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Monday, November 24, 2014
Trademarks, civil rights, and rib roast with green peppercorn-coffee-rosemary-garlic rub over sweet potato mash
Civil rights -- Due process -- Colleges and universities --
Former tenured university professor brought complaint under 42 U.S.C.
section1983 alleging his termination failed to comport with procedural due
process -- District court did not err in granting defendants' motion to dismiss
on ground that plaintiff could not state a plausible claim for relief under
Section 1983 with respect to his procedural due process claim -- Plaintiff was
afforded adequate procedural due process prior to revocation of his tenure and
termination of his employment where he received prior, written notice of
charges against him; was represented by counsel at formal hearing before an
unbiased faculty committee; presented argument and evidence on his own behalf,
including cross-examination of witnesses against him; had a right to appeal his
termination to Board of Regents; and submitted a written appeal to Board of
Regents -- Lack of a requirement that plaintiff also receive a hearing before
university president, that president review and rely on findings of faculty
hearing committee or evidence presented at such hearing before making a final
decision, or that plaintiff receive an in-person meeting with Board of Regents
prior to his termination did not deprive plaintiff of a meaningful opportunity
to be heard -- Jurisdiction -- District court had jurisdiction to consider
plaintiff's procedural due process claim because plaintiff's federal action
under Section 1983 was not barred by doctrine of res judicata and his
procedural due process claim was actionable under Section 1983
JOY LASKAR, Ph.D., Plaintiff-Appellant, v. G.P. “BUD”
PETERSON, individually and in his official capacity as President of the Georgia
Institute of Technology, a Unit of the University System of Georgia, et al.,
Defendants-Appellants. 11th Circuit.
Contracts -- Real property sale -- Failure to consummate
contract -- Purchaser's contract claims for damages and specific performance
based on failure to consummate contract for purchase of residential property
are barred by remedies limitation provision of the residential contract --
Remedies limitation provision does not contain an unreasonable disparity in
remedy alternatives available to parties and thus does not lack mutuality and
is enforceable -- Parties' respective remedies are not unreasonably disparate,
as pertaining to the failure to consummate sale of residential property, where
remedies provision limits purchasing party's remedies for seller's failure to
consummate the sale to return of its deposit and out-of-pocket expenses and
seller's sole and exclusive remedy for purchaser's failure to consummate the
contract was terminating the contract and retaining the earnest money, thus
foregoing option of enforcing contract and seeking actual damages or specific
performance
INLET BEACH CAPITAL INVESTMENTS, LLC, US 98 CAPITAL
INVESTMENTS, LLC, DAVID R. PEARSON, Plaintiffs-Appellants, v. FEDERAL DEPOSIT
INSURANCE CORPORATION, as receiver for Peoples First Community Bank Panama
City, Florida, a.k.a. FDIC, Defendant-Appellee. 11th Circuit.
Contracts -- Sales -- Accounting -- A Saudi Arabian company
that contracted with a Florida-based aircraft parts dealer to sell aircraft
parts on consignment sued its contracting party for breach of contract and
conversion and requested an accounting -- District court abused discretion when
it refused to grant plaintiff an accounting to determine amount, if any, due
from defendant -- District court failed to recognize that the fiduciary nature
of relationship between parties alone constituted sufficient grounds for an
accounting under Florida law and erroneously concluded that an action for
damages afforded an adequate remedy at law -- A court-directed accounting was
appropriate remedy where defendant, as a consignee, had a fiduciary obligation
to account for its handling of plaintiff's parts, parties' contracts explicitly
spelled out defendant's duty to keep complete and accurate records and
plaintiff's right to review those records, and defendant concededly failed to
comply with its accounting and reporting obligations -- A court-directed
accounting was proper remedy because plaintiff's breach of contract claim did
not constitute an adequate remedy at law where discovery could not provide the
means to force defendant, who possessed all relevant details regarding
disposition of goods and who had substantial motivation to frustrate discovery
process, to disgorge the requisite information for plaintiff to prove damages
ZAKI KULAIBEE ESTABLISHMENT, a company formed under the laws
of the Kingdom of Saudi Arabia, Plaintiff-Appellant, v. HENRY H. MCFLIKER, a
natural person, a.k.a. Harris H. McFliker, a.k.a. Harold McFliker, AYODH
PERSAUD, a natural person, a.k.a. Joe Persaud, SHAMMIE PERSAUD, a.k.a. Bebe
Nafessa Persaud, a.k.a. Be Be N. Persaud, a.k.a. Bi Bi N. Persaud, AIRSPARES
NETWORK, INC., a Florida corporation, DAYTONA AEROSPACE, INC., a Florida
corporation, et al., Defendants-Appellees. 11th Circuit.
