United States Eleventh Circuit - December 2008 Opinion Summaries

Singh v. US Attorney Gen.

Criminal Law & Procedure, Immigration Law, Sentencing
Petitioner was properly deemed deportable as an alien convicted of an aggravated felony (burglary) for which a sentence of at least one year was...

Hemispherx Biopharma, Inc. v. Johannesburg Consolidated Investments

Civil Procedure, Commercial Law, Dispute Resolution & Arbitration
In a lawsuit arising out of an alleged hostile takeover attempt of a publicly traded company, dismissal of complaint is reversed and remanded in part...

Romero v. Drummond Co., Inc.

Civil Procedure, Injury & Tort Law, International Law
In claims under the the Alien Tort Statute and the Torture Victim Protection Act of 1991 alleging that defendant-subsidiary of state coal mine company...

Intervest Constr., Inc. v. Canterbury Estate Homes, Inc.

Construction, Copyright, Intellectual Property, Property Law & Real Estate
In a copyright infringement action alleging that district court erred in its examination of the two-floor plan at issue, summary judgment in favor of...

US v. Horsefall

Constitutional Law, Criminal Law & Procedure, Sentencing
In a per curiam decision, sentence of 327 months for receiving child pornography is affirmed over claims that: 1) the government breached the plea...

Adventure Outdoors, Inc. v. Bloomberg

Civil Procedure, Corp. Governance, Government Law, Injury & Tort Law
In a state-law libel and negligence action, district court's order concluding that state privilege law applied to the case and that state...

Galvez v. Bruce

Civil Rights, Criminal Law & Procedure
Sheriff's Deputy is not entitled to qualified immunity at the summary judgment stage from a suit alleging the use of excessive force in the course of...

McClain v. Hall

Criminal Law & Procedure, Habeas Corpus
State court reasonably denied death row inmate's habeas petition for failure to prove ineffective assistance of counsel in the investigation of...

Porter v. Attorney Gen. of Florida

Criminal Law & Procedure, Habeas Corpus, Sentencing
Death row inmate was improperly granted habeas relief on two claims of ineffective assistance of counsel. Having been found competent and having...

Quinchia v. U.S. Attorney Gen.

Administrative Law, Immigration Law
The BIA has reasonably concluded that the ambiguous phrase "lawfully resided continuously" in INA section 212(h) does not include periods of time...