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

Jesus Gabriel Navarro Guadarrama, a Mexican citizen, pursued a review of the Board of Immigration Appeals' decision dismissing his appeal for adjustment of status and the subsequent denial of his motion to reconsider. Navarro Guadarrama contended that the Board used an incorrect legal standard in considering his application.Navarro Guadarrama entered the U.S. in 1995 and was later convicted of several crimes. His criminal record led to the initiation of removal proceedings against him. Navarro Guadarrama applied for adjustment of status under 8 U.S.C. § 1255(i), which enables an alien illegally in the U.S. to seek relief from removal if they meet certain requirements. His application was denied by an Immigration Judge (IJ) and the Board due to his criminal record and evidence of bad character.Navarro Guadarrama petitioned the court to review the Board's decision. He argued that the Board used the legal standard from a previous case, Matter of Mendez-Moralez, which applies to aliens requiring waivers, instead of Matter of Arai, which applies to those who don't require waivers.The United States Court of Appeals for the Eleventh Circuit held that it had jurisdiction to consider Navarro Guadarrama’s petitions for review and that the Board did not apply the wrong legal standard. The court found that even if the Board cited the "wrong" case, there was no indication that, in substance, it applied the wrong standard. Therefore, the court denied the petitions for review. View "Guadarrama v. U.S. Attorney General" on Justia Law

The case involved an appeal by two brothers, Jonathan and Daniel Markovich, who were convicted for operating fraudulent drug rehabilitation clinics in Florida. They were found guilty of various charges, including health-care fraud, wire fraud, kickbacks, money laundering, and bank fraud, resulting in fraudulent claims of over $100 million.The brothers appealed their convictions on several grounds. They argued that the district court violated their constitutional rights by denying their motion to compel the prosecution to obtain and disclose confidential medical records possessed by third parties. They also claimed that the court violated Federal Rules of Evidence by admitting unreliable and confusing expert testimony about the clinics' medical and billing practices. Additionally, they argued that the court abused its discretion by admitting lay summary testimony about medical and billing records.The United States Court of Appeals for the Eleventh Circuit affirmed the convictions. The court ruled that the prosecution had no duty to seek out potentially exculpatory evidence not in its possession. It also determined that the expert testimony was clear and reliable, and the summary testimony was proper. The court found that any challenge to bank-fraud counts was forfeited due to a lack of explanation or supporting legal authority. Finally, the court ruled that the district court did not abuse its discretion by denying the brothers' motion for a new trial based on newly discovered evidence. View "United States v. Markovich" on Justia Law

Creditors obtained a $1.6 million default judgment against Rodney Dorand and sought to satisfy the judgment with funds from Dorand's individual retirement account, held by Morgan Stanley. An Alabama court approved the transfer of funds, but before the transfer occurred, Dorand filed for Chapter 7 bankruptcy, asserting that the retirement account was exempt property of his bankruptcy estate. The bankruptcy court agreed with Dorand. The United States Court of Appeals for the Eleventh Circuit affirmed this decision, stating that the Alabama judgment did not extinguish Dorand’s interest in his account before he filed his bankruptcy petition.Rodney Dorand had been sued by creditors for damages arising from a failed condominium development. After the state court issued a writ of garnishment to Morgan Stanley, Dorand argued that the retirement account was exempt from garnishment, but the state court rejected this argument. However, before the funds were transferred, Dorand filed for bankruptcy. The bankruptcy court determined that the retirement account was Dorand’s exempt property and that the Alabama judgment against garnishee Morgan Stanley “does not affect the [retirement account’s] exempt status.”The Alabama judgment did not terminate all of Dorand's interests in his property. While the judgment had given Morgan Stanley a limited right to transfer Dorand’s funds, it had not exercised that right before Dorand filed for bankruptcy. The Court of Appeals affirmed that the retirement account was part of Dorand’s bankruptcy estate, as Dorand had an interest in the retirement account when he filed for bankruptcy. View "The Alabama Creditors v. Dorand" on Justia Law

