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

Plaintiff filed suit against Chase, alleging violations of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. 2605(e); conversion; breach of contract; wrongful attempted foreclosure; and trespass. On appeal, plaintiff challenged the district court's grant of summary judgment in favor of Chase on all of plaintiff's claims. The court concluded that the district court properly granted summary judgment on the breach of contract claims where, although the court recognized that HUD regulations are enforceable terms of the contract, plaintiff failed to put forward any evidence of damages caused by the purported breach of these contract terms or seek any cognizable relief; plaintiff's trespass claim failed because plaintiff was admittedly in default and any visits by Chase's agents to the property at issue were permitted; plaintiff's wrongful attempted foreclosure claim failed where Chase believed it was entitled to foreclose on the property at the time and plaintiff attributed the problems with Chase only to its inability to fully keep track of her payments and communicate her payment status to her; and plaintiff's RESPA claim failed where Chase's response to plaintiff's requests was adequate and there were no damages as a matter of law from an inadequate response. Accordingly, the court affirmed the district court's grant of summary judgment in favor of Chase on all claims. View "Bates v. JPMorgan Chase Bank, NA" on Justia Law

The district court entered a final judgment that barred future lawsuits against OBWB related to certain false patent marking or advertising after OBWB settled a qui tam false marketing suit. Subsequently, Bersin filed suit against OBWB for damages tied to Bersin's investment in an OBWB franchise. The district court issued an order that purported to enforce the federal judgment by enjoining Bersin's state court suit. The court concluded that it lacked jurisdiction to hear the appeal where the order was not final under 28 U.S.C. 1291 because it was not the proper tool for enforcing an injunction. The order did not hold a noncompliant party in contempt or impose sanctions, nor was the order an appealable interlocutory decision for purposes of section 1292(a)(1). The order merely clarified the existing injunction found in the district court's judgment. Accordingly, the court dismissed the appeal. View "Bersin Bagel Group v. The Original Brooklyn Water Bagel Co., et al." on Justia Law

Plaintiff filed suit under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227, against a hospital-based radiology provider and its debt collection agent for making autodialed or prerecorded calls. The collection bureau, Gulf Coast, contended that the calls fell within a statutory exception for "prior express consent," as interpreted in a 2008 declaratory ruling from the FCC. The district court concluded that the FCC's interpretation was inconsistent with the language of the TCPA and, regardless of the 2008 FCC Ruling, did not apply on the facts of this case. The court concluded, however, that the district court lacked the power to consider the validity of the 2008 FCC Ruling and erred in concluding that the FCC's interpretation did not control the disposition of the case. In these circumstances, plaintiff's claim falls squarely within the FCC order. Consequently, the TCPA exception for prior express consent entitled Gulf Coast to judgment as a matter of law. Accordingly, the court reversed the district court's grant of partial summary judgment to plaintiff and remanded with instructions. View "Mais v. Gulf Coast Collection Bureau" on Justia Law

The SEC filed suit against Arthur Nadel and two of his investment companies for operating a Ponzi scheme. The district court appointed a receiver to take possession and control over Quest because the officers were funding the company with proceeds from a Ponzi scheme. The district court enjoined the current officers from taking any actions on behalf of Quest and vested the receiver with the authority to "[d]efend, compromise or settle legal actions, including the instant proceeding." The officers now appeal the appointment of the receiver. The court granted the receiver's motion to dismiss for lack of jurisdiction because the officers did not have standing to appeal in the name of Quest where the district court enjoined the officers from taking any action on behalf of Quest. View "SEC v. Quest Energy Mgmt. Grp." on Justia Law

Defendant appealed his convictions and sentences for several child exploitation offenses. Defendant raised eight claims of error concerning the denial of his motion to suppress, introduction of a victim's text messages, insufficiency of the evidence, denial of his motion for a mistrial, juror-related errors, cumulative error, and application of sentencing enhancements under U.S.S.G. 2G2.1(b)(6) and 18 U.S.C. 2251(e). The court concluded that none of the issues defendant raised have merit and affirmed the judgment of the district court. View "United States v. Mathis" on Justia Law

