Despite the ruling in . The parties had a contested three-day hearing. e d u / l r / v o l 1 6 / i s s 4 / 1 4)/Rect[72.0 131.7406 238.8604 143.4594]/StructParent 7/Subtype/Link/Type/Annot>> 430 0 obj 0000003728 00000 n
Eleventh Circuit Judges; Judge Elbert P. Tuttle; Judge John C. Godbold; Judicial Seminars Disclosure; E-Filing Information (CM/ECF) NextGen; Login; Registration; Account Update; How-To Guides; Guide to Electronic Filing; Briefing & Filing Instructions; CM/ECF Docket Report ; Cases of Interest; Web-Based CIP; Technical Information; Fees & Filing Instructions. x��WMo�F��W̩�w��^AP���Hm���ZZYl)R%���K�\Zrl-P_(K��73o��Lϊ*Y�� A citation to Hayes in a brief, memo, or court opinion reading: “United States v. Hayes, 409 F. App’x 277 (11th Cir. for the Eleventh Circuit Honorable William H. Pryor Jr., Chief Judge. If you are not a NACBA member, you may Become a NACBA Member. ( Log Out / In fact the ALWD manual goes farther down this false path than The Bluebook, for it authorizes citations to unpublished decisions that rely totally on Lexis or Westlaw cites, which are even less effective across systems, e.g., “United States v. Hayes, 2010 U.S. App. 11-13064 (11th Cir. 0000017145 00000 n
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The Debtors argued that they wanted to prove they were not liable and that the debt was invalid . (disability insurance benefits, supplemental security income, mental health), Glover v. City of Pensacola, Fla. (firefighters’ hostile work environment and disparate treatment claims), Kinnett v. Strayer Educ., Inc. (securities fraud), Skytruck Co. v. Sikorsky Aircraft Corp. (tortious interference, bad faith, unjust enrichment), United States v. Presley (Sentencing Guidelines, resentencing, crack offense, career offender), United States v. Alcemius (reasonableness of sentence), Feliciano v. United States (certificate of appealability, ineffective assistance of counsel, evidentiary hearing), Ledlow v. Givens (state prisoner § 1983 claim, excessive force), United States v. Tomlin (making false statements in a matter within the jurisdiction of a department or agency of the United States, motion for acquittal, calculation of restitution), United States v. Julian (cocaine distribution conspiracy, motion to suppress evidence), United States v. Brown (felon in possession of a firearm, possession with intent to distribute methamphetamine, calculating amount of drugs for sentencing), United States v. Hankins (wire fraud, sentencing), United States v. Perez-Zuniga (illegal reentry, guilty plea, sentence above the applicable guideline range, variance, departure), United States v. Russell (mail fraud, conspiracy), Pan v. U.S. Attorney Gen. (Chinese citizen, Board of Immigration Appeals, reopen, changed country conditions, asylum), In re Steffen (non-final bankruptcy court order), Guerrero v. U.S. Attorney Gen. (Colombian citizen, immigration, asylum, UN Convention Against Torture), Pantoja v. Edward Zengel & Sons Express, Inc. (ERISA, unpaid contributions to an employee 401(k) plan are not “plan assets” pursuant to the governing documents), Pardo v. Palmer (Florida prisoner, death penalty, Eighth Amendment, Fourteenth Amendment, stay denied), Milakovich v. USCIS – Orlando (lack of jurisdiction, failure to state a claim, Immigration and Nationality Act, Fifth and Fourteenth Amendments), Emmanuelli v. Priebus (Republican National Convention delegates, dismissal pursuant to Rule 12(b)(6)), McGowan v. Homeward Residential, Inc. (foreclosure, dismissal pursuant to Rule 12(b)(6)), United States v. Vega (possession and distribution of cocaine, sentencing, firearm enhancement, premises enhancement), United States v. Stevens (Rule 36 motion to correct presentence investigation report, substantive not clerical correction: possession of cannabis, felony versus misdemeanor, career offender status), United States v. Campbell (withdrawal of appointed appellate counsel, no arguable issues of merit), Gilliard v. Ga. Dep’t of Corrections (disability discrimination, summary judgment for employer), Wilson v. Comm’r of Soc. Jim Haller | Latest News | August 12, 2019. This means "archive.") Published Opinions are binding precedent. Dec. 16, 2010).” The docket number, coupled with deciding court, enables retrieval of the opinion from all competing commercial research services, from Google Scholar and the open Web. Unpublished Opinions; Oral Arguments; En Banc Matters. 2010)“ is utterly useless on the open Web. endobj Unpublished Opinions are not binding precedent. 443 0 obj LEXIS 25741, and 2010 WL 5122587, respectively. 41 entered by Chief Judge Carnes on December 30, 2013, which declared a judicial emergency pursuant to 28 U.S.C. On August 7, 2019, the Eleventh Circuit Court of Appeals determined that the Debtors were not eligible for discharge under 11 U.S.C. 1989] NONPUBLICA TION IN THE ELEVENTH CIRCUIT 965. consensus that too many opinions are being printed and published." %%EOF 0000002409 00000 n
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The state court ultimately sanctioned the Debtors by entering a default judgment against them for $981,010.63 plus $547.00 in costs. Aug. 15, 2012) (which appears in volume 486 of the Federal Appendix at page 853, if that is useful to you) cites the case, without either docket number or exact date, as “United States v. Hayes, 409 Fed. However, as is true with all the others, a docket number search does the job. Under the influence of those appearing before them and the guidance of their clerks, federal judges need to bring their citation practice into accord with the concern over access expressed in the Eleventh Circuit rule. f s u . But unpublished opinions issued after January 1, 2001, do now appear in a separate West publication known as the Federal Appendix, and even unpublished decisions issued before that date can be found on Lexis or Westlaw. Change ), You are commenting using your Google account. In sum, both The Bluebook and the ALWD Citation Manual have been led astray. Sec. That information is not available on the open Web. Home. Pantoja v. Edward Zengel & Sons Express, Inc. Eleventh Circuit Roundup: Published Opinions, Eleventh Circuit Roundup: Unpublished Opinions, Eleventh Circuit Decision: Alabama Immigration Law, Great Valentine ideas for the appellate lawyer in your life: @. The Eleventh Circuit used a clearly invalid sua sponte issued pre-filing injunction to justify its goal of affirming Judge Graham. Oral Argument Calendars; En Banc Issues; Oral Argument Recordings; Live Streaming of Oral Arguments; You are here. Unfortunately, the judges of the Eleventh Circuit and the district courts over which it sits do not model this approach. Rather the rule addresses the problem of access faced by parties without access to Westlaw, Lexis, Bloomberg Law and the rest, and citation format bears directly on access. 428 0 obj The bankruptcy court ruled in favor of the Plaintiffs and that the Debtors were precluded from challenging the debt and that the debt was non-dischargeable. 2012) cites to the Federal Appendix reporter, “United States v. Hayes, 409 Fed.Appx. 0 427 0 obj <]/Prev 1320148>> l a w . 9. Email Subscription. 424 20 Occasional observations concerning the citation of legal authorities by lawyers and judges. Dec.16.2010).” United States v. Morris, No. 0000002633 00000 n
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App’x 277, 278-79 (11th Cir. Afterwards, the Securities Department of the Illinois Secretary of State brought an administrative action against the Debtors and their companies accusing them of violating Illinois securities laws similar to the lawsuit brought by Plaintiffs. endobj cite and pagination for the Hayes decision (and other unpublished Court of Appeals opinions appearing in that series). %PDF-1.7
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