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Topic: 11th Circuit Court of Appeals

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	United States court of appeals - Wikipedia, the free encyclopedia
		Although the courts of appeals are frequently referred to as “circuit courts”, they should not be confused with the historical United States circuit courts, which existed from 1789 to 1911 and were primarily trial courts.
		Historically, certain classes of cases held a right of automatic appeal to the Supreme Court of the United States; that is, one of the parties to the case could appeal a decision of a court of appeals and the Supreme Court had to accept the case.
		A court of appeals applies the law as it exists at the time of the appeal, otherwise it would be handing down decisions that were instantly obsolete, and this would be a waste of resources since such decisions could not be cited as precedent.
	en.wikipedia.org /wiki/United_States_court_of_appeals (1418 words)

	[No title]
		In Staples, this court emphasized that the plaintiff=s Aclaims against the [the insurers were] derivative of, and predicated on, her claims against [the lender]; if she had no claim against [the lender], she had no claim against [the insurers].@ 936 F. Supp.
		In Roberson, this court emphasized that the holding was a result of the plaintiffs= allegations of Acommon breaches of duties by all defendants working handinhand,@ essentially acting on behalf of each other to commit a common and conspiratorial fraud.
		In light of the foregoing, we agree with the district court that the present RICO suit does not present an appropriate circumstance for equitable estoppel, and even if we did not agree, we would be hard pressed to identify any abuse of discretion in the court=s decision to forego application of the doctrine.
	www.hmocrisis.com /courtdocs/eleventhcircuitdecision020314march02.doc (1667 words)

	11th Circuit Court of Appeals judgement in 94' Alabama Election [Free Republic]
		The court, with the consent of all parties, also certified the Roe Class and, after Clarence T. Hellums was substituted for the deceased John Davis, the court certified the Hellums Class (consisting of voters who had cast contested ballots).
		The district court barred the requested discovery because (as the court stated in the addendum to its final judgment) to permit the Hellums Class to inspect the approximately 100,000 envelopes would prolong the proceedings and delay interminably the disposition of the case.
		In conclusion, we AFFIRM the judgment of the district court.
	www.freerepublic.com /forum/a3a19388e69a2.htm (2865 words)

	Abstract Appeal -- by Matt Conigliaro
		The court discussed some constitutional (preemption) and appellate (preservation) issues triggered by the parties' respective efforts to reverse and uphold the decision, and the court ultimately decided that the statement was beyond the agency's authority to issue.
		The circuit court explained that, on appeal, the plaintiffs argued only a modified version of the theory they presented to the district court, and by changing the theory on appeal, they left the court with nothing to review.
		Florida courtwatchers know that our high court is continuously treading farther down the path of multiple concurrences, where justices who agree with the majority offer independent, non-binding thoughts on the issues ruled upon and not ruled upon, and justices disagreeing in whole or part with the majority set out their differences, too.
	abstractappeal.com /archives/2004_09_01_abstractappeal_archive.html (8291 words)

	COURT TV ONLINE - TOP NEWS
		ATLANTA (AP) — Appeals Court judges asked a Democratic Party attorney Tuesday why it was constitutional to do hand recounts of presidential votes only in Florida's three largest counties, all of which are predominantly Democratic.
		Roseborough, the Florida Democratic Party's lawyer, said the federal appeals court cannot decide the two cases now because appeal avenues still are available to the plaintiffs in Florida.
		Gore's lawyers appealed to the Florida Supreme Court, and the justices have agreed to hear arguments in the case Thursday morning.
	www.courttv.com /news/decision_2000/120500_11thcirc_ap.html (627 words)

	United States Court of Appeals 11th Circuit Court Opinion on US vs Eidson
		Courts have agreed that Congress intended the definition of navigable waters under the Act "to reach to the full extent permissible under the Constitution." See United States v.
		Eidson claims that the district court erred because there was insufficient evidence to conclude that these employees were participants in the illegal discharge and fraudulent scheme.
		Wilson, 993 F.2d 214, 216 (11th Cir.1993) ("We apply the version of the sentencing guidelines and commentary in effect on the date of sentencing, unless a more lenient punishment would result under the guidelines version in effect on the date the offense was committed.") (citations omitted).
	www.wetlands.com /fed/eidson1.htm (4565 words)

