U.S. Eleventh Circuit tag:blogs.findlaw.com,2009-03-31:/eleventh_circuit/32 2009-07-03T00:04:20Z The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog Movable Type Enterprise 4.24-en Mesa Air Group, Inc. v. Delta Air Lines, Inc., No. 08-13733 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2237 2009-07-01T22:34:02Z 2009-07-03T00:04:20Z In an action seeking an injunction prohibiting Defendant airline from terminating its regional connection agreement with Plaintiff airline, an injunction in favor of Plaintiff is affirmed where Plaintiff demonstrated a substantial likelihood of success on its claim that Defendant was... Chris Edgar In an action seeking an injunction prohibiting Defendant airline from terminating its regional connection agreement with Plaintiff airline, an injunction in favor of Plaintiff is affirmed where Plaintiff demonstrated a substantial likelihood of success on its claim that Defendant was equitably estopped from terminating the agreement.

Read Mesa Air Group, Inc. v. Delta Air Lines, Inc., No. 08-13733

Appellate Information

July 1, 2009

Judges

Opinion by Judge Cudahy

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]]> Thomas v. Carnival Corp., No. 08-10613 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2233 2009-07-01T22:29:46Z 2009-07-01T22:29:46Z In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation... Chris Edgar In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought. 

Read Thomas v. Carnival Corp., No. 08-10613

Appellate Information

Filed July 1, 2009

Judges

Per Curiam

]]> US v. Moran, No. 08-16987 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2232 2009-07-01T22:27:36Z 2009-07-01T22:27:36Z In a firearm possession prosecution, the District Court's order setting the terms of Defendant's supervised release is affirmed where a defendant is not entitled to notice before a District Court may impose special conditions of supervised release to address a... Chris Edgar In a firearm possession prosecution, the District Court's order setting the terms of Defendant's supervised release is affirmed where a defendant is not entitled to notice before a District Court may impose special conditions of supervised release to address a defendant's proclivity to sexual misconduct when the crime of conviction did not involve sexual activity.

Read US v. Moran, No. 08-16987

Appellate Information

Filed July 1, 2009

Judges

Opinion by Judge Pryor

]]> Zhang v. Holder, No. 08-15245 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2204 2009-07-01T00:14:50Z 2009-07-01T00:14:50Z Petitioner's petition for review of the BIA's denial of her motion to reopen her removal proceedings is granted, where Petitioner was exempt from the 90-day filing deadline for moving to reopen because she presented sufficient evidence of changed country conditions.... Chris Edgar Petitioner's petition for review of the BIA's denial of her motion to reopen her removal proceedings is granted, where Petitioner was exempt from the 90-day filing deadline for moving to reopen because she presented sufficient evidence of changed country conditions.

Read Zhang v. Holder, No. 08-15245

Appellate Information

Filed June 30, 2009

Judges

Per Curiam

]]> Carmichael v. Kellogg, Brown & Root Serv., Inc., No. 08-14487 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2203 2009-07-01T00:12:43Z 2009-07-01T00:12:43Z In a negligence suit arising out of an accident in which Plaintiff's husband was injured while serving in Iraq, the dismissal of the complaint is affirmed where the political question doctrine barred the suit because adjudicating Plaintiff's claims would require... Chris Edgar In a negligence suit arising out of an accident in which Plaintiff's husband was injured while serving in Iraq, the dismissal of the complaint is affirmed where the political question doctrine barred the suit because adjudicating Plaintiff's claims would require extensive reexamination and second-guessing of many sensitive judgments surrounding the conduct of a military convoy in war time.

Read Carmichael v. Kellogg, Brown & Root Serv., Inc., No. 08-14487

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Marcus

]]> Smith v. Sec'y, Dept. of Corr., No. 07-14173 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2201 2009-07-01T00:10:19Z 2009-07-01T00:10:19Z In a capital habeas matter, the denial of Petitioner's petition is affirmed in part, where there was no possibility of prejudice due to the prosecutor's alleged misconduct in a prior trial because a new trial was conducted; but reversed in... Chris Edgar In a capital habeas matter, the denial of Petitioner's petition is affirmed in part, where there was no possibility of prejudice due to the prosecutor's alleged misconduct in a prior trial because a new trial was conducted; but reversed in part, where the prosecution did not disclose in the later trial that a witness told the prosecutor that in exchange for testifying again, he wanted help with charges he faced.

Read Smith v. Sec'y, Dept. of Corr., No. 07-14173

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Carnes

]]> US v. Gari, No. 08-10014 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2200 2009-07-01T00:08:23Z 2009-07-01T00:08:23Z Defendants' alien smuggling convictions are affirmed in part, where the I-213 forms admitted by the District Court did not contain statements harmful to the defense; but reversed in part, where the evidence at trial did not establish that Defendants lacked... Chris Edgar Defendants' alien smuggling convictions are affirmed in part, where the I-213 forms admitted by the District Court did not contain statements harmful to the defense; but reversed in part, where the evidence at trial did not establish that Defendants lacked prior authorization to enter the United States.

Read US v. Gari, No. 08-10014

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Cox

]]> US v. Tagg, No. 08-16860 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2181 2009-06-30T21:38:36Z 2009-06-30T21:38:36Z Defendant's firearm possession conviction is affirmed where there was sufficient evidence to allow a reasonable jury to conclude that Defendant intentionally facilitated his co-conspirators' unlawful possession of pipe bombs. Read US v. Tagg, No. 08-16860 Appellate Information Filed June 30,... Chris Edgar Defendant's firearm possession conviction is affirmed where there was sufficient evidence to allow a reasonable jury to conclude that Defendant intentionally facilitated his co-conspirators' unlawful possession of pipe bombs.

