United States Eleventh Circuit - July 2002 Opinion Summaries

REBEL ENTERPRISES, INC. v. PALM BEACH SHERIFF

Administrative Law, Transportation, Government Law
Because a county never adopted a "wrecker operator system" as contemplated by a state statute, a county sheriff was not authorized to arrest or...

US v. BROWN

Criminal Law & Procedure
A drug conviction is affirmed where race-neutral reasons offered by the government for its peremptory strikes were credible, and a DEA agent's expert...

JOHNSON & JOHNSON VISION CARE, INC. v. 1-800 CONTACTS, INC.

Commercial Law, Consumer Protection Law, Remedies, False Advertising
An injunction under the Lanham Act, prohibiting a company from making certain statements about another's products and services, is vacated where 1) a...

WOODARD v. FANBOY, L.L.C.

Constitutional Law, Property Law & Real Estate
Because sufficient evidence supported jury's finding of familial-status housing discrimination, district court's grant of judgment as a matter of law...

MCCORVEY v. BAXTER HEALTHCARE CORP.

Evidence, Injury & Tort Law, Product Liability
In a strict product liability action, exclusion of an engineering expert's affidavit was proper where qualification and reliability were not...

UTILITY AUTOMATION 2000, INC. v. CHOCTAWHATCHEE ELEC. COOP., INC.

Attorney's Fees, Contracts, Intellectual Property, Trade Secrets
Because the Alabama Trade Secrets Act does not define costs to include attorney's fees, plaintiff may not recover its attorneys' fees under the "costs...

COMMODITY FUTURES TRADING COMM'N v. MASS MEDIA MARKETING, INC.

Securities Law
Advertisers, not engaged in soliciting or accepting orders for options contracts, were not subject to the Introducing Broker registration and...

US v. MARTIN

Criminal Law & Procedure
A reviewing court may look outside the four corners of an affidavit, and consider facts known to the affiant, in determining whether an officer acted...

DREW v. DEP'T OF CORR.

Criminal Law & Procedure, Habeas Corpus
The statute of limitations for a habeas petition cannot be tolled for the time during which an untimely motion for post-conviction was pending before...

NAGLE v. EXPERIAN INFO. SOLUTIONS, INC.

Attorney's Fees, Consumer Protection Law
A plaintiff who was not awarded actual damages in an action to enforce liability under the Fair Credit Reporting Act was not "successful", and was not...