Petitioner appealed the district court’s denial of his untimely 28 U.S.C. 2254 petition challenging his Florida second-degree murder conviction. This appeal centered around the “depraved mind” mens rea in Florida Statutes 782.04(2). Petitioner conceded… Continue reading
Plaintiffs are personal investment holding corporations owned by two related Panamanian shareholders. Defendants, of who there are two distinct groups, are (1) a related group of banking corporations operating under the umbrella of Banco Santander, whi… Continue reading
Plaintiffs brought suit individually and on behalf of James Christopher Allen’s estate against defendants, including officers Cooks and Harkleroad, for excessive force, denial of medical care, violations of the Americans with Disabilities Act (ADA), 42… Continue reading
This was an appeal of a judgment of civil contempt that arose from a child pornography investigation. John Doe was served with a subpoena duces tecum requiring him to appear before a grand jury and produce the unencrypted contents located on the hard d… Continue reading
Relators brought a qui tam action against defendant and its subsidiaries, alleging violations of the reverse false claim provision of the False Claims Act (FCA), 31 U.S.C. 3729(a)(7). Relators subsequently appealed the district court’s dismissal, with … Continue reading
Debtor appealed from a district court order ruling that her debt from a fraudulent transfer judgment was nondischargeable in bankruptcy under 11 U.S.C. 523(a)(6). At issue was whether a fraudulent transfer of property by a co-conspirator constituted a … Continue reading
This case arose when plaintiff sought review of the denial of her long-term disability insurance benefits from Prudential. Upon the parties’ cross motions for summary judgment, the district court entered partial summary judgment for plaintiff on some i… Continue reading
This case involved a dispute between plaintiff and other class members (insureds) and Pioneer, which was succeeded in this action by Washington National. The controversy was over the proper interpretation of certain similar insurance contracts under Fl… Continue reading
Defendant pleaded guilty to three counts of attempted alien smuggling and one count of failing to obey an order by federal law enforcement to heave to their vessel. The district court applied an enhancement pursuant to U.S.S.G. 2L1.1(b)(5)(A) because a… Continue reading
Debtor appealed the district court’s decision affirming the bankruptcy court’s determination that an Illinois judgment debt owed to the Bank was not dischargeable, pursuant to 11 U.S.C. 523(a)(4). The court held that the bankruptcy court’s order must b… Continue reading