Author Archives: southernappeal

About southernappeal

Reporting on significant appellate court decisions and related news from the Eleventh Circuit and the Alabama Supreme Court and Courts of Appeal.

Eleventh Circuit Opinions

Posted on January 4, 2013 by southernappeal

The Eleventh Circuit has issued 6 published opinions in the past 2 weeks: Evans v. Sec’y, Dep’t of Corrections Denial of habeas petition affirmed; ineffective assistance of counsel argument failed where the allegedly omitted evidence of a capital murderer’s mental … Continue reading →

Posted in Admiralty/Maritime, Commerce Clause, Criminal, Habeas Corpus, Immigration, Sentencing, Standard of Review, Statute of Limitations | Leave a comment

Eleventh Circuit Opinions

Posted on December 21, 2012 by southernappeal

The Eleventh Circuit published 5 opinions this week: Kragor v. Takeda Pharms. Am., Inc. Summary judgment reversed. Evidence that a corporate executive who terminated an employee for alleged misconduct but later said that the employee was an exceptional employee who … Continue reading →

Posted in Copyrights, Eleventh Circuit, FDCPA, Habeas Corpus, Labor & Employment, Trademarks | Leave a comment

Eleventh Circuit Roundup: Published Opinions

Posted on December 14, 2012 by southernappeal

The Eleventh Circuit issued 4 published opinions this week: In re Witcher A court may take into account a debtor’s ability to pay his or her debts in determining whether “the totality of the circumstances . . . of the … Continue reading →

Posted in Bankruptcy, Child Pornography, Criminal, Eleventh Circuit, Search & Seizure, USDA | Leave a comment

Eleventh Circuit Roundup: Unpublished Opinions

Posted on December 14, 2012 by southernappeal

The Court issued 32 unpublished opinions this week: Lapica v. Comm’r of Soc. Sec. (disability insurance benefits, Medical Vocational Guidelines, vocational expert) Smith v. Comm’r of Soc. Sec. (disability insurance benefits, supplemental security income, mental health) Glover v. City of Pensacola, Fla. (firefighters’ hostile … Continue reading →

Posted in Criminal, Death Penalty, Eleventh Circuit, ERISA, Immigration, Labor & Employment, Securities, Sentencing, Social Security Benefits | Leave a comment

Eleventh Circuit Decisions

Posted on August 21, 2012 by southernappeal

Jimenez-Galicia v. Holder Absent a genuine question of law, the Court lacks jurisdiction to review the Board of Immigration Appeals’ discretionary determination that the petitioner lacked good moral character and was due to be removed. Loftus v. Clark-Moore Dismissal on … Continue reading →

Posted in ADA, Arbitration, Class Action, Criminal, Eleventh Circuit, FAA, First Amendment, Fraud, Habeas Corpus, Immigration, Injunction, Procedure, Qualified Immunity, Res Judicata, Speedy Trial, State Law, Statute of Frauds | Leave a comment

Eleventh Circuit Decision: Alabama Immigration Law

Posted on August 20, 2012 by southernappeal

The Eleventh Circuit issued its decision today in the companion cases challenging Alabama’s immigration law, House Bill 56 known as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. The Court preliminarily enjoined the enforcement of most of the challenged provisions … Continue reading →

Posted in Eleventh Circuit, Immigration | Leave a comment

Alabama Supreme Court Decisions

Posted on August 10, 2012 by southernappeal

When a trustee must defend against an attack on his management of trust assets, the trustee is entitled to recover litigation expenses.  Regions Bank – ASC Case Substituting defendant for fictitious party does not relate back where the plaintiff was … Continue reading →

Posted in Alabama Supreme Court, Fees and Costs, Fictitious Parties, Filing Fee, Jurisdiction, Relation Back, Rule 54(b), Statute of Limitations | 2 Comments

Eleventh Circuit Decisions

Posted on August 10, 2012 by southernappeal

The Crime Victims’ Rights Act does not give victims the right to appeal a criminal sentence. http://www.ca11.uscourts.gov/opinions/ops/201112716.pdf Question certified to Georgia Supreme Court: is an annuity exempt from bankruptcy estate under Georgia law. http://www.ca11.uscourts.gov/opinions/ops/201113115.cert.pdf Order as to one of four defendants is … Continue reading →

Posted in Arbitration, Bankruptcy, Criminal, Eleventh Circuit, Rule 54(b), Statute of Limitations, Wrongful Death | Leave a comment