In this case, plaintiffs Lee Anne and John Savoia-McHugh sued defendant Michael Glass, alleging misconduct related to real estate investment transactions. Despite being served with the complaint, Glass did not respond to the complaint, the amended complaint, written discovery requests, a motion to compel, or a subpoena over a period of 15 months. Consequently, the plaintiffs requested and were granted an entry of default. Glass later engaged counsel and moved to set aside the default, arguing that his delayed appearance was not willful, that he had established meritorious defenses, and that setting aside the default would not prejudice the plaintiffs. However, the district court denied his motion and entered a default judgment against him.The United States Court of Appeals for the Eleventh Circuit affirmed the district court's decision, holding that Glass willfully defaulted. The court noted that despite Glass's contention that he was not served with the complaint or the amended complaint, he acknowledged receipt of several other legal documents related to the case. Furthermore, Glass's excuse that he was confused and did not understand the need to act until the magistrate judge’s order was deemed inadequate. As a result, the court concluded that Glass displayed an intentional or reckless disregard for the judicial proceedings, which negated a finding of good cause to set aside the default. View "Savoia-McHugh v. Glass" on Justia Law

The case involves Purpose Built Families Foundation, a Florida nonprofit that received federal grants from the Department of Veterans Affairs to serve veterans and their families. In 2022, the Department notified the Foundation that activities and payments under five grants would be terminated or withheld due to "major fiscal mismanagement activities". The Foundation sued the Secretary of Veterans Affairs under the Administrative Procedure Act and received a temporary restraining order. Subsequently, the Department withdrew the challenged notices and the Secretary moved to dismiss the action as moot. The district court granted the motion.The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the district court. The court held that the case was moot, as the Department's withdrawal of the notices meant the Foundation's claims could not provide meaningful relief. It also ruled that neither the voluntary-cessation nor the capable-of-repetition-yet-evading-review exceptions to mootness applied. The court stated that the Department's subsequent actions, including a more robust process and new termination notices, were materially different from the original notices. Therefore, a lawsuit challenging the new termination notices would involve materially different allegations and answers. The court concluded that the Foundation would have ample opportunity for judicial review of the legality of the new terminations, once the administrative process was completed. View "Purpose Built Families Foundation, Inc. v. USA" on Justia Law

In this lawsuit, Keith Sylvester alleged that Detective James Barnett violated his Fourth Amendment rights by causing his arrest and detention without probable cause. Sylvester's parents were murdered and their house set on fire. Detective Barnett led the investigation and suspected Sylvester was the culprit, ultimately obtaining an arrest warrant for him. Sylvester spent over a year in jail until the charges were dropped. Sylvester claimed that Barnett lacked probable cause when he applied for the arrest warrant, arguing that key exonerating evidence was omitted from the affidavit.The district court granted Detective Barnett summary judgment, stating that the record did not establish that Barnett knew about the exonerating information when he wrote the warrant affidavit. The court concluded that, based on the totality of circumstances known to Barnett at the time of the arrest, his suspicion of Sylvester was reasonable.On appeal, the United States Court of Appeals for the Eleventh Circuit reversed the lower court's decision. The appellate court found that there were material facts omitted from the warrant affidavit. When those omissions were corrected, the affidavit failed to establish even arguable probable cause for Sylvester's arrest. The court further held that a reasonable jury could find that Barnett intentionally or recklessly left out information that exonerated Sylvester. If a jury finds such misconduct, qualified immunity would not shield Barnett from liability. Therefore, the case was remanded for further proceedings. View "Sylvester v. Barnett" on Justia Law

The United States Court of Appeals for the Eleventh Circuit reviewed an appeal by Dr. LeThenia Joy Baker against her former employer, Upson Regional Medical Center. Dr. Baker alleged that Upson violated the Equal Pay Act (“EPA”) and Title VII of the Civil Rights Act of 1964 by providing her a less favorable bonus compensation structure than that of her male colleague. Though Upson admitted that Dr. Baker was paid less than her male colleague, they argued that the pay disparity was due to the male doctor's greater experience, not his gender. The district court ruled in favor of Upson, stating that the EPA claim failed as Upson established a defense that the bonus structure, which paid Dr. Baker less than her comparator, was based on factors other than sex.The Eleventh Circuit upheld the district court's decision, stating that Upson had met its burden of proving that the difference in bonus compensation was based on factors other than sex. The court clarified that under the EPA, it only consists of a two-step analysis. First, the plaintiff must establish a prima facie case showing that she performed substantially similar work for less pay. Second, if the plaintiff establishes a prima facie case, the burden shifts to the employer to prove that the pay differential was justified under one of the Equal Pay Act’s statutory exceptions. If the employer fails, the plaintiff wins. The plaintiff is not required to prove discriminatory intent on the part of the defendant. The court concluded that no reasonable jury could find in favor of Dr. Baker on the question of whether her sex was considered in the different bonus structure she agreed to. View "Baker v. Upson Regional Medical Center" on Justia Law

