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11th Circuit Case Commentaries

Affirmation of Summary Judgment in FCRA §1681e(b) Claims: Ray v. Equifax and MBNA

Affirmation of Summary Judgment in FCRA §1681e(b) Claims: Ray v. Equifax and MBNA

Date: Apr 14, 2009
Affirmation of Summary Judgment in FCRA §1681e(b) Claims: Ray v. Equifax and MBNA Introduction The case of Michael R. Ray vs. Equifax Information Services, LLC and MBNA America Bank, N.A. centers...
Affirmation of Denial of §3582(c)(2) Motion Under Amendment 706: Analyzing Rights and Sentencing Guidelines

Affirmation of Denial of §3582(c)(2) Motion Under Amendment 706: Analyzing Rights and Sentencing Guidelines

Date: Apr 14, 2009
Affirmation of Denial of §3582(c)(2) Motion Under Amendment 706: Analyzing Rights and Sentencing Guidelines Introduction The case of United States of America v. Andrew Webb, 565 F.3d 789 (11th Cir....
Eleventh Circuit Upholds FCRA's Statutory Damages Provision Against Vagueness and Excessiveness Claims

Eleventh Circuit Upholds FCRA's Statutory Damages Provision Against Vagueness and Excessiveness Claims

Date: Apr 10, 2009
Eleventh Circuit Upholds FCRA's Statutory Damages Provision Against Vagueness and Excessiveness Claims Introduction In the landmark case of Harris v. Mexican Specialty Foods, Inc., the United States...
Non-Jurisdictional Nature of Filing Deadlines under Federal Rule of Appellate Procedure 4(b) in Criminal Cases: Analysis of Lopez v. United States

Non-Jurisdictional Nature of Filing Deadlines under Federal Rule of Appellate Procedure 4(b) in Criminal Cases: Analysis of Lopez v. United States

Date: Apr 9, 2009
Non-Jurisdictional Nature of Filing Deadlines under Federal Rule of Appellate Procedure 4(b) in Criminal Cases: Analysis of Lopez v. United States Introduction In United States v. Lopez, 562 F.3d...
Enhanced Scrutiny in Class Action Certification: Insights from Vega v. T-Mobile USA, Inc.

Enhanced Scrutiny in Class Action Certification: Insights from Vega v. T-Mobile USA, Inc.

Date: Apr 8, 2009
Enhanced Scrutiny in Class Action Certification: Insights from Vega v. T-Mobile USA, Inc. Introduction The case of Henry Vega, individually and as representative of all others similarly situated v....
Affirmation of Marijuana Conspiracy Conviction in Jiminez v. United States: Legal Reasoning and Implications

Affirmation of Marijuana Conspiracy Conviction in Jiminez v. United States: Legal Reasoning and Implications

Date: Apr 8, 2009
Affirmation of Marijuana Conspiracy Conviction in Jiminez v. United States: Legal Reasoning and Implications Introduction In the case of United States of America v. Jesus Jiminez, decided by the...
Res Judicata Upholds State Court Decisions in Jefferson County Retirement System Litigation

Res Judicata Upholds State Court Decisions in Jefferson County Retirement System Litigation

Date: Apr 1, 2009
Res Judicata Upholds State Court Decisions in Jefferson County Retirement System Litigation Introduction The case of Steven Green et al. v. Jefferson County Commission et al. (563 F.3d 1243, United...
Expansion of Personal Jurisdiction in Civil Conspiracy Cases: AXA Equitable Life Insurance Co. v. Infinity Financial Group, LLC

Expansion of Personal Jurisdiction in Civil Conspiracy Cases: AXA Equitable Life Insurance Co. v. Infinity Financial Group, LLC

Date: Apr 1, 2009
Expansion of Personal Jurisdiction in Civil Conspiracy Cases: Insights from AXA Equitable Life Insurance Co. v. Infinity Financial Group, LLC Introduction The case of AXA Equitable Life Insurance...
Freemanville Water System v. Poarch Band of Creek Indians: Upholding Tribal Sovereign Immunity

Freemanville Water System v. Poarch Band of Creek Indians: Upholding Tribal Sovereign Immunity

Date: Mar 31, 2009
Freemanville Water System v. Poarch Band of Creek Indians: Upholding Tribal Sovereign Immunity Introduction The case of Freemanville Water System, Inc. v. Poarch Band of Creek Indians addresses the...
Timeliness of Third-Party Petitions in Criminal Forfeiture: United States v. Marion Establishes Critical Precedent

Timeliness of Third-Party Petitions in Criminal Forfeiture: United States v. Marion Establishes Critical Precedent

