ATLANTA – The 11th Circuit U.S. Court of Appeals on Jan. 24 affirmed a summary judgment ruling in favor of an employer accused of race and age discrimination after finding that the co-worker the plaintiff claimed was treated better was not similarly situated (Cynthia M. Thomas v. Humana Health Plan, Inc., et al., No. 10-15120, [...]
ATLANTA – The 11th Circuit U.S. Court of Appeals in a Jan. 19 unpublished opinion upheld a district court’s dismissal of a suit contending that J.P. Morgan Chase & Co. (Chase) was not entitled to collect on loans it acquired because of fraudulent inducement (Gary C. Arms, et al. v. J.P. Morgan Chase & Co., [...]
ATLANTA – In an unpublished opinion, the 11th Circuit U.S. Court of Appeals on Jan. 11 affirmed a federal court’s dismissal of a proposed class action filed by investors who accused Bank of America NA of abetting convicted Ponzi scheme perpetrator Beau Diamond, agreeing with the federal court that the plaintiffs did not sufficiently show [...]
The 11th Circuit has granted a tax fraud defendant a new chance for a trial after one of its judges flagged for the man’s lawyer the issue that prevailed on appeal. The circuit’s unusual intervention set up its decision that a federal magistrate judge had erred by getting too involved in the plea bargaining process. [...]
ATLANTA – A trademark infringement defendant failed to persuade the 11th Circuit U.S. Court of Appeals that the trademark in question not protectable; the appellate panel on Dec. 15 upheld a grant of summary judgment in favor of the plaintiff (The Flag Company Inc. v. Steven A. Chan, No. 11-10429, 11th Cir.; 2011 U.S. App. [...]
ATLANTA – The 11th Circuit U.S. Court of Appeals issued a per curiam opinion on Dec. 13 affirming a defense judgment in a personal injury products liability lawsuit filed against DuPont in Florida for exposure to Atrazine in the fungicide Benlate (Guillermo Ramirez v. E.I. du Pont de Nemours & Co., No. 11-10035, 11th Cir.; [...]
WASHINGTON, D.C. – The U.S. Supreme Court on Dec. 12 declined to review an 11th Circuit U.S. Court of Appeals ruling that a disability insurer possessed a reasonable basis for its decisions to terminate benefits and its structural conflict of interest did not render those decisions arbitrary and capricious under the Employee Retirement Income Security [...]
ATLANTA – The 11th Circuit U.S. Court of Appeals on Dec. 5 vacated the summary judgment motion for a Fortune 500 company accused of age, race, sex and disability discrimination after finding that the former employee bringing the allegations presented sufficient evidence that he filed timely charges with the Equal Employment Opportunity Commission (Richard V. [...]
ATLANTA – A panel of the 11th Circuit U.S. Court of Appeals on Nov. 30 ruled that an oversecured creditor that granted the debtor a loan prior to bankruptcy was entitled only to the contract rate of interest on that loan for the period of time that elapsed from the filing of the bankruptcy petition [...]
GPB Lambda Legal to 11th Circuit: uphold ruling for trans woman fired by Georgia …Windy City Times(Atlanta, GA, December 1, 2011) – Today Lambda Legal urged the Eleventh Circuit Court of Appeals to uphold a lower court ruling that the Georgia General Assembly discriminated against Vandy Beth Glenn, a transgender woman who was fired from [...]