	Law.com - 11th Circuit Extends Baseball Antitrust Shield
		The 11th Circuit case stemmed from considerations in 2001 by baseball owners to reduce the number of Major League teams from 30 to 28.
		Butterworth filed an appeal to the 11th Circuit, which was continued when Charlie Crist won election to the attorney general's post last year.
		Ross said he'd hoped the court would allow the investigation to continue as a way to establish a factual record that could be used eventually in an attempt to challenge the Flood decision at the Supreme Court.
	www.law.com /jsp/article.jsp?id=1052440802381 (1022 words)

	Electronic Briefs - Federal Court Rules
		Instead, the Court in 1997 issued Administrative Order 98-2 (apparently not available online), stating that electronic briefs may be filed when all parties have consented or the court has granted a motion to file.
		Circuit Rule 31(e) requires a digital copy of each brief and the joint appendix to be filed with the paper copy of the brief.
		Circuit Rule 31-5 requires a digital copy of each brief to be filed with the paper copy of the brief.
	www.tglmedia.com /news/rulesfed.html (977 words)

	AASB: Publications/Court Report (Site not responding. Last check: 2007-11-02)
		The district court had found the employee was attempting to exercise the FMLA right but said there were no grounds to support the retaliation claim.
		The court did not grant the school board’s request for unitary status in the area of student assignment.
		The court found the board had complied with court orders “and it eliminated to the extent practicable the vestiges of the prior de jure segregated school system.
	www.theaasb.org /court_report.cfm?DocID=1512 (1276 words)

	11th Circuit Court of Appeals Upholds Georgia Law Mandating Drug Tests for Political Candidates
		The U.S. Court of Appeals for the Eleventh Circuit ruled on January 22, 1996 in a 2-1 decision that a Georgia law requiring all political candidates to be drug tested is constitutional (Chandler v.
		Third, the court found that the purpose of the law was not to stifle free expression, but to safeguard the people of Georgia against incompetent leadership.
		Finally, the court found that any restrictions on freedom of speech were not overly restrictive in relation to the interest of the government.
	www.ndsn.org /march96/11thcirc.html (832 words)

	Tampabay: Appeals court awaits on Day 6
		The judges of the 11th U.S. Circuit Court of Appeals in Atlanta remained silent late Tuesday on whether they would hear an appeal of a federal judge's order, although lawyers expect some kind of decision as early as today.
		Courts, citing doctors' testimony, have ruled that Terri Schiavo is in a persistent vegetative state, a result of brain injuries suffered in 1990.
		Whichever side prevails in the 11th Circuit, the case is expected to quickly be appealed to the U.S. Supreme Court, which has refused to hear appeals in the case.
	www.sptimes.com /2005/03/23/Tampabay/Appeals_court_awaits_.shtml (1243 words)

	11th Circuit Court--12/15/94 (Site not responding. Last check: 2007-11-02)
		The Nov. 30 decision by a three-judge panel of the 11th Circuit held that the acquisition of Cape Coral by Lee Memorial was protected from antitrust scrutiny under the "state action doctrine," which allows certain activities that otherwise might violate the antitrust laws when the legislature clearly articulates a purpose to displace competition.
		On May 18, the Commission appealed the decision to the Court of Appeals for the 11th Circuit, which granted a stay pending appeal to prevent the merger of the two hospitals.
		Copies of the complaint, the appeal and the petition are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 202-326-2222; TTY for the hearing impaired 1-866-653-4261.
	www.ftc.gov /opa/predawn/F95/appeal-leemem.htm (356 words)

	NIGA Resource Library
		Circuit Court of Appeals considered both the public policy of the state on the issue of bingo and the intent of the legislature in enacting the bingo statute.
		The Court found that "the game of bingo is not against the public policy of the state of Florida." Rather than prohibit bingo, the Florida bingo statute regulates the legal act of conducting bingo by imposing certain limitations.
		In its appeal the state contended that the "Proposed Gaming Activities" in electronic format were not permitted by the state, so therefore the IGRA did not obligate the state to negotiate for the regulation of those activities.
	www.indiangaming.org /library/studies/1009-minority_rept_021500 (10957 words)

