United States Eleventh Circuit - January 2003 Opinion Summaries

HARDWICK v. CROSBY

Criminal Law & Procedure, Habeas Corpus, Sentencing
In a death penalty appeal, an attorney who provided no defense and failed to explain the significance of all available evidence at the penalty phase,...

FORD v. BROWN

Civil Procedure, Injury & Tort Law, International Law
A diversity tort action should have been dismissed under forum non conveniens, where the litigation entailed a Hong Kong-centered dispute, most of the...

PENALTY KICK MGMT. LTD. v. COCA-COLA CO.

Commercial Law, Injury & Tort Law, Intellectual Property, Trade Secrets
Plaintiff failed to provide evidence of defendant's actual disclosure or unauthorized use of plaintiff's trade secrets under the Georgia Trade Secrets...

FED. TRADE COMM'N v. TASHMAN

Antitrust & Trade Regulation, Commercial Law
Judgment for defendants in a Section 5 Federal Trade Commission Act action reversed, where evidence showed that reasonable consumers were likely to...

US v. $242,484.00

Asset Forfeiture, Criminal Law & Procedure, Property Law & Real Estate
In a civil forfeiture action pursuant to 21 U.S.C. section 881(a)(6), the government's case falls short of the probable-cause line due to a complete...

STEGER v. GEN. ELEC. CO.

Civil Rights, Labor & Employment Law
In an Age Discrimination in Employment claim, managers' decisions were partially subjective, but their decision to terminate was based on legitimate...

AREZ v. MANUEL DIAZ FARMS, INC.

Agriculture, Labor & Employment Law
A farm employee's tasks fell within the definition of secondary agriculture, thus he was an agricultural employee within the meaning of the Fair Labor...

US v. TORRES

Criminal Law & Procedure, International Law
"Final action" under 18 U.S.C. section 3292, tolling a criminal case limitations period so the government may pursue an official request for evidence...

US v. STEIGER

Communications Law, Criminal Law & Procedure, Cyberspace Law, Evidence
An anonymous source did not intercept electronic communications in violation of the Wiretap Act when he hacked into an accused child molester's...

SHAPS v. PROVIDENT LIFE & ACCIDENT INS. CO.

Contracts, Health Law, Insurance Law
In an action alleging that insurers breached a disability insurance contract, the district court erred in placing the burden of proof on the insured...