HULL, Circuit Judge: In this fraudulent transfer case, Appellant Lynn H. Martinez ("Martinez"), as United States Bankruptcy Trustee, appeals the district court's affirmance of the bankruptcy court's grant of summary judgment in favor of Appellees Steven D. Hutton and his law firm, Steven D. Hutton, P.L. ("Hutton"). For the purposes of its summary judgment ruling, the bankruptcy court assumed that attorney Hutton had schemed with debtor Billy Jason Harwell ("Harwell") to have the debtor's...
CARNES, Circuit Judge: No one's memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three or four. But not 868 of them. In this case, the plaintiff's attorneys, William and Karen Amlong, filed a sixty-three page errata sheet containing 868 attempted changes to their client's deposition testimony, which was the sole source of evidentiary support for their client's claims. The district court exercised its authority under 28...
PER CURIAM: Defendants/Appellants have petitioned for rehearing. We have considered Defendants' arguments and the Government's reply. And we have looked at the record again. We stand by our decision, United States v. Kottwitz, 614 F.3d 1241 (11th Cir.2010), except on the issue of the accountant-reliance jury instruction for Count One. Defendants contend that the district court erred in refusing to give Defendants their requested jury instruction about reliance on an accountant's advice....
PER CURIAM: Isabel Diaz ("Diaz") filed a lawsuit against Jaguar Restaurant Group, LLC, Jagmar Management Group, LLC, Jagmar Brands, LLC 1 , and Eduardo Durazo (collectively, "Jaguar"), her former employer, for unpaid overtime wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201-216. During trial, the district court allowed Jaguar to amend its Answer pursuant to Federal Rule of Civil Procedure 15(b) to include the administrative exemption as an affirmative defense as it found...
BARKETT, Circuit Judge: Joseph Parzyck, III, a Florida prisoner, appeals the dismissal without prejudice of his third amended complaint for failure to exhaust administrative remedies pursuant to 42 U.S.C. 1997e(a), which was enacted as part of the Prison Litigation Reform Act ("PLRA"). Parzyck filed a pro se 42 U.S.C. 1983 complaint alleging that prison medical personnel were deliberately indifferent to his serious medical needs, in violation of the Eighth Amendment. 1 Ultimately, he...
COAR, District Judge: Mary Sharon and Daniel Dixon appeal the district court's order granting summary judgment to their former employer, Hallmark Management, Inc., on their claims of religious discrimination, retaliation, and failure to accommodate religious beliefs in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., and retaliation and housing discrimination in violation of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the...
PRYOR, Circuit Judge: This appeal presents the issue whether a police officer is entitled to qualified immunity for using deadly force against an armed suspect who was lying in wait after having fled from the vicinity of an armed burglary and robbery. Jose Gutierrez, an officer of the Miami-Dade Police Department, shot Erlis Jean-Baptiste repeatedly after Officer Gutierrez encountered Jean-Baptiste following a high-speed car chase and a later chase by foot. Jean-Baptiste sued Officer Gutierrez...
TJOFLAT, Circuit Judge: Tempur-Pedic North America, Inc. ("TPX") manufactures visco-elastic Tempur-Pedic foam mattresses and sells them to consumers nationwide through distributors and its own website. These sales amount to eighty to ninety percent of the visco-elastic foam mattresses sold in the United States. 1 TPX sets the minimum retail prices the distributors can charge for its mattresses; TPX adheres to those minimum prices in the sales it makes through its website. Benny and Wanda...
PER CURIAM: The question is whether a debtor may sue to recover notary fees charged by a creditor in excess of the statutory maximum established by OCGA section 45-17-11(b). The case returns to us after we certified questions to the Georgia Supreme Court. See Anthony v. Am. Gen. Fin. Servs., Inc., 583 F.3d 1302 , 1307 (11th Cir. 2009) ( "Anthony I" ); Anthony v. Am. Gen. Fin. Servs., Inc., 287 Ga. 448, 697 S.E.2d 166 (2010) ( "Anthony II" ). Based on the Georgia Supreme Court's...
