Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

Richard Hicks and his wife, Jocelyn Hicks, filed a lawsuit seeking monetary damages after Richard was injured by a vehicle driven by Gregory Middleton, an employee of Marine Terminals Corporation - East, d.b.a. Ports America. The incident occurred at the Port of Savannah, where both Hicks and Middleton worked as longshoremen. Middleton struck Hicks with his personal vehicle while allegedly on his way to retrieve work-related documents called "game plans."The United States District Court for the Southern District of Georgia granted summary judgment in favor of Ports America. The court ruled that Ports America could not be held vicariously liable for Middleton's actions because Middleton was not acting within the scope of his employment when the incident occurred. The court determined that Middleton was engaged in a personal activity, specifically commuting, and had not yet begun his work duties for Ports America.The United States Court of Appeals for the Eleventh Circuit reviewed the case and vacated the district court's grant of summary judgment. The appellate court found that there were genuine issues of material fact regarding whether Middleton was acting in furtherance of Ports America's business and within the scope of his employment when the incident occurred. The court noted that a jury could reasonably infer that Middleton's actions, including driving to retrieve the game plans, were part of his job responsibilities and thus within the scope of his employment. The case was remanded for further proceedings to allow a jury to determine these factual issues. View "Hicks v. Middleton" on Justia Law

A minor, J.F., was sexually assaulted by three fellow passengers in a stateroom on a Carnival cruise ship. J.F. alleged that Carnival could have foreseen the crime and failed to take preventative action. She sued Carnival for negligence, claiming the cruise line did not warn her of the danger or prevent the assault.The United States District Court for the Southern District of Florida granted summary judgment in favor of Carnival, concluding that the assault was not foreseeable. J.F. appealed the decision, arguing that Carnival had constructive notice of the risk due to previous incidents of sexual misconduct on its ships and the company's security policies.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Carnival did not owe J.F. a relevant duty because the cruise line did not have actual or constructive notice of the specific risk that led to the assault. The court found that the general statistics on sexual assaults and the alcohol-smuggling incident involving one of the assailants were insufficient to establish foreseeability. Additionally, the court determined that the hypothetical presence of more security personnel would not have prevented the assault, as the attack occurred in a private stateroom.The Eleventh Circuit affirmed the district court's judgment, concluding that Carnival neither owed J.F. a duty to prevent the assault nor proximately caused her injuries. View "J.F. v. Carnival Corporation" on Justia Law

Two defendants, Antonio Lemus and Carlos Daniel Canario-Vilomar, were convicted of cocaine-related charges under the Maritime Drug Law Enforcement Act (MDLEA). Lemus was apprehended on December 30, 2021, when U.S. Coast Guard officers intercepted a vessel north of Panama, found cocaine, and determined the vessel was without nationality after Colombia could not confirm its registration. Canario-Vilomar was arrested on December 6, 2021, when a similar vessel was intercepted north of Colombia, and the Dominican Republic could not confirm its registration. Both defendants were charged with conspiracy to possess and distribute cocaine on a vessel subject to U.S. jurisdiction.In the Southern District of Florida, Lemus pled guilty to both counts and was sentenced to 87 months in prison. In the Middle District of Florida, Canario-Vilomar pled guilty to conspiracy, and his motion to dismiss the indictment was denied. He was sentenced to 120 months in prison. Both defendants appealed, arguing that the MDLEA exceeded Congress's authority under the Felonies Clause of the Constitution and that their vessels were not stateless under international law. Canario-Vilomar also argued that his offense occurred in an Exclusive Economic Zone (EEZ), which he claimed was beyond Congress's regulatory authority.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Congress's authority under the Felonies Clause is not limited by international law, affirming that the MDLEA's definition of a "vessel without nationality" and the inclusion of the EEZ within the "high seas" were constitutional. The court also rejected Canario-Vilomar's due process argument, citing precedent that the MDLEA does not require a nexus to the United States for jurisdiction. Consequently, the Eleventh Circuit affirmed the convictions of both defendants. View "USA v. Canario-Vilomar" on Justia Law

