MARCUS , Circuit Judge : In this Sherman Act, 15 U.S.C. 1, antitrust case, Procaps S.A. ("Procaps") sued its former joint venture partner, Patheon, Inc. ("Patheon"). Both Procaps and Patheon are involved in the market for softgel services, i.e., the business of designing and manufacturing gel capsule delivery mechanisms for medications. In January 2012, Procaps and Patheon entered into an agreement (the "Collaboration Agreement") to combine forces and create a more effective competitor in...
DO NOT PUBLISH PER CURIAM . Robert Lawrence appeals from the District Court's order granting Bayview Loan Servicing, LLC ("Bayview") summary judgment on his claims alleging that Bayview had placed unwanted autodialed calls to his mobile phone in violation of 47 U.S.C. 227(b)(1)(A)(iii) of the Telephone Consumer Protection Act ("TCPA"). Lawrence asserts that the District Court erred in finding that, as a matter of law, the inclusion of his cell phone number in a series of communications...
DO NOT PUBLISH PER CURIAM . Sherri Luke appeals the district court's grant of summary judgment in favor of her former employer, Florida A&M University ("FAMU"), in Luke's employment discrimination and retaliation suit. Luke asserted claims of disability discrimination, under the Rehabilitation Act of 1973, 29 U.S.C. 794, and the Florida Civil Rights Act ("FCRA"), Fla. Stat. 760.10, and retaliation, under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-3(a),...
PER CURIAM : The facts of this case are more fully set out in this Court's prior opinion. See Kipnis v. Bayerische Hypo-Und Vereinsbank, AG , 784 F.3d 771 (11th Cir. 2015). By way of brief review, the plaintiffs and defendants Bayerische Hypo-Und Vereinsbank, AG and HVB U.S. Finance, Inc. (collectively, "HVB") participated in a tax-shelter scheme known as CARDS. Id. at 773-75. The CARDS transaction at issue took place from December 2000 until December 2001. Id. at 774-76. In...
LAMBERTH , District Judge : Appellants were correctional officers at Macon State Prison (MSP) in Oglethorpe, Georgia. Specifically, they were members of the Correctional Emergency Response Team (CERT), which is a specially trained group responsible for responding to and controlling disturbances at MSP. In 2013, appellants were indicted and charged with various civil-rights, conspiracy, and obstruction-of-justice violations stemming from alleged abuses of prisoners and subsequent cover-ups....
DO NOT PUBLISH PER CURIAM . Sheila Cooley, on behalf of her deceased husband, Royce Cooley, appeals an order that affirmed the denial of Royce's application for disability insurance benefits. See 42 U.S.C. 405(g). Cooley argues that Royce qualified as intellectually disabled under Listing 12.05. See 20 C.F.R. pt. 404, app. 1, 12.05. The Commissioner of Social Security argues that Cooley waived her argument by failing to object to the magistrate judge's report and recommendation. We...
SCHLESINGER , District Judge : Myra Furcron ("Furcron") appeals an adverse summary judgment granted in favor of Mails Centers Plus, LLC ("MCP") on Furcron's claims of sexual harassment and retaliation. In addressing Furcron's sexual harassment claim, the district court found that Furcron failed to produce sufficient evidence that the alleged harassment was based on sex. On the retaliation claim, the district court found that Furcron failed to demonstrate that she engaged in protected...
DO NOT PUBLISH PER CURIAM . Eric Norber seeks review of the Federal Aviation Administration's ("FAA") decision to terminate his appointment as a Designated Pilot Examiner. Because Norber filed his petition after the 60-day statutory deadline passed and has failed to demonstrate "reasonable grounds" for missing that time limit, we deny his petition as untimely. I. The FAA Administrator issues "airman certificates" to qualified individuals, which are akin to driver's licenses for pilots. 49...
HULL , Circuit Judge : This appeal arises from a labor dispute involving the H-2A visa program. Defendant Consolidated Citrus Limited Partnership ("Consolidated Citrus") appeals from the district court's order granting judgment in favor of the plaintiffs and holding Consolidated Citrus liable as a joint employer. After review of the record and with the benefit of oral argument, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. I....
DO NOT PUBLISH PER CURIAM . Henry Chambers, Jr. appeals the district court's order affirming the Commissioner's denial of his application for disability insurance benefits, pursuant to 42 U.S.C. 405(g). On appeal, Chambers argues that: (1) the Administrative Law Judge ("ALJ") erred by assigning little weight to the opinion of a consultative psychologist; and (2) the ALJ erred by relying on the vocational expert's testimony and recommendations for occupations. After careful review, we...