Date: Mar 27, 2009
Timeliness of Third-Party Petitions in Criminal Forfeiture: United States v. Marion Establishes Critical Precedent Introduction The case of United States of America v. Isaac L. Marion, Jr.,...
Eleventh Circuit Affirms Money Laundering and Conspiracy Convictions, Clarifies Forfeiture Standards under 18 U.S.C. § 1956

Eleventh Circuit Affirms Money Laundering and Conspiracy Convictions, Clarifies Forfeiture Standards under 18 U.S.C. § 1956

Date: Mar 27, 2009
Eleventh Circuit Affirms Money Laundering and Conspiracy Convictions, Clarifies Forfeiture Standards under 18 U.S.C. § 1956 Introduction In the landmark case of United States of America v. Toros...
Harmless Speedy Trial Clause Violations under the Interstate Agreement on Detainers Act: The United States v. Knight Decision

Harmless Speedy Trial Clause Violations under the Interstate Agreement on Detainers Act: The United States v. Knight Decision

Date: Mar 26, 2009
Harmless Speedy Trial Clause Violations under the Interstate Agreement on Detainers Act: The United States v. Knight Decision Introduction United States v. Robert Knight is a pivotal case adjudicated...
Waiver of Charging Defects and Admissibility of Prior Acts under Rule 404(b) in United States v. Brannan

Waiver of Charging Defects and Admissibility of Prior Acts under Rule 404(b) in United States v. Brannan

Date: Mar 24, 2009
Waiver of Charging Defects and Admissibility of Prior Acts under Rule 404(b) in United States v. Brannan Introduction In the landmark case of United States of America v. Walter E. Brannan, 562 F.3d...
Affirmation of Tax Fraud Convictions: Application of Sophisticated Means Enhancement in the Eleventh Circuit

Affirmation of Tax Fraud Convictions: Application of Sophisticated Means Enhancement in the Eleventh Circuit

Date: Mar 21, 2009
Affirmation of Tax Fraud Convictions: Application of Sophisticated Means Enhancement in the Eleventh Circuit Introduction The case of United States of America v. Gregory Louis Clarke delves into the...
Affirmation of Default Judgment and Sanctions for Unauthorized Monitoring of Privileged Communications

Affirmation of Default Judgment and Sanctions for Unauthorized Monitoring of Privileged Communications

Date: Mar 13, 2009
Affirmation of Default Judgment and Sanctions for Unauthorized Monitoring of Privileged Communications Introduction The case of Eagle Hospital Physicians, LLC v. SRG Consulting, Inc., Hospitalist...
Qualified Immunity and Municipal Liability in Police Use of Force: Lewis v. City of West Palm Beach

Qualified Immunity and Municipal Liability in Police Use of Force: Lewis v. City of West Palm Beach

Date: Mar 12, 2009
Qualified Immunity and Municipal Liability in Police Use of Force: Lewis v. City of West Palm Beach Introduction Lewis v. City of West Palm Beach is a significant appellate case decided by the United...
Singh v. U.S. Attorney General: Affirming Juvenile Convictions in Immigration Law and Res Judicata in Removal Proceedings

Singh v. U.S. Attorney General: Affirming Juvenile Convictions in Immigration Law and Res Judicata in Removal Proceedings

Date: Mar 11, 2009
Singh v. U.S. Attorney General: Affirming Juvenile Convictions in Immigration Law and Res Judicata in Removal Proceedings Introduction Singh v. U.S. Attorney General (561 F.3d 1275) is a pivotal case...
Necessity of Timely and Adequate Disclosure of Expert Testimony: Mitchell v. Ford Motor Company

Necessity of Timely and Adequate Disclosure of Expert Testimony: Mitchell v. Ford Motor Company

Date: Mar 10, 2009
Necessity of Timely and Adequate Disclosure of Expert Testimony: Mitchell v. Ford Motor Company Introduction The case of Ernestine Mitchell and Otis Mitchell versus Ford Motor Company and other...
Affirmation of SORNA's Constitutionality in United States v. Ambert

Affirmation of SORNA's Constitutionality in United States v. Ambert

Date: Mar 7, 2009
Affirmation of SORNA's Constitutionality in United States v. Ambert Introduction In the landmark case United States v. Gene Felix Ambert, the United States Court of Appeals for the Eleventh Circuit...
Maximizing Sentential Discretion: Upholding Statutory Maximum in Recidivist Cases

Maximizing Sentential Discretion: Upholding Statutory Maximum in Recidivist Cases

Date: Mar 4, 2009
Maximizing Sentential Discretion: Upholding Statutory Maximum in Recidivist Cases Introduction In the landmark case of United States of America v. Robert Shaw, 560 F.3d 1230 (11th Cir. 2009), the...
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