to find evidence her husband […]

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Eleventh Circuit Decides Standard of Review for Department of Labor’s Review Board

In DeKalb County v. United States Department of Labor, No. 14-15435, 2016 WL 463455 (11th Cir. Feb. 8, 2016), the Eleventh Circuit found that even though the Department of Labor’s Administrative Review Board improperly applied a de novo standard of review, the misapplication was harmless error. Daisy Abdur-Rahman and Ryan Petty worked for the DeKalb […]

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Eleventh Circuit Finds Police Officer Not Entitled to Qualified Immunity in Shooting Death

In Perez v. Suszczynski, No. 14–13619, 2016 WL 125269 (11th Cir. Jan. 12, 2016), the Eleventh Circuit upheld denial of defendant’s summary judgment motion claiming qualified immunity in connection with a shooting death. Officers responded early one morning to an altercation between two women at a sports bar. Upon arrival, the officers ordered everyone in […]

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Eleventh Circuit Upholds Regulation to Protect Miners’ Health

In National Mine Association v. Secretary of the Department of Labor, Nos. 14-11942, 14-12163, 2016 WL 285019 (11th Cir. Jan. 25, 2016), the Eleventh Circuit upheld, over two separate challenges, a comprehensive regulation implemented by the Mine Safety and Health Administration (MSHA) called the New Dust Rule. The New Dust Rule implements several significant changes […]

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Eleventh Circuit Upholds OSHRC Decision and Imputes Supervisor’s Knowledge to Employer for Workplace Violations

The Eleventh Circuit considered an issue of first impression in Quinlan v. Secretary, No.–12347, 2016 WL 97602 (11th Cir. Jan. 8, 2016), upholding an Occupational Safety and Health Review Commission (OSHRC) decision on workplace safety violations.  The issue of first impression is whether a court can impute to an employer a supervisor’s knowledge of a […]

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