United States Eleventh Circuit - August 2001 Opinion Summaries

VAUGHAN v. COX

Civil Rights
A police officer's firing of his weapon at the truck during police chase can be deemed "means intentionally applied" to seize passenger in the truck...

O'NEAL v. GARRISON

Corporation & Enterprise Law
Under Georgia law, there is no implied power of a corporate president to discharge another officer.

FOGADE v. ENB REVOCABLE TRUST

Civil Procedure
A district court retains jurisdiction over case if it does not enter a final order even if it granted a motion to dismiss for forum non conveniens.

DAVIDOFF & CIE, SA v. PLD INT'L CORP.

Intellectual Property, Trademark
The unauthorized resale of a materially different trademarked product constitutes trademark infringement.

JOHNSON v. BD. OF REGENTS OF THE UNIV. OF GEORGIA

Civil Rights, Constitutional Law, Education Law
A school admissions policy that mechanically awards an arbitrary "diversity" bonus to each and every non-white applicant at a decisive stage in the...

THE WALDINGER CORP. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
A supervisor who vocally advocated the union and was present when a voice vote was taken did not exercise undue influence on employees when he did not...

MCKINLEY v. KAPLAN

Civil Rights
A Film Board member's job of advising a County Commission and making recommendations on policy matters affecting the entertainment industry...

HUBBARD v. HALEY

Civil Procedure, Civil Rights
The Prison Litigation Reform Act of 1995, 28 USC 1915(b), which requires a prisoner bringing a civil action in forma pauperis to pay the full filing...

DORSEY v. CHAPMAN

Criminal Law & Procedure, Habeas Corpus
In a criminal case involving a victim with multiple personalities, defense counsel's decision not to impeach the witness with prior inconsistent...

SEGUROS DEL ESTADO, S.A. v. SCIENTIFIC GAMES, INC.

Civil Procedure, International Law
Lis alibi pendens will not bar a case in federal court for indemnification where the dispute over the indemnified claim is in a foreign court and does...