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United States Eleventh Circuit - June 2001 Opinion Summaries

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WELZEL v. ADVOCATE REALTY INVS., LLC

United States Eleventh Circuit
Bankruptcy Law
Bankruptcy Code 11 USC 506(b) preempts a Georgia statute, Ga. Code Ann. 13-1-11, that authorizes a creditor to collect a fifteen-percent attorneys'...
06/29/2001 99-14875

BROWN v. JONES

United States Eleventh Circuit
Criminal Law & Procedure
Prosecutor's interview with witness was not unduly coercive where it lasted only two hours, was tape recorded and merely demanded that witnesses tell...
06/29/2001 99-14261

WHOLE HEALTH CHIROPRACTIC & WELLNESS, INC. v. HUMANA MED. PLAN, INC.

United States Eleventh Circuit
Civil Procedure
The Federal Removal Statute, 28 USC 1441 et seq., does not permit a district court to remand a case sua sponte for a defect in the removal procedure...
06/28/2001 00-13754

US v. DESCALLY

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
Under USSG 5G1.3, a defendant serving time for state and federal sentences is entitled to a reduction of his federal sentence based on the amount of...
06/28/2001 99-4232

RICHARDSON v. PALM HARBOR HOMES, INC.

United States Eleventh Circuit
Contracts, Dispute Resolution & Arbitration
The Magnuson-Moss Warranty Act, 15 USC 2310(a), does not void an arbitration provision for oral express warranty claims.
06/28/2001 00-12858

VILLANO v. CITY OF BOYNTON BEACH

United States Eleventh Circuit
Attorney's Fees, Civil Rights
In calculating an award of attorney's fees under 42 USC 1988, a court must consider whether the result produced a significant public benefit and may...
06/27/2001 99-4318, 99-14277

HENNING v. CONT'L CAS. CO.

United States Eleventh Circuit
Insurance Law
Insurance policy provision that precludes suit against insurer for any damages not determined by jury trial or consensual settlement with insurer does...
06/27/2001 00-14105

RISLEY v. NISSAN MOTOR CORP. USA

United States Eleventh Circuit
Antitrust & Trade Regulation
Under the Florida Dealer Protection Act, a licensee who exercises its rights under Fla. Stat. 320.643 by filing a legally sufficient verified...
06/27/2001 99-15321

LIND v. UNITED PARCEL SERV., INC.

United States Eleventh Circuit
Civil Procedure
Appellate court will not review a pretrial denial of a motion for summary judgment after a full trial and judgment on the merits.
06/25/2001 99-12548

UNITED PARCEL SERV. OF AM., INC. v. COMM'R OF INTERNAL REVENUE

United States Eleventh Circuit
Tax Law
A lack of a tax-independent reason for a taxpayer to choose between different ways of financing the business does not necessarily mean that the...
06/21/2001 00-12720

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