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6 Oct 2015, 9:00 am by James Thompson
Reich to decide when a statutory scheme for administrative and judicial review of a matter eliminates party’s ability to seek a parallel review in district court. [read post]
These states are asking the United States Court of Appeals for the Eleventh Circuit to send the case back to the district court for a speedy decision on the merits. [read post]
14 Sep 2015, 11:40 am by Erin E. Dardis
On June 24, 2015, Florida’s Third District Court of Appeal reversed a decision by an Eleventh Judicial Circuit Court judge that the “exclusive remedy” provision contained in Florida’s Workers’ Compensation Act is unconstitutional because it does not provide a reasonable alternative remedy to the tort remedy it supplanted. [read post]
4 Sep 2015, 5:22 am
Eventually both the district court and the Eleventh Circuit ruled that Moore’s monument violated the Constitution. [read post]
26 Aug 2015, 7:20 am by John Jascob
The SEC has appealed Hill and Gray to the Eleventh Circuit, and Lynn Tilton has appealed her case to the Second Circuit.Still, the Seventh Circuit said the key Free Enterprise factor is whether an administrative respondent can get meaningful judicial review. [read post]
10 Aug 2015, 6:32 pm by Joy Waltemath
The trend among district courts is to continue subjecting FLSA settlements to judicial scrutiny. [read post]
9 Aug 2015, 6:03 pm by Kevin LaCroix
The district court also held that the D&O insurer was not judicially estopped from denying coverage by its prior statements and interrogatory answers supportive of coverage. [read post]
5 Aug 2015, 9:36 am by Frankl & Kominsky, P.A.
A corporation is considered to reside “in any judicial district in which such [corporation] is subject to the court’s personal jurisdiction with respect to the civil action in question. [read post]
23 Jul 2015, 6:28 pm by Kevin LaCroix
In the wake of Hill, several other SEC administrative forum respondents have filed judicial challenges latching onto the “inferior officer” argument, but thus far, Hill remains the only case to have been decided squarely in a respondent’s favor.[11]  It should be noted, however, that the SEC has appealed the District Court’s order to the Eleventh Circuit Court of Appeals. [read post]
17 Jul 2015, 8:36 am by Brian Toth
District Court for the Southern District of Florida; Judge Thornton of the Eleventh Judicial Circuit; and Judge Walsh of the Eleventh Judicial Circuit. [read post]
13 Jul 2015, 7:19 am
Vance at the United States Court of Appeals for the Eleventh Circuit from 1987 to 1988. [read post]
12 Jul 2015, 5:34 pm
Both the United States Department of Justice and the United States Attorney for the Eastern District filed written objections to the IRS being made a party. [read post]
6 Jul 2015, 6:50 am by John Jascob
Many observers of the nine cases against the SEC now percolating in district and appeals courts within three circuits (Second, Seventh, and Eleventh) pine for a major substantive opinion on the Article II appointments clause issues: Do the SEC’s administrative law judges (ALJs) enjoy too many layers of good cause removal? [read post]
1 Jul 2015, 8:53 am
In a published per curiam opinion, the Eleventh Circuit reversed, holding that the district judge’s analysis of Rosenthal’s opinion was “manifestly erroneous. [read post]
29 Jun 2015, 6:06 pm by Kevin LaCroix
The district court granted the insurer’s summary judgment motion. [read post]
29 Jun 2015, 6:06 pm by Kevin LaCroix
The district court granted the insurer’s summary judgment motion. [read post]
19 Jun 2015, 8:16 am by Jim Gerl
  Noting that the statutory provisions of the IDEA confer broad equitable powers upon the courts to fashion an appropriate remedy, and the fact that judicial review of IDEA cases often takes years, the Supreme Court held that the IDEA does empower courts to award such reimbursement. [read post]