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United States Eleventh Circuit - July 2001 Opinion Summaries

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Description Date Docket #

US v. GREAT LAKES DREDGE & DOCK CO.

United States Eleventh Circuit
Environmental Law
The National Marine Sanctuaries Act authorizes the United State to collect damages for injury to state-owned marine sanctuaries.
07/30/2001 00-12002

HOLLIS v FLORIDA STATE UNIV.

United States Eleventh Circuit
Civil Procedure
Under 28 USC 1441(a), a defendant cannot obtain dismissal of a removed action on the ground that, when originally filed in state court, the action...
07/30/2001 00-11627

INT'L SALES & SERV., INC. v. AUSTRAL INSULATED PRODS., INC.

United States Eleventh Circuit
Injury & Tort Law
Under Florida law, a history of discrete sales alone is insufficient to demonstrate an advantageous business relationship for purposes of an...
07/30/2001 99-12939

US v. HUNERLACH

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
A district court cannot depart upward from a criminal history category based on criminal conduct which also constitutes relevant conduct that the...
07/27/2001 00-12340

OLIVER v. FALLA

United States Eleventh Circuit
Civil Rights
The request for nominal damages is not automatic in an Eighth Amendment excessive force case, so a plaintiff must specifically seek such damages and...
07/27/2001 00-10520

O'NEAL v. US

United States Eleventh Circuit
Tax Law
The value of an estate's claimed deduction as a claim against the estate under 26 USC 2053(a)(3) of the Internal Revenue Code is the value as of the...
07/26/2001 00-11663

US v. DUPREE

United States Eleventh Circuit
Constitutional Law, Criminal Law & Procedure
The Supreme Court decision in United States v. Morrison, 529 U.S. 598, 120 S. Ct. 1740 (2000), does not invalidate under the Commerce Clause 18 USC...
07/25/2001 00-10819

NAT'L LABOR RELATIONS BD. v. GLADES HEALTH CARE CTR.

United States Eleventh Circuit
Labor & Employment Law
A union rally off the employer's premises held the day before an election does not vitiate the election results, even though the rally may be noisy,...
07/20/2001 00-12665

US v. BURKE

United States Eleventh Circuit
Criminal Law & Procedure
Because counsel's chief reason for being present at trial is to exercise his professional judgment in deciding tactics, defendants do not have a...
07/20/2001 00-10828

FERNANDEZ-BERNAL v. ATTORNEY GEN. OF THE US

United States Eleventh Circuit
Criminal Law & Procedure, Immigration Law
Appellate courts lack subject-matter jurisdiction under 8 USC 1252(a)(2)(C) to review a district court's final order of removal of an alien based on...
07/19/2001 99-15373

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