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United States Eleventh Circuit - December 2001 Opinion Summaries

FILL IN AT LEAST ONE FIELD

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Description Date Docket #

GILBERT v. ALTA HEALTH & LIFE INS. CO.

United States Eleventh Circuit
ERISA
Alabama's bad faith law is not saved from preemption by the ERISA saving clause, and a sole shareholder of a corporation can be a "beneficiary" and...
12/27/2001 01-10829

HODGES v. BARNHART

United States Eleventh Circuit
Government Benefits
Mental retardation is presumed to be constant throughout life, and a Social Security claimant, who at the age of 22 presented evidence of low IQ test...
12/21/2001 01-11387

HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA

United States Eleventh Circuit
Civil Procedure, ERISA, Health Law
Under ERISA, physician assistants claiming a right to payment do not have derivative standing to sue on behalf of plan participants where they have...
12/21/2001 01-10019

LEGAL ENVTL. ASSISTANCE FOUND., INC. v. US ENVTL. PROT. AGENCY

United States Eleventh Circuit
Environmental Law
Under Section 1425 of the Safe Drinking Water Act, 42 USC 300h-4(a), the process of hydraulic fracturing to recover methane gas from underground coal...
12/21/2001 00-10381

MCLAULIN v. COMM'R OF INTERNAL REVENUE

United States Eleventh Circuit
Tax Law
Spinoff distribution by a parent corporation of its ownership interest in a subsidiary corporation to the parent corporation's sole shareholders does...
12/21/2001 00-16685

DEJULIO v. STATE OF GEORGIA

United States Eleventh Circuit
Communications Law
Changes in internal rules and procedures by which the Georgia General Assembly enacts local legislation are not subject to the preclearance...
12/21/2001 01-10806

WADDELL v. VALLEY FORGE DENTAL ASSOCS., INC.

United States Eleventh Circuit
Labor & Employment Law
An HIV-positive dental hygienist is not qualified for his employment position because he poses a "direct threat" to his patients under the Americans...
12/21/2001 00-14896

US v. BURGOS

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
The sentencing guidelines do not authorize a court to penalize a defendant for refusing to cooperate with the government in a criminal investigation...
12/21/2001 00-13779

US v. JACKSON

United States Eleventh Circuit
Criminal Law & Procedure, Sentencing
USSG 2K2.1(b)(5), a sentence enhancement for firearm possession in connection with another felony applies where defendant unsuccessfully reached for...
12/21/2001 01-10396

BARRETO-CLARA v. US ATTORNEY GEN.

United States Eleventh Circuit
Immigration Law
Making intentional and material misrepresentations on a refugee asylum application will automatically disqualify an applicant for asylum for filing a...
12/19/2001 00-10154

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