11th U.S. Circuit Court of Appeals

Florida's rule providing protection for the honest errors of attorneys in their judgment about a debatable point of law has shielded a law firm facing a malpractice suit for its choice not to use a particular expert witness in support of hurricane damage claim, Harris Martin reports. The U.S. Court of Appeals for the 11th Circuit found that Florida's judgmental immunity doctrine applied to the law firm's decision.

Law 360's Jeff Sistrunk reports that a condo association sued Childress Duffy for how that firm handled a breach of contract suit against Citizens Property Insurance Co. The condo association was seeking recovery for property damage from Hurricane Frances, including a $1.5 million claim for an elevator.

The defense wind expert called by the law firm was neither a mechanical engineer nor an elevator expert. A jury trial ended in a directed verdict.

The Eleventh Circuit granted a stay Wednesday in litigation over same-sex marriage bans in Alabama, Georgia and Florida until the U.S. Supreme Court rules on the constitutionality of such laws, the Washington Blade reports.

The Eleventh Circuit has denied Alabama's request to stay a decision striking down that state's ban on same-sex marriage, the Montgomery Advertiser's Brian Lyman reports. The bans include a statute and a constitutional amendment. Now the request for a stay is being pursued to the U.S. Supreme Court.

The 11th Circuit ruled yesterday that it's unconstitutional for law enforcement to track cellphones without warrants, the Associated Press reports. The appeals court "determined people have an expectation of privacy in their movements and that the cell tower data was part of that. As such, obtaining the records without a search warrant is a violation of the Fourth Amendment's ban on unreasonable searches and seizures, the judges ruled," according to the AP.

It's the first ruling of the kind in the country.