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U.S. Eleventh Circuit

11th Circuit Clarifies How Not to Write a Shotgun Complaint

By Joseph Fawbush, Esq.

No one wants their lawsuit to be dismissed for failure to state a claim upon which relief can be granted. But throwing facts and defendants up in the air in the hope and prayer that something – anything – will move the case forward can get your case dismissed just as quickly. Known as “shotgun complaints" in the 11th Circuit, rules 8(a)(2) and Rule 10(b) of the Federal Rules of Civil Procedure prohibit these scattershot approaches to lawsuits, at least in spirit.

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Sidney Powell Puts the Kraken Back in the...Wherever You Keep a Kraken

By Laura Temme, Esq.

You know what they say, once the Kraken has been unleashed....you can definitely just quietly put it back. Attorney Sidney Powell has voluntarily withdrawn the elaborate lawsuit alleging that Georgia's election was rigged in favor of President Joe Biden - a legal effort dubbed "the Kraken" by Powell during an appearance on Fox Business.

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11th Circuit Says Sexual Orientation Conversion Therapy For Kids Cannot Be Prohibited

By Joseph Fawbush, Esq.

The Eleventh Circuit Court of Appeals held in a 2-1 decision that "gay conversion therapy" bans violate the First Amendment rights of therapists. In overturning the lower court, the Eleventh Circuit panel splits from the Third and Ninth Circuits. As a result, sexual orientation change efforts (SOCE) therapy in Florida, Alabama, and Georgia cannot be prohibited.

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11th Circuit Finds Georgia County's Redrawn School Districts Dilute Voting Power of Black Residents

By Laura Temme, Esq.

The redrawing of school board districts in Georgia's Sumter County violated the Voting Rights Act of 1965 by diluting Black residents' voting power, according to a recent decision by the Eleventh Circuit Court of Appeals. This decision is the latest in a six-year legal battle that has bounced back and forth between the court of appeals and the district courts. Six Years In the Courts In 2014, a new law in Georgia reduced the size of Sumter County's school board from nine members to seven.

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Florida Teacher's Union Sues Governor to Stop "Reckless" Reopening of Schools

By Laura Temme, Esq.

The Florida Education Association, the state's largest teacher's union, filed suit this week to stop the "reckless and unsafe reopening of schools." Educators from Miami-Dade, Broward, and Orange Counties have joined on as plaintiffs, as well as the NAACP. The lawsuit comes as concerns grow over the surge of COVID-19 cases in the state and a recent emergency order requiring schools to open next month.

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Eleventh Circuit Holds It Cannot Side With Epstein Victims, Despite Claiming It Wanted To

By Joseph Fawbush, Esq.

We can't rule in your favor, a split panel on the Eleventh Circuit told a group of 30 women victimized by notorious sexual predator Jeffrey Epstein, but we don't like it either. That was the crux of a recent Eleventh Circuit decision finding that the Crime Victims Rights Act does not apply to Epstein victims linked to the non-prosecution of Epstein in 2008.

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