Legal Opinion

In re Bouchard Transportation Co. v. Florida Department of Environmental Protection

Court of Appeals for the Eleventh Circuit

Decided August 20, 1996No. 95-2192PublishedCited by 41 opinions

1Per curiam

The Florida Department of Environmental Protection (“DEP”) appeals the district court’s order overruling its objection to court-ordered mediation with the vessel owners who filed these consolidated limitation actions. The district court either declined to rule or deferred ruling on various motions in which DEP argued it was entitled to Eleventh Amendment immunity, and ordered DEP to mediate. We conclude that the district court erred in ordering DEP to mediate without first addressing the Eleventh Amendment issue.

*1447I. Background

On August 10, 1995, two tug-barge flotillas and a freighter were…

2Cases cited10 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982

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3Cited by41 opinions

  1. Isaiah Jordan v. Tommy MosleyCourt of Appeals for the Eleventh Circuit · 2007
  2. Sherry Ross v. Jefferson County Department of HealthCourt of Appeals for the Eleventh Circuit · 2012
  3. In Re Atlantic Pipe Corp.Court of Appeals for the First Circuit · 2002
  4. Sullivan v. BarnettCourt of Appeals for the Third Circuit · 1998
  5. Jeffrey Paul Howe v. City of EnterpriseCourt of Appeals for the Eleventh Circuit · 2017

36 more not listed; retrieve them via the Exa API.

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