DO NOT PUBLISH PER CURIAM . Marvin L. Johnson, an inmate with bipolar disorder, was beaten by a corrections officer while two other officers watched. He appeals the district court's grant of summary judgment on his claim that the sheriff should be liable for the actions of the officer based on a failure to properly train those officers. After careful review we conclude that Johnson failed to allege sufficient facts that the sheriff should have known his officers' training was inadequate. We...
DO NOT PUBLISH PER CURIAM . Derek Leroy McSmith pro se appeals the district judge's order affirming the bankruptcy judge's granting the emergency motion for relief from the automatic stay imposed by 11 U.S.C. 362(a) by Bank of America, N.A. ("BOA"). We affirm. I. BACKGROUND McSmith filed a pro se petition for Chapter 13 bankruptcy on February 27, 2015. On March 2, 2015, BOA filed an emergency motion for relief from the automatic stay imposed by 11 U.S.C. 362(a), so it could proceed...
WILSON , Circuit Judge : Uri Ammar appeals his convictions and total sentence of life imprisonment after a jury found him guilty of robbery, conspiracy to commit robbery, and using or carrying a firearm in relation to a crime of violence. Ammar contends that the district court erred by failing to dismiss his indictment pursuant to the Speedy Trial Act, 18 U.S.C. 3161-3174. Given the Supreme Court's controlling decision in Zedner v. United States, 547 U.S. 489 , 126 S.Ct. 1976, 164 L....
DO NOT PUBLISH HULL , Circuit Judge . Freddy Jose Arguelles, a native and citizen of Venezuela and former Venezuelan Air Force pilot, has filed a petition for review of the Immigration Judge's and Board of Immigration Appeals' ("BIA") denial of his applications for asylum, withholding of removal, adjustment of status, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"). After the BIA ruled, Arguelles sought...
DO NOT PUBLISH PER CURIAM . Appellant Willie Lovett, a former officer in the Savannah-Chatham Metropolitan Police Department ("SCMPD"), who retired after serving as Chief of Police, was indicted on charges of commercial gambling, conspiracy to obstruct the enforcement of state commercial gambling laws, extortion, and making false statements during an investigation conducted by the Federal Bureau of Investigation ("FBI"). The indictment alleged that, over a fourteen-year period, Randall...
HULL , Circuit Judge : Defendant Nathan E. Gundy appeals his conviction and 288-month sentence for being a convicted felon in possession of firearms. The district court determined that Gundy was an armed career criminal under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e), because he had at least three prior Georgia burglary convictions, each of which qualified as a predicate "violent felony" under the enumerated crimes provision of the ACCA. On appeal, Gundy challenges his...
DO NOT PUBLISH PER CURIAM . Michael Shane Enterprises, LLC ("MSE") appeals the district court's grant of partial summary judgment in favor of Courtroom Connect Corporation on MSE's civil action for breach of contract. No reversible error has been shown; we affirm. This case involves a series of contracts entered into between MSE and Courtroom Connect pursuant to which MSE was to provide consulting services to Courtroom Connect in exchange for compensation. First, on 28 February 2012, MSE...
DO NOT PUBLISH PER CURIAM . Appellant Jon Philip Monson, II, (the "Debtor Monson") appeals from a final order of the U.S. District Court for the Middle District of Florida which affirmed the judgment of the Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). The Bankruptcy Court determined that $117,950 of the debt that Debtor Monson owes to Appellee Alfred Galaz (the "Claimant Galaz") is nondischargeable pursuant to 11 U.S.C. 523(a)(6). After review and oral...
JILL PRYOR , Circuit Judge : The issue before us is whether Travelers Casualty and Surety is bound by a settlement agreement between its insured, Culbreath Isles Property Owners Association, and Phyllis Kirkwood, settling Kirkwood's claim for attorney's fees against Culbreath but stipulating that Kirkwood would not enforce the resulting consent judgment against Culbreath. Under Florida law, such agreements are unenforceable against insurers if tainted by fraud or collusion. To determine...
JORDAN , Circuit Judge : A grand jury indicted Johana Leon on one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. 1349, four counts of money laundering, in violation of 18 U.S.C. 1956(a)(1)(B)(i), and three counts of attempting to cause a financial institution to not file a required currency transaction report (a CTR), in violation of 31 U.S.C. 5324(a)(1) & (d)(2). Following trial, a jury found Ms. Leon guilty of the three 5324(a)(1) charges but acquitted her of...
