Category Archives: 11th Circuit

Eleventh Circuit concludes NLRB order to reinstate employees is not moot just because reinstatement is difficult

By Scott • Wagner and Associates |

NLRB v. Allied Medical Transport, Inc., No. 14-15033 (11th Cir. Oct. 13, 2015) SHORT: In NLRB v. Allied Medical Transport, Inc., the Eleventh Circuit granted the National Labor Relations Board’s petition for enforcement, concluding that substantial evidence supported the Board’s order that Allied illegally interfered with its employees’ union activities and unlawfully retaliated against… Read More »

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11th Circuit Update: Whistleblower, Fair Labor Standards Act, ERISA

By Scott • Wagner and Associates |

Wiersum v. U.S. Bank, No. 14-12289 (11th Cir. May 5, 2015) Brief summary: Florida Whistleblower Act Claim Preempted by National Bank Act In Wiersum v. U.S. Bank, Marc Wiersum, former bank employee/Vice President, appealed the district court’s dismissal with prejudice of his Florida Whistleblower Act (FWA) claim, which it determined was preempted by the… Read More »

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11th Circuit Update: Breach of Contract, Discrimination

By Scott • Wagner and Associates |

Peter A. Wilson v. International Business Machines Corporation, No. 14-14977 (11th Cir. May 11, 2015) Brief summary: Employer’s Adjustment of Commissions for a Significant Transaction Not Breach of Employment Contract  In Wilson vs. IBM, former International Business Machines Corporation (IBM) employee Peter Wilson appeal the district court’s granting of summary judgment of his breach… Read More »

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11th Circuit Update: Independent Contractor, WARN Act

By Scott • Wagner and Associates |

Carlson v. FedEx Ground Package Sys., Inc., No. 13-14979 (11th Cir. May 28, 2015) Brief summary: Determination of Whether a Worker Is Independent Contractor or Employee is Question of Fact In Carlson v. FedEx, drivers for FedEx challenged whether they were properly classified as independent contractors through claims of Florida’s Deceptive and Unfair Trade… Read More »

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11th Circuit Update: Disability, Protected Activity, Harassment

By Scott • Wagner and Associates |

Sandra Nolley v. AT&T Services, Inc., et. al. No. 14-13470 (11th Cir. May 1, 2015) Denial of Disability Benefits Not De Novo Wrong When Claimant Did Not Meet Definition of Disabled Brief summary: Sandra Nolley, a pro se litigant, appealed summary judgment in favor of AT&T Services and Sedgwick Claims Management Services, Inc. regarding… Read More »

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Health Issues Caused By Excessive Working Hours Not Enough for an Seaman’s Negligence Claim Against Employer Under Jones Act

By Scott • Wagner and Associates |

In Skye v. Maersk Line, the 11th Circuit was posed with the question of whether a seaman, former chiefmate, could recover monetary damages under the Jones Act for an injury stemming from excessive overtime work hours to the point of fatigue and erratic sleep schedule. Skye was diagnosed in 2000 with benign arrhythmia and… Read More »

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11th Circuit Update: Discrimination, Whistleblower

By Scott • Wagner and Associates |

Claude R. Short v. Mando American Corporation, _____F.3d _____ (11th Cir. February 27, 2015). Brief Summary: This is an employment discrimination case brought under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000 et seq., 42 U.S.C. § 1981 (§ 1981), and state tort law. The case involved… Read More »

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11th Circuit Update: Workers’ Compensation, Unpaid Overtime

By Scott • Wagner and Associates |

Morales v. Zenith Ins. Co., No. 12-11755 (11th Cir. 2015) (January 22, 2015) Brief Summary: Recovery of wrongful death judgment against an employer is barred by insurance policy exclusion of injuries covered under workers’ compensation law. In Morales v. Zenith Ins. Co., Leticia Morales brought a breach of contract claim against Zenith Insurance Company… Read More »

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11th Circuit Update: Class Action Fairness Act, Paycheck Deductions

By Scott • Wagner and Associates |

Dudley v. Eli Lilly and Co.  (December 29, 2014) Brief Summary: A party’s challenge to coverage under the Class Action Fairness Act must involve evidence stronger than a presumption The case Dudley v. Eli Lilly and Co. involved an interlocutory appeal from a district court order granting former Eli Lilly employee Dudley’s motion to remand a class… Read More »

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11th Circuit Update: Discrimination, National Origin, FMLA

By Scott • Wagner and Associates |

Erika Jacobs v Tricia Biando, Liberty Tax, Kristy Freitas, et al., ____F.3d____ (11th Cir. November 24, 2014). Brief Summary: Employee filed an amended complaint asserting Title VII claims, as well as various state law claims against her employer. The district court dismissed the amended complaint without prejudice for failure to state a claim, pursuant to… Read More »

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