	Consequences of the Ruling by the 11th Circuit Court of Appeals on Forest Management Projects (Site not responding. Last check: 2007-11-02)
		The appeals court held that the Forest Service's approval of these projects was arbitrary and capricious because the agency lacked the required inventory or population data.
		1 The appeals court held that the Forest Service's decision to approve the timber sales was arbitrary and capricious because the agency lacked the required inventory or population data on (1) PETS species of plants and animals and (2) management indicator species.
		To determine the type of consequences that could be associated with the appeals court's ruling, we met with or contacted Forest Service officials in the Southern Region (including officials in the Alabama, Florida, and Georgia forest offices); environmental, timber industry, and community representatives; and the regional general counsel for the U. Department of Agriculture.
	www.washingtonwatchdog.org /documents/gao/01/GAO-01-51R.html (8016 words)

	BenchMark: NCJWs Campaign to Save Roe
		The states in the 11th Circuit receive an average grade of D- regarding reproductive rights.
		While over the years courts have struck down some of these onerous restrictions as unconstitutional, the vast majority remain on the books.
		It will be up to the judges who sit on the 11th Circuit Court to uphold or deny a woman's reproductive rights as they deliberate the constitutionality of these restrictive laws.
	www.benchmarkcampaign.org /php/CircuitCourtInfo.php?circuit=11 (213 words)

	Bush asks 11th Circuit Court of Appeals to stop the recount - December 9, 2000
		On Wednesday, the federal appeals court had denied a similar Bush appeal that claimed he would be irreparably harmed if a hand recount proceeded because Bush already had been certified as the winner in Florida.
		In the appeals court filing, Bush attorney Ted Olson argues: "Simply put, there has been a sudden and dramatic change in the core factual assumptions underlying the court's opinion, and plaintiff's irreparable injury is more immediate and palpable than ever."
		The U.S. Supreme Court justice who oversees the 11th Circuit is Justice Anthony Kennedy.
	archives.cnn.com /2000/ALLPOLITICS/stories/12/09/bush.appeal (519 words)

	In The Courts \| 11th Circuit Court of Appeals Rejects Sen. Kennedy's Challenge of Pryor's Recess Appointment to Court - ...
		The 11th U.S. Circuit Court of Appeals in Atlanta on Thursday rejected Sen. Edward Kennedy's (D-Mass.) attempt to block President Bush's recess appointment of former Alabama Attorney General William Pryor (R) to the appeals court, the
		However, Kennedy said that the language in the Constitution describing the recess-appointment power suggests that it should be used only "at the end of a Congress or the recess between the annual sessions of Congress." Pryor was appointed during the week-long Presidents Day break.
		Kennedy urged the 11th Circuit Court judges to determine whether Pryor's appointment is valid, adding that if the appointment is invalid, "any case in which he participates may be constitutionally tainted" (
	www.kaisernetwork.org /daily_reports/rep_index.cfm?DR_ID=24208 (403 words)

	Terror Fears Can't Curb 'Liberty' -11th Circuit Court Of Appeals (Site not responding. Last check: 2007-11-02)
		A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled unanimously Friday that protesters may not be required to pass through metal detectors when they gather next month for a rally against a U.S. training academy for Latin American soldiers.
		Authorities began using the metal detectors at the annual School of the Americas protest after the 2001 terrorist attacks, but the court found that practice to be unconstitutional.
		The mayor said the city attorney's office is considering appealing the ruling to the full 11th Circuit.
	www.rense.com /general58/terrd.htm (625 words)

	FOXNews.com - Supreme Court Denies Parents' Plea - U.S. & World
		The latest emergency request argued that the federal courts didn't consider whether there was enough "clear and convincing" evidence that Schiavo would have chosen to die in her current condition.
		Less than a day after the 11th U.S. Circuit Court of Appeals (search) allowed the Schindlers to file the latest of several emergency appeals to reverse the feeding tube decision, the court again rejected the possibility of a hearing.
		For the appeal to be granted, the parents' request would have needed the support of seven of the court's 12 judges.
	www.foxnews.com /story/0,2933,151889,00.html (1686 words)