This case, decided by the United States Court of Appeals for the Eleventh Circuit, involved an insurance dispute concerning coverage for defects and delays in the construction of an office building. Riverside Avenue Partners, Ltd. contracted with the Auchter Company to construct the building. After experiencing delays and water intrusion, Riverside Avenue Partners sued Auchter and its surety, Arch Insurance Company. Auchter and Arch filed a third-party complaint against TSG Industries, the window subcontractor, and other subcontractors. TSG's insurer, Landmark American Insurance Company, initially recognized Auchter as an additional insured but later refused to defend them, leading Amerisure, Auchter’s primary insurance provider, to defend Auchter under a reservation of rights.Upon review, the Eleventh Circuit dismissed the appeal, concluding that it lacked jurisdiction. The court determined that the district court's purported final judgment in the case, which favored Amerisure, did not dispose of all claims against all parties, so it was not final. Specifically, Landmark's crossclaim against TSG, stating it had no duty to defend or indemnify TSG in the underlying action, remained unresolved. Despite Amerisure's post-argument briefing suggestion that the declaratory judgments issued below fully answered questions related to Landmark's obligations to TSG, the court maintained that the claims against TSG were still pending, thus lacking jurisdiction to hear the appeal. The court dismissed the appeal and recommended the unresolved matters to the attention of the district court on remand. View "Amerisure Insurance Company v. Landmark American Insurance Company" on Justia Law

The case pertains to Thomas Ukoshovbera A. Gbenedio, a licensed pharmacist, who was charged with 72 counts of unlawful drug dispensing and one count of refusing an inspection of his pharmacy, essentially operating a "pill mill." The district court sentenced Gbenedio to 188 months of imprisonment and imposed a $200,000 fine.Gbenedio appealed, arguing that the lower court erred in denying his motion to dismiss the indictment due to insufficient notice of the charges against him, and in making certain evidentiary rulings. He also contested the fine imposed, stating he was unable to pay.The United States Court of Appeals for the Eleventh Circuit affirmed the district court's decision. The court found that the indictment provided enough facts for Gbenedio to understand the charges against him. It also deemed the district court's evidentiary rulings as non-abusive and found that Gbenedio failed to prove his inability to pay the fine. View "USA v. Gbenedio" on Justia Law

The case involves Andre Dubois, who was convicted on several federal firearm offenses. These offenses arose when Dubois attempted to ship a box containing firearms from Georgia to Dominica. The United States Court of Appeals for the Eleventh Circuit was asked to address five issues on appeal.Firstly, the court dismissed Dubois's argument that a recent Supreme Court case overturned the precedent upholding a ban on felons possessing firearms. The court held that the Supreme Court case did not abrogate the precedent, and therefore Dubois's argument failed.Secondly, the court affirmed that there was sufficient evidence for a reasonable jury to find that Dubois knew he was in possession of a firearm.Thirdly, the court found that Dubois's prior conviction for possession with intent to distribute marijuana under Georgia law qualified as a "controlled substance offense" under the federal Sentencing Guidelines, triggering a higher base offense level.Fourthly, the court rejected Dubois's argument that the application of a sentencing enhancement for possession of a stolen gun violated his due process rights.Finally, the court held that the district court had not erred in imposing a $25,000 fine on Dubois, as there was sufficient evidence to suggest that he could afford to pay the fine.Therefore, Dubois's convictions and sentence were affirmed. View "USA v. Dubois" on Justia Law