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Eleventh Circuit Affirms Judgment for Employer in Paralegal’s FLSA Overtime Action

The Eleventh Circuit clarified the standards for relief under Rule 59 of the Federal Rules of Civil Procedure in Jenkins v. Anton, 2019 WL 1894415 (11th Cir. Apr. 29, 2019). After a paralegal sued her employer for overtime wages under the Fair Labor Standards Act and lost at a bench trial, she was denied relief under Rules 59 and 60. On appeal, she argued that the denials were abuses...

Supreme Court Grants Review of Eleventh Circuit Case, Among Others, to Decide Title VII’s Application to LGBT Discrimination

The Supreme Court today granted certiorari in a number of cases considering whether Title VII prohibits discrimination against LGBT employees, including a case decided by the Eleventh Circuit, Bostock v. Clayton County, Georgia, 723 F. App’x 964 (May 10, 2018). In Bostock, a panel of Judges Tjoflat, Wilson, and Newsom affirmed, in an unpublished per curiam opinion, the dismissal of the...

A Takings Claim By Any Other Name . . . May Not Succeed

In Hillcrest Property, LLP v. Pasco County, 2019 WL 580259 (11th Cir. Feb. 13, 2019), the Eleventh Circuit confirmed that allegedly unlawful application of a land-use ordinance does not give rise to a substantive due process claim.  As the court previously held in McKinney v. Pate, 20 F.3d 1550 (11th Cir. 1994), “executive action never gives rise to a substantive-due-process claim...

Unregistered Copyright Does Not Preclude Federal Jurisdiction

Capping off an October trio of copyright decisions, the Eleventh Circuit in Fastcase, Inc. v. Lawriter, LLC, 2018 WL 5318148 (11th Cir. Oct. 29, 2018), confirmed that the failure to register a copyright does not defeat federal subject-matter jurisdiction (though it may doom an infringement claim under Rule 12(b)(6)).  The court also held that a plaintiff’s potential liability may be...

Court Rejects ADA Exhaustion Argument for Closed Captions

The court held this week that the Twenty-First Century Communications and Video Accessibility Act of 2010, which creates an administrative procedure to address videos lacking closed captions before the FCC, does not create an administrative exhaustion requirement for bringing similar issues under the ADA.  Sierra v. City of Hallandale Beach, Florida, (No. 18-10740 11th Cir. Sept. 27th,...

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