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Federal Courts -
11th Circuit Court of Appeals - March 3, 2006
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Brown v. Brock, No. 05-13542 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: Where a district court considered an employee's bankruptcy petition in granting judgment on the pleadings to an employer in a Title VII discrimination suit, district court erred in converting the motion to one for summary judgment without giving the employee notice of conversion and 10 days to respond, as was required by Fed. R. Civ. P. 12(c), 56.
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Fuster-Escalona v. Fla. Dep't of Corr., No. 04-15355 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: A district court's denial of a state inmate's 28 U.S.C.S. § 2254 petition was affirmed because, inter alia, the inmate did not show that the state appellate court's rejected of his Confrontation Clause claim was contrary to, or an unreasonable application of federal law, and his general due process claim did not state a cognizable habeas claim.
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Great Am. E&S Ins. Co. v. Sadiki, No. 04-15630,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: District court in Florida properly held that under Florida choice of law rules, insurance policy covering property in Florida had to be construed under Florida law. Because Florida courts had not disagreed with this U.S. Court of Appeals for the Eleventh Circuit precedent, certification of this issue to the Florida Supreme Court was not warranted.
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Kadalie v. Bd. of Regents of the Univ. of Ga., No. 05-13196, No. 05-14636,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: Appeal was dismissed for lack of jurisdiction, where university president and vice-president challenged denial of qualified immunity. Mixed motive issue turned on fact issue of whether jury reasonably could find president and vice-president acted against plaintiff for some reason other than, or in addition to, speech on matter of public concern.
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United States v. Lopez-Cruz, No. 05-13044 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 3, 2006, Decided , March 3, 2006, Filed
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Overview: Because the government was permitted to engage in strategic undercover operations in order to discover illegal drugs, its use of a cooperating inmate, who was allowed to continue his bookmaking operations in order to maintain his connections to the prison's drug traffickers, was not outrageous in light of the totality of the circumstances.
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