Tim Daniels, a commercial fisherman in Florida, challenged the constitutionality of regulations by Florida’s Fish and Wildlife Conservation Commission (FWC) that restrict where and how Florida-registered vessels can harvest Florida pompano in federal waters. Daniels argued that federal law preempts state regulations affecting fishing in federal waters and that Florida’s regulations violate the Equal Protection Clause by only restricting Florida-registered vessels.The United States District Court for the Southern District of Florida granted summary judgment for the FWC, concluding that Florida’s regulations do not violate the Privileges and Immunities Clause, the Supremacy Clause, the Commerce Clause, or the Equal Protection Clause. The court also determined that Daniels lacked standing to sue.The United States Court of Appeals for the Eleventh Circuit reviewed the case and concluded that Daniels has standing to sue because he faces a credible threat of prosecution under Florida’s regulations, which affects his commercial fishing activities. The court found that Daniels’s injury is directly traceable to Florida’s regulations and can be redressed by a favorable judicial decision.On the merits, the Eleventh Circuit held that the Magnuson-Stevens Fishery Conservation and Management Act does not preempt Florida’s regulations. The court reasoned that the Act allows states to regulate fishing vessels registered under their laws in federal waters when there is no federal fishery management plan or regulations in place. The court also held that Florida’s regulations do not violate the Equal Protection Clause because they are rationally related to the legitimate governmental purpose of conserving and managing pompano stock, and the regulations only apply to Florida-registered vessels, which are within the state’s jurisdiction.The Eleventh Circuit affirmed the District Court’s decision, upholding Florida’s pompano regulations. View "Daniels v. Executive Director of the Florida Fish and Wildlife Conservation Commission" on Justia Law

The case involves Havana Docks Corporation, which held a 99-year usufructuary concession at the Port of Havana, Cuba. This concession, granted in 1905, allowed Havana Docks to build and operate piers at the port. The Cuban Government expropriated this concession in 1960, and Havana Docks has not received compensation for this expropriation. The concession was set to expire in 2004. Havana Docks filed a claim with the Foreign Claims Settlement Commission, which certified its loss at $9.179 million.The United States District Court for the Southern District of Florida ruled in favor of Havana Docks, awarding over $100 million in judgments against four cruise lines—Royal Caribbean Cruises, Norwegian Cruise Line Holdings, Carnival Corporation, and MSC Cruises—for trafficking in the confiscated property from 2016 to 2019. The court found that the cruise lines had engaged in trafficking by docking their ships at the terminal, using the property to embark and disembark passengers, and using it as a starting and ending point for shore excursions.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Havana Docks' limited property interest had expired in 2004, and therefore, the cruise lines did not traffic in the confiscated property from 2016 to 2019. The court affirmed the district court's ruling that Havana Docks is a U.S. national under Title III of the Helms-Burton Act but reversed the judgments against the cruise lines for the 2016-2019 period. The case was remanded for further proceedings regarding Havana Docks' claims against Carnival for alleged trafficking from 1996 to 2001. View "Havana Docks Corporation v. Royal Caribbean Cruises, Ltd." on Justia Law

John Moore, Jr., and Tanner Mansell, who worked as boat crew for a shark encounter company in Jupiter, Florida, were involved in an incident on August 10, 2020. During a trip with the Kuehl family, they found a long fishing line attached to a buoy, which they believed was illegal. They hauled the line into the boat, cut sharks free from the hooks, and reported the incident to a Florida Fish and Wildlife Officer. However, the line was legally placed by Scott Taylor, who had the proper permits for shark research. Moore and Mansell were later indicted for theft of property within special maritime jurisdiction, as the line and gear belonged to Taylor.The United States District Court for the Southern District of Florida handled the initial trial. Moore and Mansell requested a jury instruction that required the jury to find they stole the property for their own use or benefit to convict them under 18 U.S.C. § 661. The district court rejected this request, instead instructing the jury that to steal means to wrongfully take property with the intent to deprive the owner of its use. The jury found both defendants guilty, and they were sentenced to one year of probation.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the district court did not abuse its discretion in rejecting the proposed jury instruction. The appellate court found that the term "steal" in 18 U.S.C. § 661 does not require the intent to convert the property for personal use, aligning with the broader interpretation of theft under federal law. Consequently, the Eleventh Circuit affirmed the district court's decision. View "United States v. Moore" on Justia Law

In March 2020, seven crewmembers of the M/V Greg Mortimer cruise ship filed a lawsuit against several companies, including CMI Leisure Management, Inc., Cruise Management International, Inc., and Vikand Medical Solutions, LLC. The crewmembers alleged that the decision to sail during the COVID-19 pandemic exposed them to foreseeable harms, resulting in six of them contracting the virus. The crewmembers had signed employment agreements with other companies that contained forum-selection and choice-of-law clauses requiring disputes to be brought in the Bahamas under Bahamian law.The United States District Court for the Southern District of Florida dismissed the action based on the forum-selection clause. The court ruled that the defendants, who were not parties to the employment agreements, could invoke the forum-selection clause under the doctrine of equitable estoppel.Upon review, the United States Court of Appeals for the Eleventh Circuit vacated and remanded the decision. The appellate court held that the defendants could not invoke the forum-selection clause in the employment agreements under the doctrine of equitable estoppel. The court reasoned that the crewmembers' claims did not rely on the terms of their employment agreements, and thus, equitable estoppel did not apply. The court remanded the case for further proceedings consistent with its opinion. View "Usme v. CMI Leisure Management, Inc." on Justia Law