HULL, Circuit Judge: Carl Puiatti, a Florida inmate under a death sentence, filed a 28 U.S.C. 2254 petition for a writ of habeas corpus that challenged his convictions and death sentence. The district court denied the petition as to Puiatti's convictions but vacated Puiatti's death sentence. The district court concluded that the state trial court's denial of Puiatti's motion to sever his penalty phase from his co-defendant's violated Puiatti's constitutional right to an individualized...
EBEL, Circuit Judge: The dispositive question presented by this appeal is whether 301 of the Labor-Management Relations Act ("LMRA"), 29 U.S.C. 185, preempts Plaintiffs' state-law claims asserted against the National Football League ("NFL") and the National Football League Players' Association ("NFLPA"). Because Plaintiffs' claims arise from or are substantially dependent upon an interpretation of the terms of a collective bargaining agreement ("CBA"), we conclude those claims are...
TJOFLAT, Circuit Judge: Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides: (b) Splitting charges. No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed. 12 U.S.C. 2607(b). The principal question this appeal presents is whether, in...
PER CURIAM: After pleading guilty, Samuel Jay Turner appeals his total 300-month sentence for receiving child pornography, in violation of 18 U.S.C. 2252A(a)(2) (count one), and possessing child pornography, in violation of 18 U.S.C. 2252A(a)(5)(B) (count two). On appeal, Turner argues that the district court erred in applying a five-level sentencing enhancement for engaging in a "pattern of activity" involving the sexual abuse or exploitation of a minor under U.S.S.G. 2G2.2(b)(5)....
PER CURIAM: This case is about the defense of qualified immunity in situations involving delay in medical care for a pretrial detainee. Plaintiff-Appellee, a pretrial detainee at the time of these events, was beaten (an occurrence in which Defendant-Appellant took no part) in connection with Plaintiff's arrest on robbery charges. He alleges that later Defendant, by booking and questioning Plaintiff before seeking medical care for his injuries, was deliberately indifferent to Plaintiff's...
BY THE COURT: A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
BY THE COURT: Petitioner, Troy Anthony Davis, filed a certificate of appealability ("COA"), with this court following the district court's denial of his request for a COA. Pursuant to 28 U.S.C. 2253(c), a habeas petitioner may not appeal from a district court's adverse ruling unless a circuit justice or judge issues a COA. A court will issue a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see also Slack v....
REAVLEY, Circuit Judge: In this consolidated appeal, Erik Wayerski, Raymond Roy, John Mosman, and Stepan Bondarenko appeal their convictions and sentences for engaging in multiple child-pornography offenses. All four co-defendants were convicted of engaging in a child exploitation enterprise, in violation of 18 U.S.C. 2252A(g); conspiring to advertise, transport, receive, and possess child pornography and to obstruct justice, in violation of 18 U.S.C. 371, 1512(k), 2251(d)(1) and (e), and...
ORDER: JOEL F. DUBINA, Chief Judge. The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure), the Suggestion of Rehearing En Banc is DENIED. CARNES, Circuit Judge, joined by BLACK, Circuit Judge, concurring in the denial of rehearing en banc: The opinion dissenting from the denial of rehearing en banc addresses an issue...
O'CONNOR, Associate Justice (Ret.): Dr. Ana Alvarez and Nurse Sandra Mateos were employees at St. Jude Rehabilitation Center during its brief time as an operating clinic in 2003. St. Jude was ostensibly an HIV treatment center, but it was established as a front for a massive Medicare scam. The fraud involved falsely diagnosing patients with a condition that would justify treatments of WinRho, an expensive drug reimbursable by Medicare at a rate of about $4,900 per treatment to St. Jude....
MARCUS, Circuit Judge: In this capital case, Gregory Alan Kokal claims that he was denied the effective assistance of counsel in violation of the Sixth Amendment. Kokal was sentenced to die by a Florida state court for the first degree murder of Jeffrey Russell, a sailor in the United States Navy. During post-conviction proceedings, the Florida Supreme Court concluded that Kokal's trial counsel was not constitutionally ineffective in preparing for the sentencing phase of his trial. Kokal again...
