Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …
Court Holds that Eleven Claims are Subject to Single Limit
10/13/17
By: Joyce M. Mocek
Recently, the Eleventh Circuit, applying Florida law, held that eleven claims of bodily injury by separate patients all against a pharmacy and pharmacist for negligence in repackaging a drug for injections constituted “related claims” under the …
Repaying Old Debts – The Supreme Court Limits FDCPA Liability for Scheduling Time-Barred Claims in Bankruptcy
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…
Qualified Immunity and The First Amendment – Why Plaintiffs Continue To Struggle Proving “Clearly Established Case Law”
10/3/17
By: Bradley T. Adler and Will Collins
The recent Eleventh Circuit decision Gaines v. Wardynski, 2017 U.S. App. LEXIS 18276, No. 16-15583 (11th Cir. Sept. 21, 2017), is a good reminder of the importance and value of qualified immunity …
Eleventh Circuit Holds That Voicemail Message Is “Communication” Under FDCPA, But Does Not Need To Include Name Of Individual Leaving Message
9/29/17
By: William H. Buechner, Jr.
The Eleventh Circuit has ruled that a voicemail message left by a debt collector constitutes a “communication” under the Fair Debt Collection Practices Act. However, the Eleventh Circuit also ruled that a debt collector is …
2012 Election Cycle: Major Business Concerns Include Immigration, Baseless Lawsuits
8/27/12
By: Kelly Morrison
The Eleventh Circuit recently weighed in on Georgia’s controversial Immigration Reform Act, restoring a provision which allows police to verify the immigration status of criminal suspects failing to produce appropriate identification. This mirrors the U.S. Supreme …
The Eleventh Circuit Rules First Restrictive Covenant Law as Unconstitutional
6/27/12
By: Brad Adler
For those that have followed the saga over the passage of the new restrictive covenant law, the Eleventh Circuit (without much fanfare) has chimed in on the issue and ruled that the Georgia legislature’s first attempt to …
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone …