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Filtered by court: 11th circuit court of appeals

April 1, 2024

11th circuit court of appeals, wrongful death

Acosta v. Miami-Dade County.

The district court erred in granting summary judgment to several officers on 42 U.S.C. § 1983 claims of excessive force and Florida state law claims of wrongful death. A group of six officers pursued a man who had been acting erratically and attacking his girlfriend. He initially resisted arrest, but witnesses stated that after he was tased and brought to the ground, he ceased resisting. Officers continued to tase and kick the man, and he died at the hospital from intracranial and anoxic brain injuries. Whether his death was from a drug overdose is disputed, but there is enough evidence that it was from the beating that that matter has to go to a jury.

March 16, 2024

11th circuit court of appeals, 1983 first amendment, first amendment true threat

Honeyfund.com Inc. v. Governor

Florida’s ban on workplace meetings or trainings endorsing certain views on race, color, sex, or national origin (mostly trainings about white privilege or institutional racism or diversity initiatives) is a ban on speech and is unconstitutional.

March 11, 2024

11th circuit court of appeals, statute of limitations florida

Wainberg v. Mellichamp

Dr. Robert H. Wainberg, a tenured professor at Piedmont University, brought a suit under 42 U.S.C. § 1985 against university officers, alleging a conspiracy to retaliate against him for filing a previous lawsuit and to deter witness participation. While the district court dismissed his claims as time-barred, the Eleventh Circuit ruled in Wainberg’s favor on appeal, clarifying that conspiracy claims under § 1985 do not accrue at the first overt act but continue with each overt act within the statutory period. The case was remanded for further proceedings, allowing Wainberg’s timely conspiracy claims to proceed.

February 29, 2024

11th circuit court of appeals, no categories

Monroe v. Fort Valley State Univ.

Congress did not abrogate sovereign immunity for lawsuits against States under the anti-retaliation provision of the False Claims Act (FCA), 31 U.S.C. § 3730(h).

February 28, 2024

11th circuit court of appeals, 1983 first amendment

Smart v. England

Learn about a recent Eleventh Circuit decision affirming qualified immunity for Alabama prison guards in a 42 U.S.C. §1983 case. The court upheld the dismissal of Germaine Smart's First Amendment retaliation claim, where he alleged that prison guard England sexually assaulted him during a pat-down search. Following an investigation, Smart was disciplined for lying, as his allegations were found unfounded. With this factual finding, the court ruled there was no constitutional violation or unreasonable conduct. Explore the details of this case and the implications for qualified immunity in prison settings

February 22, 2024

11th circuit court of appeals, preemption

Carson v. Monsanto

The Eleventh Circuit ruled that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt a Georgia state failure-to-warn claim against Monsanto. Carson alleged that Roundup, a Monsanto herbicide, caused his cancer due to inadequate warnings. Although the EPA approved Roundup’s label without a cancer warning, the court held that FIFRA’s preemption provision does not apply as Georgia law does not impose requirements beyond or different from federal law. The court also found Monsanto did not demonstrate that the EPA would have denied the warning label. Revised and remanded.

June 20, 2023

11th circuit court of appeals, preservation, summary judgement standard

American Builders Insurance Company v. Southern-Owners Insurance Company

The Eleventh Circuit upheld a ruling finding Southern-Owners Insurance Company liable for bad faith after failing to settle a catastrophic injury claim involving its insured. In the case, Southern-Owners delayed investigation and settlement, leading American Builders Insurance Company to step in and settle the claim. Southern-Owners contended American Builders breached the contract by not securing consent, but the court ruled Southern-Owners lacked diligence and failed to meet Florida’s consent requirements. The decision emphasizes an insurer’s duty to act promptly and prioritize the insured’s interests to avoid excess judgments.

June 16, 2023

11th circuit court of appeals, adult protective services act, structured settlement, vulnerable adult

Cordero v. Transamerica Annuity Service Corporation

The Eleventh Circuit upheld the dismissal of a case involving structured settlement assignments that disadvantaged a vulnerable adult. The court ruled that Florida’s Adult Protective Services Act claim was insufficient due to lack of intent to exploit, and New York law didn’t support breach of contract. The case highlights legal complexities around structured settlements and the protection of vulnerable individuals.

June 12, 2023

11th circuit court of appeals, corporate representative deposition, sanctions

Consumer Financial Protection Bureau v. Brown

The Eleventh Circuit upheld sanctions against the CFPB for obstructive conduct during corporate representative depositions. The CFPB, facing questions from defendants, engaged in tactics like extensive work product objections, reading from extensive “memory aids,” and refusing to disclose exculpatory facts. The district court found these actions constituted willful disobedience of discovery orders and dismissed claims against five defendants. The Eleventh Circuit affirmed, concluding that dismissal was warranted due to the CFPB's flagrant disregard of the discovery process.

June 7, 2023

11th circuit court of appeals, summary judgement standard

Marquez v. Amazon.com, Inc.

The Eleventh Circuit Court recently affirmed the dismissal of a class action lawsuit brought by Amazon Prime members against Amazon. The lawsuit alleged that Amazon failed to deliver on its “Rapid Delivery” promise, typically 2-day shipping, during the COVID-19 pandemic while continuing to charge full membership fees. Amazon argued it suspended this service to prioritize essential shipments, relying on its Terms & Conditions, which allow it to modify or limit Prime benefits at its discretion. The appellate court found that Amazon’s contractual language, including the right to adjust services and provide them on an "as is" basis, was valid and did not make the contract unconscionable. Consequently, the court upheld Amazon's authority and dismissed the claim.

May 22, 2023

11th circuit court of appeals, 1983 eighth amendment

Wade v. McDade

over a four-day stretch during his incarceration at walker state prison in georgia, david henegar failed to receive his prescribed seizure medication. on the fourth night, henegar had two seizures that permanent brain damage.

May 17, 2023

11th circuit court of appeals, 1983 eighth amendment, 1983 first amendment

Hall v. Merola

this 37-page opinion was chock full of issues. apparently attempting to induce as many groans as possible, judge rosenbaum starts the opinion in this case by writing: “this is one heck of an appeal. that’s because resolution of the appeal turns in large...

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