Free US Court of Appeals for the Eleventh Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Eleventh Circuit March 20, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Some Observations on Calls for Senate Reform: Part One of a Two-Part Series | VIKRAM DAVID AMAR | | In this first of a series of columns, Illinois Law dean and professor Vikram David Amar offers four observations about recent calls for reform of the filibuster device in the U.S. Senate. Dean Amar suggests looking at state experiences with supermajority rules, as well as the Senate’s own recent past, and he considers why senators might be reluctant to eliminate the filibuster. He concludes with a comment on President Joe Biden’s suggestion that the Senate return to the “talking filibuster” and praises a suggestion by Senator Tom Harkin (D-IA) that the cloture requirement (currently at 60 votes) could be lowered gradually, the longer a measure under consideration is debated. | Read More |
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US Court of Appeals for the Eleventh Circuit Opinions | Deal v. Tugalo Gas Company, Inc. | Docket: 19-14336 Opinion Date: March 19, 2021 Judge: Newsom Areas of Law: Business Law, Civil Procedure | Plaintiff filed suit against Tugalo, his cousin and Tugalo President Thomas Gilmer, and Tugalo's directors in a 17-count complaint, alleging that Gilmer misappropriated corporate funds and that the company's board let it happen. The district court rejected plaintiff's substantive claims and declined to adjudicate three equitable claims. The Eleventh Circuit affirmed the district court's decisions to grant summary judgment to Tugalo on plaintiff's fraud claim for lack of evidence of justifiable reliance (and, separately, to deny plaintiff's motion to defer ruling on the fraud claim). The court also affirmed the district court's decision to deny plaintiff's request to amend his complaint after the pleading-amendment deadline. However, the court reversed the district court's decision to abstain under the Burford abstention doctrine from adjudicating plaintiff's judicial-dissolution count. In this case, there was, and is, no ongoing state administrative proceeding or, for that matter, even any preexisting action by a Georgia state court or executive official to dissolve Tugalo. The court remanded for consideration of that count along with his other two equitable counts. | | Sleeth v. Commissioner of Internal Revenue | Docket: 20-10221 Opinion Date: March 19, 2021 Judge: Grant Areas of Law: Tax Law | The Eleventh Circuit affirmed the tax court's denial of taxpayer's request to sever her liability for unpaid tax liabilities from joint tax returns for the 2008, 2009, and 2010 tax years based on the innocent spouse doctrine. The court concluded that the tax court did not abuse its discretion in balancing the factors for determining equitable relief and concluding that the knowledge or reason-to-know factor weighed strongly against relief. In this case, taxpayer signed the couple's returns, was aware of their shared financial troubles, and knew of their prior problems with the IRS. Furthermore, the tax court did not abuse its discretion by placing too much weight on this factor. | |
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