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

Borrowers filed suit alleging that Great Lakes made affirmative misrepresentations to them and other borrowers that they were on track to have their student loans forgiven based on their public-service employment when, in fact, their loans were ineligible for the forgiveness program. Borrowers alleged a variety of claims under Florida law, including the Florida Consumer Collection Practices Act (FCCPA). The district court ruled that Borrowers' claims were preempted by a provision of the Higher Education Act of 1965 (HEA), which prohibits the application of state law disclosure requirements to loans made under federal student loan programs.The Eleventh Circuit held that the HEA, which expressly preempts state law disclosure requirements, does not preempt Borrowers' claims in this case. The court also held that Borrowers' claims are not otherwise preempted. Accordingly, the court vacated the district court's dismissal of the claims and remanded for further proceedings. View "Lawson-Ross v. Great Lakes Higher Education Corp." on Justia Law

Upon reconsideration, the Eleventh Circuit sua sponte vacated its prior opinion and substituted the following opinion.The court held that defendant's private, person-to-person text messages asking an individual he thought was a minor to send him sexually explicit pictures of herself cannot support a conviction for making a "notice" to receive child pornography in violation of 18 U.S.C. 2251(d)(1). The court also held that there was sufficient evidence for a jury to find that defendant believed the victim was thirteen years old, and the district court did not abuse its discretion in permitting the detective's challenged testimony. Therefore, the court reversed defendant's conviction under section 2251(d)(1) and affirmed his convictions under sections 2422(b) and 2251(a). View "United States v. Caniff" on Justia Law

The Eleventh Circuit vacated its prior opinion and substituted the following opinion.The court held that a conviction for making terroristic threats under O.C.G.A. 16-11-37(a) is indivisible and overbroad under Mathis v. United States, 136 S. Ct. 2243, 2249 (2016), and therefore a violation of that statute categorically does not constitute a predicate offense under the elements clause of the Armed Career Criminal Act (ACCA). Therefore, the court held that defendant did not have three qualifying predicate offenses, as required to support the application of an enhancement under the ACCA. The court remanded for resentencing. View "United States v. Oliver" on Justia Law

Defendant appealed his convictions for conspiring to defraud the United States by committing mail fraud; wire fraud; and receiving, concealing, and retaining money of the United States, as well as receiving, concealing, and retaining money of the United States. Defendant's charges stemmed from his involvement in a fraudulent scheme to obtain federal grant money.The Eleventh Circuit affirmed defendant's conviction for conspiracy because he does not dispute that he committed two of the three alternative objectives of the conspiracy within the limitation period. The court also affirmed defendant's conviction for receiving, concealing, and retaining government money on the ground it is a continuing offense for which he was timely indicted. View "United States v. Maher" on Justia Law

Plaintiff filed suit against Bay Point in state court and added DCT as a plaintiff in an amended complaint, alleging that Bay Point's foreclosure of two properties caused him to lose the collateral's value exceeding the debt balance, and to suffer mental anguish. After Bay Point removed to bankruptcy court, the district court affirmed the bankruptcy court's order in favor of Bay Point. Plaintiff and DCT appealed, but then the district court granted DCT's motion to dismiss.The Eleventh Circuit held that plaintiff lacked Article III standing, because he failed to allege a particularized, actual injury. Furthermore, plaintiff was not a person aggrieved. Therefore, plaintiff may not appeal the district court's decision affirming the bankruptcy court's order. View "Thakkar v. Bay Point Capital Partners, LP" on Justia Law

The Eleventh Circuit reversed the district court's grant of summary judgment in favor of Worldplay on plaintiff's claim of retaliation under Title VII of the Civil Rights Act. The court held that the district court erroneously applied the court's decision in Gowski v. Peake, 682 F.3d 1299, 1312 (11th Cir. 2012), and required plaintiff to show that the alleged retaliation was sufficiently pervasive to alter the conditions of her employment. However, the proper standard in a retaliation case is the one set out by the Supreme Court in Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53, 57 (2006), where the retaliation is material if it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination. In this case, the court held that a jury must decide plaintiff's retaliation claim and thus remanded for a jury trial. View "Monaghan v. Worldpay US, Inc." on Justia Law

The Eleventh Circuit affirmed appellants' convictions and sentences for narcotics trafficking and firearms possession. The court held that the district court did not plainly err in allowing appellants to be shackled during trial; the district court did not abuse its discretion in addressing the jury note and declining to conduct a Remmer hearing; although the indictment omitted the mens rea element for appellants' 18 U.S.C. 922(g) charges, this error did not deprive the district court of jurisdiction, requiring vacatur under Rehaif v. United States, 139 S. Ct. 2191 (2019); and the government's failure to prove the now-requisite mens element did not constitute a plain error. Finally, the court held that appellants' remaining claims were without merit and did not warrant discussion. View "United States v. Moore" on Justia Law

The Eleventh Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254. The court held that the state habeas court's decision as to petitioner's ineffective-assistance-of-trial-counsel claim was neither contrary to nor an unreasonable application of federal law nor based on an unreasonable determination of the facts. The court rejected petitioner's claim that trial counsel was constitutionally ineffective under Strickland v. Washington when counsel failed to investigate mitigating evidence at sentencing.Petitioner also alleged that he was denied due process and a fair trial when his request for a one day continuance was denied, that the jury's verdict was unconstitutional, and that he was denied a right to self-representation under Faretta v. California. The court concluded that it was barred from considering petitioner's claims because he failed to raise them on direct appeal, and cannot show cause and prejudice to overcome the default. View "Sealey v. Warden, Georgia Diagnostic Prison" on Justia Law

Petitioner petitioned the Eleventh Circuit a second time to review the BIA's final order of removal. The court had granted in part petitioner's first petition challenging the classification of his prior conviction for aggravated battery with a firearm as an aggravated felony under the residual clause definition of a crime of violence. The court held that the residual clause was void for vagueness under Sessions v. Dimaya, 138 S. Ct. 1204, 1210 (2018), and granted the petition. On remand, the BIA classified petitioner's prior conviction as an aggravated felony under the elements clause of the definition of a crime of violence pursuant to 18 U.S.C. 16(a).The court denied in part and dismissed in part the second petition, holding that petitioner's arguments -- that the Florida statute defining aggravated battery is indivisible and that the offense does not constitute a crime of violence -- are foreclosed by precedent. The court also held that it lacked jurisdiction over petitioner's argument that the BIA should review his application for deferral of removal, because petitioner failed to challenge the denial of his application in his appeal to the BIA. View "Lukaj v. U.S. Attorney General" on Justia Law

Plaintiff filed a class action against Travelport and the Galileo & Worldspan U.S. Legacy Pension Plan under the Employee Retirement Income Security Act of 1974, alleging claims for improperly withheld pension benefits, document-disclosure penalties, and breach of fiduciary duties. The district court dismissed all claims.With respect to plaintiff's claim for benefits, the Eleventh Circuit reversed and remanded for the district court to review her claim anew after Travelport has certified and submitted the complete and accurate administrative record. The court reversed the district court's award of attorney's fees, but otherwise affirmed the district court's judgment. View "Williamson v. Travelport, LP" on Justia Law