Elections -- National Voter Registration Act -- Florida
violated section 8(c)(2)(A) of NVRA, which requires state to “complete not
later than 90 days prior to the date of a primary or general election for
Federal office, any program the purpose of which is to systematically remove
the names of ineligible voters from the official lists of eligible voters,” by
conducting a program to systematically remove suspected non-citizens from voter
rolls within 90 days of a federal election -- Remand with instructions to
district court to enter order declaring that Florida Secretary of State's
actions were in violation of 90-day provision of NVRA and to grant such relief
as needs and interests of justice require -- Standing -- Individual plaintiffs
who had been wrongly identified as non-citizens in a prior program had standing
to challenge that prior program, although they were ultimately not prevented
from voting in prior election -- These individuals also had standing to
prospectively challenge second attempt to remove non-citizens from voter roles
because there was a realistic probability that they would be misidentified due
to unintentional mistakes in data-matching process -- Organizational plaintiffs
had standing to challenge program based on both a diversion-of-resources and an
associational standing theory -- Mootness -- Claims related to 2012 elections are
not moot because dispute is capable of repetition yet evading review
KARLA VANESSA ARCIA, MELANDE ANTOINE, et al.,
Plaintiffs-Appellants, v. FLORIDA SECRETARY OF STATE, Defendant-Appellee, LUIS
I. GARCIA, et al., Intervenor Defendants. 11th Circuit.
Labor relations -- Fair Labor Standards Act -- Overtime --
Former employees of Florida construction contractor brought suit claiming
contractor failed to pay wages, including overtime, that they were entitled to
receive under FLSA -- Jurisdiction -- District court had subject matter
jurisdiction where face of complaint alleged federal claim for unpaid, overtime
hours -- Statement of claim that plaintiffs filed under the local practices did
not amend that jurisdictional basis out of the complaint -- Plaintiffs' failure
to reiterate their unpaid-overtime-hours claim in statement of claim document
is not controlling -- Statement of claim document does not have status of a
pleading and is not an amendment of complaint under Rule 15 of Federal Rules of
Civil Procedure
ARLE CALDERON, MANNY FERNANDEZ, ADALBERTO GALO, LUIS MOLINA,
ANDY W. DEL TORO, SERGIO D. HERNANDEZ, PEDRO JOSE MARTINEZ, WILLIAMS ARIELLO
GALANTINO, JOSE DE LA CRUZ CARDENAS, on their own behalf and others similarly
situated, Plaintiffs-Appellants, v. BAKER CONCRETE CONSTRUCTION, INC., a
Florida profit corporation, et al., Defendants, FORM WORKS/bAKER JV, LLC., a
foreign profit corporation, Defendant-Appellee. 11th Circuit.
Trademarks -- Infringement -- Online education -- Standing
-- Florida Virtual School, a Florida state agency established for development
and delivery of online education, appeals from dismissal of its trademark
infringement suit against a national online education provider for lack of
standing based on conclusion that only Department of State has standing to sue
for infringement of plaintiff's trademarks -- Florida Virtual School has
authority, and standing, to file action to protect its trademarks
FLORIDA VIRTUALSCHOOL, a Florida Educational Institution,
Plaintiff-Appellant, v. K12, INC., a Delaware Corporation, K12 FLORIDA, LLC, a
Florida Limited Liability Company, Defendants-Appellees. 11th Circuit.
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