11th Circuit Court

Lawyer’s seven-minute absence doesn’t require new trial, en banc court rules

A teacher convicted of child pornography isn’t entitled to a new trial as a result of his lawyer’s seven-minute absence during testimony by a computer forensics expert, an en banc appeals court ruled last week. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled in an 8-3 opinion (PDF) that…

May 4, 2017 11:08 AM CDT

Cities need more than foreseeable damages to file fair housing cases against banks, SCOTUS says

When determining if a municipality meets the Fair Housing Act’s definition of an “aggrieved person” for litigation, courts must determine if there’s a direct relationship between alleged conduct and actual harm, the U.S. Supreme Court found Monday. The consolidated cases, which allege that Bank of America and Wells Fargo engaged…

May 1, 2017 11:38 AM CDT

Death row inmate with vascular dementia is incompetent for execution, 11th Circuit rules

A death row inmate who has vascular dementia and no memory of committing a murder is incompetent for execution, a federal appeals court has ruled. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled on Wednesday in the case of 66-year-old Vernon Madison, report the Montgomery Advertiser and AL.com. Madison…

Mar 17, 2017 7:00 AM CDT

11th Circuit revives Alabama justice’s First Amendment suit over disciplinary probe

A federal appeals court has ordered a lower-court judge to consider additional issues in a First Amendment suit filed by an Alabama justice who was facing a state ethics probe over his gay-marriage comments. The Atlanta-based 11th U.S. Circuit Court of Appeals returned the case filed by Justice Tom Parker…

Feb 10, 2017 1:51 PM CST

Trump interviewed this SCOTUS shortlister last weekend: How has he ruled?

Donald Trump has reportedly interviewed a possible U.S. Supreme Court nominee—Judge William Pryor of the Atlanta-based 11th U.S. Circuit Court of Appeals. Above the Law reports that the meeting occurred Saturday afternoon in New York. The blog does not identify any source for its information. Later Monday, the Associated Press…

Jan 17, 2017 9:58 AM CST

Older job applicants can’t assert disparate impact in age-bias suits, full 11th Circuit rules

In a decision that has shocked the employment bar, an en banc federal appeals court recently ruled that older job applicants can’t rely on disparate impact in age-bias suits against companies. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled on Oct. 5 that the federal Age Discrimination in Employment…

Oct 12, 2016 3:56 PM CDT

ABA urges 11th Circuit to strike down bail schedules as unconstitutional

For the second time this year, the American Bar Association has urged a federal appeals court to strike down a bail schedule that it says unnecessarily jails indigent defendants. The ABA’s most recent amicus brief (PDF) was filed in Walker v. City of Calhoun, Georgia, in which a group of…

Aug 18, 2016 4:00 PM CDT

11th Circuit references Vulcans and bourbon in tossing convictions in alleged ‘bar girls’ scheme

In a colorfully written opinion, a federal appeals court has tossed the convictions of nightclub operators accused of using enticing “bar girls” to lure drunken customers to pay tens of thousands of dollars for overpriced drinks. The Atlanta-based 11th U.S. Circuit Court of Appeals said jurors should have been instructed…

Jul 13, 2016 7:30 AM CDT

First and Second Amendments square off in ‘Docs v. Glocks’ case before en banc 11th Circuit

Should a physician ask a patient about gun ownership, even if she doesn’t appear to have an ailment that could cause her to hurt someone with a firearm? A Florida law says no, and an en banc hearing regarding its constitutionality is scheduled for Tuesday. The Florida Firearm Owners Privacy…

Jun 20, 2016 4:20 PM CDT

In 4-4 split, Supreme Court refuses to overturn execution stay based on inmate’s dementia

A split U.S. Supreme Court on Thursday refused to overturn a stay of execution for an Alabama inmate whose lawyers claim vascular dementia from strokes makes him incompetent for execution. Four justices would have overturned the stay (PDF) granted to 65-year-old inmate Vernon Madison, report the Associated Press, the Washington…

May 13, 2016 7:58 AM CDT

Circuits split on privacy rights for video views and third-party data sharing

Sharing consumer data derived from their online video views could violate privacy rights, the Boston-based 1st Circuit Court of Appeals ruled Friday. The class action involves individuals who downloaded the USA Today app, Mediapost.com reports. The Gannett Co., which owns USA Today, shared users’ information with Adobe. A similar case…

May 2, 2016 11:45 AM CDT

Congress can require pimps to pay restitution to overseas sex-trafficking victims, 11th Circuit says

Congress has the power to require international sex traffickers to pay restitution to their victims for sex trafficking that occurs overseas, a federal appeals court has ruled. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled (PDF) on March 24 that convicted pimp Damion St. Patrick Baston had to pay…

Apr 4, 2016 6:15 AM CDT

Retailers may sell books and movies on Rosa Parks without paying her institute

The Atlanta-based 11th U.S. Circuit Court of Appeals has ruled that retailers may sell books and movies about the life of civil rights leader Rosa Parks, the Birmingham News reported yesterday. The nonprofit Raymond and Rosa Parks Institute for Self Development had sued Target for selling seven books about Parks,…

Jan 5, 2016 5:05 PM CST

Ban on credit-card surcharges is a free-speech violation, 11th Circuit says

A federal appeals court has struck down a Florida law barring merchants from imposing a surcharge on customers for credit card use. The law, which allows discounts for cash, violates the First Amendment because it targets businesses that want to call price differences based on credit card use a surcharge…

Nov 6, 2015 9:00 AM CST

11th Circuit strikes down Florida’s involuntary commitment law for intellectually disabled

A federal appeals court has struck down Florida’s involuntary commitment law for people with intellectual disabilities because it does not provide for periodic review of the continued confinement. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled on Thursday, holding that the law violates the due process clause, report Courthouse…

Oct 16, 2015 11:15 AM CDT