Eleventh Circuit The following cases since last update:
Jackson v. Birmingham Bd. of Ed. (10/21/02), affirming the grant of a motion to dismiss, holds that there is no private right of action for retaliation (as distinct from sex discrimination) under Title IX (the statute regarding gender equity in educational institutions).
In re Financial Federated Title (10/21/02) vacates a bankruptcy court judgment regarding alleged fraudulent transfers, and remands for trial. The transferee's jury demand was timely (and therefore the bankruptcy court erred in striking it), where it was made promptly after an amended complaint sought over $1 million against her; the fact that she hadn't requested a jury upon answering the original complaint is deemed not to have been a waiver of the right to request a jury, where that original complaint sought a vastly smaller sum. Also holds that she is entitled to present to the jury her defense of "for value and in good faith" defense under section 548(c) of the Bankruptcy Code.
U.S. v. Caro (10/21/02), on the government's appeal, vacates the sentence in a child pornography case and remands for resentencing. Contrary to the District Court's conclusion in refusing the govt's request for an enhancement, an enhancement for "sadistic or masochistic" nature of the materials doesn't require an expert witness to testify that the subjects of the pornography were in pain. And the District Court erred in departing downward based on a purported reduced mental capacity, because his mental condition was no different from the average child pornography collector.
Weaver v. Bonner (10/18/02) is the constitutionality of certain of Georgia's restrictions on candidates for judicial office. The Court (a) strikes down a restriction on false and/or misleading campaign speech, holding that it doesn't give enough breathing room for political speech; (b) strikes down a prohibition on judicial candidates soliciting funds themselves; (c) strikes down the "cease and desist" procedure used by Georgia authorities; and (d) nonetheless refuses to call a special election, as the losing (and muzzled) ex-candidate requested.
Employer's Mutual v. Schrader (10/18/02) certifies to the AL S.Ct. a question on insurance coverage for claims against municipal employees under 42 U.S.C. ยง 1983.
Loren v. Sasser (10/17/02) rejects a claim under the Fair Housing Act for discrimination based on disability. Mostly about deed restrictions in a subdivision. Plaintiff had no right to fence her front yard (which was against deed restrictions) because a fenced-in back yard (which the homeowners' association was willing to allow) would have been a reasonable accommodation. Refusal to allow a "for sale" sign was not actionable under section 1983 because there was no state action (reading Shelley v. Kramer narrowly, confining it to the race-discrimination context). And other challenges to jury verdict, evidentiary rulings, etc., are rejected because appellants didn't make a trial transcript part of the appellate record.
Atkinson v. Comm'r (10/16/02), a tax case, holds that "the failure of an estate to comply with tax regulations regarding annual disbursements from a charitable remainder annuity trust results in the complete denial of a charitable deduction, even when a substantial amount of money would flow to charity".
Jackson v. Birmingham Bd. of Ed. (10/21/02), affirming the grant of a motion to dismiss, holds that there is no private right of action for retaliation (as distinct from sex discrimination) under Title IX (the statute regarding gender equity in educational institutions).
In re Financial Federated Title (10/21/02) vacates a bankruptcy court judgment regarding alleged fraudulent transfers, and remands for trial. The transferee's jury demand was timely (and therefore the bankruptcy court erred in striking it), where it was made promptly after an amended complaint sought over $1 million against her; the fact that she hadn't requested a jury upon answering the original complaint is deemed not to have been a waiver of the right to request a jury, where that original complaint sought a vastly smaller sum. Also holds that she is entitled to present to the jury her defense of "for value and in good faith" defense under section 548(c) of the Bankruptcy Code.
U.S. v. Caro (10/21/02), on the government's appeal, vacates the sentence in a child pornography case and remands for resentencing. Contrary to the District Court's conclusion in refusing the govt's request for an enhancement, an enhancement for "sadistic or masochistic" nature of the materials doesn't require an expert witness to testify that the subjects of the pornography were in pain. And the District Court erred in departing downward based on a purported reduced mental capacity, because his mental condition was no different from the average child pornography collector.
Weaver v. Bonner (10/18/02) is the constitutionality of certain of Georgia's restrictions on candidates for judicial office. The Court (a) strikes down a restriction on false and/or misleading campaign speech, holding that it doesn't give enough breathing room for political speech; (b) strikes down a prohibition on judicial candidates soliciting funds themselves; (c) strikes down the "cease and desist" procedure used by Georgia authorities; and (d) nonetheless refuses to call a special election, as the losing (and muzzled) ex-candidate requested.
Employer's Mutual v. Schrader (10/18/02) certifies to the AL S.Ct. a question on insurance coverage for claims against municipal employees under 42 U.S.C. ยง 1983.
Loren v. Sasser (10/17/02) rejects a claim under the Fair Housing Act for discrimination based on disability. Mostly about deed restrictions in a subdivision. Plaintiff had no right to fence her front yard (which was against deed restrictions) because a fenced-in back yard (which the homeowners' association was willing to allow) would have been a reasonable accommodation. Refusal to allow a "for sale" sign was not actionable under section 1983 because there was no state action (reading Shelley v. Kramer narrowly, confining it to the race-discrimination context). And other challenges to jury verdict, evidentiary rulings, etc., are rejected because appellants didn't make a trial transcript part of the appellate record.
Atkinson v. Comm'r (10/16/02), a tax case, holds that "the failure of an estate to comply with tax regulations regarding annual disbursements from a charitable remainder annuity trust results in the complete denial of a charitable deduction, even when a substantial amount of money would flow to charity".
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3:45 AM
