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United States Eleventh Circuit - May 2001 Opinion Summaries

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Description Date Docket #

US v. MCCLAIN

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
A two-level enhancement under USSG 3B1.4 for using a minor to commit a crime does not require a defendant to actually know that the person used is a...
05/31/2001 00-10346

US v. ODOM

United States Eleventh Circuit
Criminal Law & Procedure
Receipt of donations from two out-of-state donors, use of a handful of Bibles and prayer books purchased from out-of-state, and indirect contributions...
05/31/2001 98-6241

BURKE v. SMITH

United States Eleventh Circuit
Civil Procedure
Although the district court properly found a judgment of dismissal void under Fed. R. Civ. P. 60(b)(4), it should have set aside the dismissal as to...
05/31/2001 00-15088

US v. AM. STATES INS. CO.

United States Eleventh Circuit
Civil Procedure, Government Contracts
The statute of limitations under 28 USC 2415(a) bars a suit seeking damages for a breach of surety agreement where the government waits more than six...
05/31/2001 00-15411

PAC. HARBOR CAPITAL, INC. v. BARNETT BANK, N.A.

United States Eleventh Circuit
Civil Procedure
The statute of limitations for a civil RICO suit began to run when bank learned that debtor and disbursing agent had diverted loan proceeds for...
05/30/2001 00-14405

US v. CARRELL

United States Eleventh Circuit
Criminal Law & Procedure
The statute of limitations for civil forfeiture, 19 USC 1621, does not begin to run until the government discovers that defendant properties were...
05/29/2001 99-14481

BELLSOUTH v. TOWN OF PALM BEACH

United States Eleventh Circuit
Communications Law
Section 253(a) of the Telecommunications Act of 1996 contains the only substantive limitations on state and local government regulation of...
05/25/2001 99-14272

US v. NAVES

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
A two point enhancement under USSG 2B3.1(b)(5) in a robbery conviction for carjacking does not constitute "double counting".
05/25/2001 00-12170

GROUPE CHEGARAY v. P & O CONTAINERS

United States Eleventh Circuit
Admiralty
Under Subsection 1304(5) of the Carriage of Goods by Sea Act, 46 USC 1300 et seq., a bill of lading that describes pallets as packages will control in...
05/24/2001 99-14858

LAPIDES v. BD. OF REGENTS OF THE UNIV. SYS. OF GEORGIA

United States Eleventh Circuit
Civil Procedure, Constitutional Law, Injury & Tort Law
A state's removal of a case to federal court is not a waiver of Eleventh Amendment immunity.
05/24/2001 00-14984

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