The United States Coast Guard seized a vessel in the Dominican Republic's Exclusive Economic Zone (EEZ) that bore no nationality indicators. The crew claimed Colombian nationality for the vessel, but Colombia could not confirm or deny the vessel's registry, rendering it stateless under the Maritime Drug Law Enforcement Act (MDLEA). The vessel was found to contain drugs, leading to the arrest and prosecution of the crew members, Jhonathan Alfonso, Jose Jorge Kohen, and Jose Miguel Rosario-Rojas, under the MDLEA.The defendants moved to dismiss the indictment, arguing that the MDLEA was unconstitutional as applied to them because they were arrested in the EEZ, which they asserted is not part of the "high seas" as defined by customary international law. The district court denied the motion, concluding that it had subject matter jurisdiction under the MDLEA. The defendants subsequently pleaded guilty to conspiracy to possess with intent to distribute a controlled substance while on board a vessel subject to the jurisdiction of the United States.On appeal, the United States Court of Appeals for the Eleventh Circuit affirmed the district court's decision. The court concluded that the EEZ is part of the "high seas" and thus within Congress’s authority under the Felonies Clause. The court also concluded that the defendants could not show any plain error with regard to the MDLEA’s definition of a vessel without nationality as including vessels where registry is asserted but cannot be confirmed or denied by the foreign country. View "United States v. Alfonso" on Justia Law

The case involves a personal injury action brought by Earlene McBride against Carnival Corporation. McBride fell out of her wheelchair while being assisted by a Carnival crewmember, Fritz Charles, during disembarkation from a Carnival cruise ship. McBride claimed that she suffered severe injuries due to the fall and sued Carnival for negligence.The case was initially heard in the Southern District of Florida. During the trial, the court allowed the deposition testimony of Charles to be presented to the jury over McBride's objection. The jury awarded McBride economic damages for past medical expenses related to the fall but did not award her any damages for past pain and suffering. McBride appealed the district court's judgment, arguing that the court erred in allowing Charles's deposition testimony to be presented to the jury and that the jury's verdict was inadequate because it did not award her past pain and suffering damages.The United States Court of Appeals for the Eleventh Circuit affirmed the district court's decision to allow Charles's deposition testimony to be presented to the jury. The court found that McBride had waived her objection to the use of the deposition by not raising it at the appropriate time during the trial. However, the court reversed the district court's denial of McBride's motion for a new trial on the issue of past pain and suffering damages related to the past medical expenses the jury awarded. The court found that the jury's verdict was inadequate as a matter of law because there was uncontradicted evidence that McBride suffered at least some pain in the immediate aftermath of the wheelchair incident. The case was remanded for a new trial limited to the issue of past pain and suffering damages related to the past medical expenses the jury awarded. View "McBride v. Carnival Corporation" on Justia Law

In a personal injury lawsuit, Carelyn Fylling sued Royal Caribbean Cruises for negligence after she tripped, fell, and hit her head while entering a deck on one of their cruise ships. The case was tried before a jury in the United States District Court for the Southern District of Florida. During the trial, the court became aware that one of the jurors had a niece who worked for Royal Caribbean. Despite this potential conflict of interest, the court did not remove or question this juror about any potential bias, and allowed her to participate in deliberations. The jury found Royal Caribbean negligent, but also found Fylling comparative-negligent, reducing her recovery by ninety percent. Fylling appealed to the United States Court of Appeals for the Eleventh Circuit, arguing that the lower court abused its discretion by not investigating the potential bias of the juror related to an employee of the defendant.The Eleventh Circuit agreed with Fylling. The court held that the district court abused its discretion by not investigating whether the juror could impartially discharge her responsibilities once it became aware of her potential bias. The court explained that when a district court becomes aware of potential juror bias, it is required to develop the factual circumstances sufficiently to make an informed judgment as to whether bias exists. A district court's obligation to protect the right to an impartial jury does not end when the jury is impaneled and sworn. The Eleventh Circuit therefore reversed the judgment and remanded the case for a new trial. View "Fylling v. Royal Carribean Cruises, Ltd." on Justia Law