Free US Court of Appeals for the Eleventh Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Eleventh Circuit January 16, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial | DEAN FALVY | | Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks. | Read More |
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US Court of Appeals for the Eleventh Circuit Opinions | Bibby v. Mortgage Investors Corp. | Docket: 19-12736 Opinion Date: January 15, 2021 Judge: Charles R. Wilson Areas of Law: Government & Administrative Law | Relators filed a qui tam action against MIC under the False Claims Act (FCA), seeking to recover the money the VA had paid when borrowers defaulted on MIC-originated loans. Relators then amended the complaint, adding a state law fraudulent transfer claim against MIC executive William L. Edwards. The district court granted Edwards's motion to dismiss based on lack of standing and granted MIC's motion for summary judgment on the FCA claim. The Eleventh Circuit held that summary judgment was improper on relators' FCA claim because genuine issues of material fact remain as to whether MIC's alleged false certifications were material. Furthermore, relators' claim is not barred by previous public disclosure. The court also held that relators lack standing on the fraudulent transfer claim because their pre-judgment interest in preventing a fraudulent transfer is a mere byproduct of their FCA claim and cannot give rise to an Article III injury in fact. Accordingly, the court affirmed in part, reversed in part, and remanded. | |
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