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   Federal Courts - 11th Circuit Court of Appeals - April 14, 2006

  
Archer v. Comm'r of Soc. Sec., No. 05-16045 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 14, 2006, Decided , April 14, 2006, Filed
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Overview: The only issue on appeal was whether plaintiff's Social Security disability case should have been remanded pursuant to 42 U.S.C.S. § 405(g) for consideration of new evidence; after a thorough review of the record, the reviewing court concluded that the new evidence was not material, as it was unlikely to have changed the outcome.

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Bashir v. Rockdale County, No. 05-12020, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 14, 2006, Decided , April 14, 2006, Filed
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Overview: Entry of summary judgment in favor of sheriff's deputies was reversed because the deputies violated plaintiff's Fourth Amendment rights when they unlawfully entered his house and arrested him, their warrantless entry was not justified, the right was clearly established at the time, and thus, they were not entitled to qualified immunity.

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In re Superior Constr. Co., No. 05-10110, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 14, 2006, Decided , April 14, 2006, Filed
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Overview: Judgment for boaters who were injured in allision with charterer's barge was affirmed; boaters overcame presumption of fault under Pennsylvania Rule where evidence showed that their captain's intoxication did not contribute to allision, but charterer failed to overcome presumption that its violation of 33 U.S.C.S. § 409 was sole cause of allision.

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United States v. James, No. 03-13320 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 14, 2006, Decided , April 14, 2006, Filed
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Wholesale Telecom Corp. v. ITC Deltacom Communs., Inc., No. 05-13404 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 14, 2006, Decided , April 14, 2006, Filed
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Overview: In a contract case, the district court's grant of a telecommunications provider's cross-motion for summary judgment was affirmed because a service agreement was not ambiguous, and the agreement did not limit the term tariff to tariffs filed with a regulatory body.

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