Petitioner was convicted of vehicular homicide of two pedestrians. The district court granted habeas relief on petitioner's claim that defense counsel rendered ineffective assistance by failing to investigate and call a witness at trial. The court reversed, concluding that petitioner has not shown that the state court's ruling was contrary to or an unreasonable application of Supreme Court law where the state court had a reasonable basis for concluding that petitioner did not suffer prejudice from any claimed deficiency. Accordingly, the court reversed the issuance of the writ and remanded with instructions to reinstate petitioner's convictions. View "Reed v. Secretary, FL DOC, et al." on Justia Law

Petitioner pleaded guilty for charges related to his role as a boat crew member in an international drug-smuggling operation. Petitioner subsequently sought postconviction relief under 28 U.S.C. 2255, claiming that his plea was coerced by death threats from the boat's captain and that his counsel provided ineffective assistance by instructing him not to report the threats. The court affirmed the district court's rejection of petitioner's claims without an evidentiary hearing where petitioner was not entitled to relief because he put forward only implausible, conclusory allegations. View "Winthrop-Redin v. United States" on Justia Law

Plaintiffs filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-1968, alleging that Spirit conducted an enterprise by means of racketeering activity. The district court dismissed the action. The court concluded that, because federal laws do not preempt other federal laws, subsequent legislation could preclude plaintiffs' claims only if Congress had repealed the provision of RICO, at least insofar as they authorized plaintiffs' actions; Congress did not do so expressly through the Airline Deregulation Act of 1978 (ADA), Pub. L. No. 95-504, 92 Stat. 1705; there was no "repeal by implication" because Congress has not exhibited the requisite clear and manifest intent; and a saving clause found in the ADA did not disturb any other remedies provided by law. The court concluded that the two laws are not irreconcilably in conflict, nor was the ADA clearly intended as a substitute for RICO. The court, applying the strong presumption against implied repeals, was strongly constrained to conclude that RICO supplements, rather than subverts, federal regulation of air carriers. The court also held that the federal regulatory scheme governing the airline industry does not preclude a claim founded on the civil provisions of RICO. Accordingly, the court vacated and remanded. View "Ray, et al. v. Spirit Airlines, Inc." on Justia Law

After three employees of Drummond's coal mining operations in Colombia were murdered, the heirs filed suit under the Alien Tort Statute (ATS), 28 U.S.C. 1350; the Torture Victim Protection Act of 1991 (TVPA), 28 U.S.C. 1350 note section 2(a); and the wrongful death law of Columbia. Plaintiffs alleged that the murders were committed by paramilitaries of an organization affiliated with Colombia's military, AUC. The AUC provided security against guerilla attacks for Drummond's coal mining facility and operations. Plaintiffs claimed the the murders occurred during a violent armed conflict between the AUC and a leftist guerilla organization, FARC. The district court concluded that plaintiffs' claims were barred by res judicata. The court dismissed plaintiffs' claims for violation of the law of nations which are brought under the ATS under Rule 12(b)(1); affirmed the district court's decision to strike the Mothers' declarations submitted along with plaintiffs' response opposing defendants' motion for summary judgment; and affirmed the district court's order granting defendants' motion to dismiss and for summary judgment on the TVPA and Colombian wrongful death claims. View "Baloco, et al. v. Drummond Co., Inc., et al." on Justia Law

After defendant Elem suffered injuries in a car accident, she and her attorney conspired to hide and disburse settlement funds from an employee welfare benefit plan she received after the accident. The parties filed cross motions for summary judgment and the district court granted summary judgment for the employer, as well as awarded attorney's fees and costs to the employer. The court affirmed, concluding that the district court had the authority to sanction defendants for their bad faith. The court also concluded that defendant's claim that the district court misapplied Federal Rule of Civil Procedure 70 was moot and dismissed the appeal. View "AirTran Airways, Inc. v. Elem, et al." on Justia Law