Read US v. Tagg, No. 08-16860

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Fay

]]> Thomas v. US, No. 06-15651 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2180 2009-06-30T21:36:18Z 2009-06-30T21:36:18Z In a drug prosecution, the dismissal of Petitioner's habeas petition is reversed, where the law of the case doctrine did not operate to bar, by necessary implication, the claims of ineffective assistance that Petitioner sought to raise. Read Thomas v.... Chris Edgar In a drug prosecution, the dismissal of Petitioner's habeas petition is reversed, where the law of the case doctrine did not operate to bar, by necessary implication, the claims of ineffective assistance that Petitioner sought to raise.

Read Thomas v. US, No. 06-15651

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Wilson

]]> Burger King Corp. v. E-Z Eating, 41 Corp., No. 08-15078 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2179 2009-06-30T21:21:24Z 2009-06-30T21:21:24Z In an action claiming that Defendant fast food franchisor violated an implied covenant of good faith and fair dealing in failing to grant Plaintiffs an exception to a system-wide "value menu" program, summary judgment for Defendant is affirmed where Plaintiffs... Chris Edgar In an action claiming that Defendant fast food franchisor violated an implied covenant of good faith and fair dealing in failing to grant Plaintiffs an exception to a system-wide "value menu" program, summary judgment for Defendant is affirmed where Plaintiffs failed to properly request an exception.

Read Burger King Corp. v. E-Z Eating, 41 Corp., No. 08-15078

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Fay

]]> US v. Flores, No. 08-10775 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2135 2009-06-29T21:39:58Z 2009-06-29T22:06:06Z Defendants' RICO convictions and sentences are affirmed where: 1) the District Court did not err in dismissing a juror for cause, because the court was not required to inquire further into the juror's alleged medical condition; and 2) there is... Chris Edgar Defendants' RICO convictions and sentences are affirmed where: 1) the District Court did not err in dismissing a juror for cause, because the court was not required to inquire further into the juror's alleged medical condition; and 2) there is no evidence that another dismissed juror's statements prejudiced the venire.

Read US v. Flores, No. 08-10775

Appellate Information

Filed June 29, 2009

Judges

Per Curiam

]]> Doorbal v. Dept. of Corr., No. 08-15869 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2132 2009-06-29T21:37:28Z 2009-06-29T22:07:29Z In a capital habeas matter, the denial of Petitioner's petition is affirmed where Petitioner's claim of ineffective assistance of counsel was barred from federal review because the state supreme court had applied a state rule of procedure to refuse to... Chris Edgar In a capital habeas matter, the denial of Petitioner's petition is affirmed where Petitioner's claim of ineffective assistance of counsel was barred from federal review because the state supreme court had applied a state rule of procedure to refuse to adjudicate his claim on collateral review.

Read Doorbal v. Dept. of Corr., No. 08-15869

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Pryor

]]> US v. Barner, No. 08-10080 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2131 2009-06-29T21:32:49Z 2009-06-29T22:06:51Z Defendant's drug possession conviction is affirmed where the police were not required to supply Defendant in the course of his interrogation with a flow of information to help him calibrate his self-interest in deciding whether to speak. Sentence is reversed... Chris Edgar Defendant's drug possession conviction is affirmed where the police were not required to supply Defendant in the course of his interrogation with a flow of information to help him calibrate his self-interest in deciding whether to speak. Sentence is reversed where, because the District Judge chose to sentence within the Guidelines, an error in the calculation could not be harmless.

Read US v. Barner, No. 08-10080

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Korman

]]> US v. Wilk, No. 07-14176 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2117 2009-06-29T20:02:17Z 2009-06-29T20:45:29Z Defendant's murder conviction is affirmed where: 1) evidence regarding whether the arresting officers used proper police procedures in entering Defendant's home was irrelevant to his claim that the killing was in self-defense; and 2) any possible error in the District... Chris Edgar Defendant's murder conviction is affirmed where: 1) evidence regarding whether the arresting officers used proper police procedures in entering Defendant's home was irrelevant to his claim that the killing was in self-defense; and 2) any possible error in the District Court's instructions was harmless in light of the overwhelming evidence against Defendant.

Read US v. Wilk, No. 07-14176

Appellate Information

Filed June 29, 2009

Judges

Opinion by Judge Wilson

]]> Citizens for Police Accountability Pol. Comm. v. Browning, No. 08-15115 tag:blogs.findlaw.com,2009:/eleventh_circuit//32.2064 2009-06-25T23:54:20Z 2009-06-26T00:08:16Z In a First Amendment challenge to a state statute banning the solicitation of voters within 100 feet of the entrance to any polling place, the District Court's injunction against enforcement of the statute is reversed, where the state had a... Chris Edgar In a First Amendment challenge to a state statute banning the solicitation of voters within 100 feet of the entrance to any polling place, the District Court's injunction against enforcement of the statute is reversed, where the state had a compelling interest in prohibiting the intimidation and confusion of the electorate.

Read Citizens for Police Accountability Pol. Comm. v. Browning, No. 08-15115

Appellate Information

Filed June 25, 2009

Judges

Per Curiam

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