	U.S. Court of Appeals, Tenth Circuit Opinions
		This website provides access to the opinions of the United States Court of Appeals, Tenth Ciruit.
		Please call prompt attention to typographical or other formal errors by notifying Elisabeth Shumaker, Clerk, United States Court of Appeals, Tenth Circuit, Byron White U.S. Courthouse, 1823 Stout Street, Denver, CO 80257 via phone at 303-844-3157 or their feedback form.
		Visit the 10th Circuit web site maintained by the Court for the Court Calendar, rules, the Practitioners' Guide, and other information.
	www.kscourts.org /ca10 (339 words)

	United States Court of Appeals for the Eleventh Circuit - Wikipedia, the free encyclopedia
		The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia.
		As of 2006, the judges on the court are:
		The court is based in the Elbert P. Tuttle U.S. Court of Appeals Building at 56 Forsyth Street, NW in Atlanta, Georgia.
	en.wikipedia.org /wiki/11th_Circuit_Court_of_Appeals (1028 words)

	Attorney Court Admissions - 11th Circuit Court of Appeals - Epstein Becker & Green, P.C.
		U.S. Court of Appeals for the District of Columbia Circuit
		U.S. Court of Appeals for the Eighth Circuit
		U.S. Court of Appeals for the Seventh Circuit
	www.ebglaw.com /crt_404.htm (292 words)

	11th Circuit Court Rejects...
		ATLANTA (AP) -- A federal appeals court refused early Wednesday to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request by the severely brain-damaged woman's parents.
		Schiavo's parents had begged the appeals court in Atlanta on Tuesday to restore the feeding tube before she dies.
		The panel of the 11th Circuit Court of Appeals said Schiavo's parents "failed to demonstrate a substantial case on the merits of any of their claims."
	homepage.mac.com /sbooneaz/iblog/C1538775773/E130639610/index.html (334 words)

	CAP/ADID - U.S. 11th Circuit Court of Appeals Ready to Expand (Site not responding. Last check: 2007-11-02)
		In early April, the U.S. General Services Administration held a public meeting and announced a proposed plan to expand the U.S. eleventh circuit Court of Appeals.
		Currently the Court of Appeals is housed in two separate buildings in Downtown's Fairlie-Poplar Historic District: the Elbert P. Tuttle Building, at 57 Forsyth Street, and 55 Marietta Street, one block from the main building.
		The proposed plan involves the acquisition of two buildings west of the Tuttle Building, consolidating Court operations to the area bounded by Forsyth Street, Walton Street, Fairlie Street and Poplar Street.
	www.centralatlantaprogress.org /NewsCourthouseExpansion.asp (336 words)

	FOXNews.com - Schiavo's Parents Running Out of Options - U.S. & World
		But because the high court previously refused to hear the case, lawyers thought the appeals court may be their best hope.
		The decision from the appeals court came one day after U.S. District Judge James Whittemore of Tampa denied the Schindlers' request to have the tube reinserted, saying the Schindlers had not established a "substantial likelihood of success" at trial on the merits of their arguments.
		Even before the parents' full appeal was filed, Schiavo's husband, Michael, said in his own filing that his wife's rights would be violated if the judges ordered nutrition restored during the legal wrangling.
	www.foxnews.com /story/0,2933,151227,00.html (1756 words)

	Florida Southern District Court (Site not responding. Last check: 2007-11-02)
		Notice of proposed amendments to the Rules of the 11th Circuit U.S. Court of Appeals*
		Notice of proposed amendments to the rules of the 11th Circuit Court of Appeals*
		Notice of Amendments to the Rules of the 11th Circuit U.S. Court of Appeals*
	www.flsd.uscourts.gov /default.asp?file=publicNotices.asp (158 words)

	CNN Transcript - Burden of Proof: Elian Gonzalez Case: 11th Circuit Court of Appeals Hears Petition to Grant Asylum ...
		The 11th Circuit, ordinarily, you'd expect to wait a couple of months to hear from them on their final opinion, but I think they're aware this is an expedited case.
		Basically, the court has said that the attorney general, in applying the guidelines in determining whether there should be an asylum hearing or not - and the court has said she has the discretion to make that determination - acted reasonably.
		He, like most of the 11th Circuit, is seen as somebody who's basically deferential to the government in immigration matters.
	edition.cnn.com /TRANSCRIPTS/0005/11/bp.00.html (2944 words)

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