11th Circuit Opinions

USA v. Alsenat - Second Amendment Does Not Protect Machinegun Possession

The Eleventh Circuit affirmed the conviction of Maxon Alsenat for possession of a machinegun conversion device under 18 U.S.C. § 922(o)(1), rejecting his Second Amendment challenge. The court held that machineguns are not protected weapons under the Second Amendment because they are not 'in common use for lawful purposes' and are 'dangerous and unusual.' Alsenat had been sentenced to 24 months imprisonment and three years supervised release after pleading guilty.

Sorenson v. Delta Air Lines - USERRA Claims Affirmed

Two former Delta pilots (McLean and Doyle) sued alleging violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA). The 11th Circuit affirmed the district court's grant of summary judgment to Delta on all three claims: constructive termination based on military service, inadequate pension contributions during military leave, and denial of vacation accrual during military leave. Delta was found to have legitimate, nondiscriminatory reasons for the forced resignations based on documented abuse of sick-leave and military-leave benefits.

Byron Chemaly v. Eddie Lampert - Arbitrability of Seaman Injury Claims

The Eleventh Circuit reviewed whether a district court properly compelled arbitration of a seaman's Jones Act negligence, unseaworthiness, maintenance and cure, and failure to treat claims under the New York Convention. The court applied de novo review and examined the four prerequisites for compelling arbitration: a written agreement, arbitration in a signatory territory, a commercial legal relationship, and either a non-American party or foreign state connection. The appellate court affirmed the portion of the order compelling arbitration while declining jurisdiction over the remanded state court claims. This ruling clarifies the procedural framework for enforcing foreign arbitration clauses in maritime employment disputes.