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

The Eleventh Circuit vacated its prior opinion and substituted the following opinion in its place.The court dismissed defendant's appeal of the district court's denial of his motion requesting a judicial recommendation to the Bureau of Prisons (BOP) for placement in a residential reentry center (RRC) 12 months prior to the end of his sentence. The court held that the denial of a request for a judicial recommendation was not a final order subject to appellate review. Therefore, the court lacked jurisdiction over the appeal. View "United States v. Martin" on Justia Law

The Eleventh Circuit vacated its prior opinion and substituted the following opinion in its place.The court dismissed defendant's appeal of the district court's denial of his motion requesting a judicial recommendation to the Bureau of Prisons (BOP) for placement in a residential reentry center (RRC) 12 months prior to the end of his sentence. The court held that the denial of a request for a judicial recommendation was not a final order subject to appellate review. Therefore, the court lacked jurisdiction over the appeal. View "United States v. Martin" on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of the Hospitals' suit to recover recoupments. At issue was whether, under the Medicare Act, 42 U.S.C. 1395w-21 to 1395w-29, the Hospitals must exhaust their administrative remedies before bringing suit for underpayment by the Medicare Advantage Organization (MAO) that manages enrollee benefits. The court held that the Hospitals, who were challenging CIP's recoupment decision, were parties to an "organization determination" who were subject to the administrative exhaustion requirements of the Medicare Act. The court noted that although it was sympathetic to the concern HHS has expressed in amicus briefs, the language of the Medicare Act and its implementing regulations was clear that billing disputes between MAOs and noncontract provider assignees qualify as "organization determinations" and were thus subject to the Act's exhaustion requirement. View "Tenet HealthSystem GB, Inc. v. Care Improvement Plus South Central Insurance Co." on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of the Hospitals' suit to recover recoupments. At issue was whether, under the Medicare Act, 42 U.S.C. 1395w-21 to 1395w-29, the Hospitals must exhaust their administrative remedies before bringing suit for underpayment by the Medicare Advantage Organization (MAO) that manages enrollee benefits. The court held that the Hospitals, who were challenging CIP's recoupment decision, were parties to an "organization determination" who were subject to the administrative exhaustion requirements of the Medicare Act. The court noted that although it was sympathetic to the concern HHS has expressed in amicus briefs, the language of the Medicare Act and its implementing regulations was clear that billing disputes between MAOs and noncontract provider assignees qualify as "organization determinations" and were thus subject to the Act's exhaustion requirement. View "Tenet HealthSystem GB, Inc. v. Care Improvement Plus South Central Insurance Co." on Justia Law

Plaintiff filed suit against SPS for damages under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2601 et seq. The Eleventh Circuit affirmed the district court's grant of summary judgment to SPS, holding that SPS successfully invoked section 3500.21(e)(1) by directing borrowers to mail qualified written requests (QWRs) to a particular office, even though it used that office for other purposes as well. Because plaintiff failed to address his QWR to SPS's designated address for QWR receipt, SPS had no duty to respond to it. View "Bivens v. Select Portfolio Servicing, Inc." on Justia Law

The Eleventh Circuit affirmed defendant's convictions for possessing a firearm and ammunition while being illegally or unlawfully in the United States. Citing textual support, prior precedent, congressional acquiescence, and analogous common law, the court held that there was no mens rea requirement with respect to the status element of 18 U.S.C. 922(g). Therefore, the district court did not err when it gave its jury instruction stating that the government was not required to prove that defendant knew that he was illegally or unlawfully in the United States. The court also held that the district court did not err when it instructed the jury that an alien illegally or unlawfully in the United States was an alien whose presence within the United States was forbidden or not authorized by law. View "United States v. Rehaif" on Justia Law

The Eleventh Circuit dismissed defendant's motion requesting a judicial recommendation to the Bureau of Prisons (BOP) for placement in a residential re-entry center (RRC) 12 months prior to the end of his sentence. Defendant contended that a prolonged placement at an RRC would help aid his re-integration into society. The court held that the denial of a request for a judicial recommendation was not a final order subject to appellate review. Moreover, the relief requested, if granted, would violate the prohibition on federal courts issuing non-binding advisory opinions. View "United States v. Martin" on Justia Law

The City challenged the district court's order granting Retailers' renewed motion for a preliminary injunction, and denying the City's motions for clarification and for reconsideration. The preliminary injunction enjoined the enforcement of two City ordinances that restrict commercial solicitation and handbilling in sections of five streets in the Historic Art Deco District. The Eleventh Circuit held that the district court did not err in finding that Retailers were likely to succeed on the merits with respect to Section 74-1, the anti-solicitation ordinance, because the record suggested that the ordinance was not narrowly tailored–specifically that the City failed to consider numerous and obvious less-burdensome alternatives. The court also held that the district court correctly concluded that Retailers showed a substantial likelihood of success on their claim that Section 46-92, the anti-handbilling ordinance, was overbroad. Accordingly, the court affirmed the district court's order granting a preliminary injunction. View "FF Cosmetics FL, Inc. v. City of Miami Beach" on Justia Law

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 et seq., permits a consumer to partially revoke her consent to be called by means of an automatic telephone dialing system. The Eleventh Circuit thought it logical that a consumer's power under the TCPA to completely withdraw consent and thereby stop all future automated calls encompasses the power to partially withdraw consent and stop calls during certain times. In this case, the court held that summary judgment was inappropriate because a reasonable jury could find that plaintiff partially revoked her consent to be called in "the morning" and "during the workday" on the October 13 phone call with a Comenity employee. Accordingly, the court reversed and remanded. View "Schweitzer v. Comenity Bank" on Justia Law

The Eleventh Circuit affirmed the dismissal of plaintiff's claims under state law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, as well as the grant of summary judgment for the City as to claims under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. The court held that plaintiff failed to plead facts sufficient on their face to state a plausible claim for a violation of the FLSA; the district court properly dismissed plaintiff's state law claims based on his failure to comply with Ala. Code 11–47–23; and the district court did not err in granting summary judgment in favor of the City as to plaintiff's Rehabilitation Act claims where plaintiff failed to make a prima facie showing that the City unlawfully failed to accommodate him or that he suffered an adverse employment action, plaintiff did not meet his burden of identifying a reasonable accommodation, and he did not show that he was constructively discharged. View "Boyle v. City of Pell City" on Justia Law