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  • Commentaries
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11th Circuit Case Commentaries

Affirmation of Qualified Immunity in Fourteenth Amendment Excessive Force Case: Fennell v. Gilstrap

Affirmation of Qualified Immunity in Fourteenth Amendment Excessive Force Case: Fennell v. Gilstrap

Date: Feb 28, 2009
Affirmation of Qualified Immunity in Fourteenth Amendment Excessive Force Case: Fennell v. Gilstrap Introduction The case of Reginald Scott Fennell v. James Gilstrap (559 F.3d 1212) presents a...
Affirmation of Qualified Immunity in High-Stakes Police Use of Deadly Force: McCullough v. Antolini & DeLeon

Affirmation of Qualified Immunity in High-Stakes Police Use of Deadly Force: McCullough v. Antolini & DeLeon

Date: Feb 27, 2009
Affirmation of Qualified Immunity in High-Stakes Police Use of Deadly Force: McCullough v. Antolini & DeLeon Introduction The case of Pearlie McCullough v. Deputies Antolini and DeLeon is a...
Eleventh Circuit Reverses Qualified Immunity in Amnesty International v. Battle and Cannon

Eleventh Circuit Reverses Qualified Immunity in Amnesty International v. Battle and Cannon

Date: Feb 24, 2009
Eleventh Circuit Reverses Qualified Immunity in Amnesty International v. Battle and Cannon Introduction In the case of Amnesty International, USA, Plaintiff-Appellant v. Louis Battle and Thomas...
Affirmation of Regulatory Discretion in Limousine Definitions: Leib v. Hillsborough County Public Transportation Commission

Affirmation of Regulatory Discretion in Limousine Definitions: Leib v. Hillsborough County Public Transportation Commission

Date: Feb 20, 2009
Affirmation of Regulatory Discretion in Limousine Definitions: Leib v. Hillsborough County Public Transportation Commission Introduction In the case of Moshe Leib v. Hillsborough County Public...
Eleventh Circuit Clarifies Rooker-Feldman Doctrine: State Proceedings Must Be Concluded Before Federal Review

Eleventh Circuit Clarifies Rooker-Feldman Doctrine: State Proceedings Must Be Concluded Before Federal Review

Date: Feb 19, 2009
Eleventh Circuit Clarifies Rooker-Feldman Doctrine: State Proceedings Must Be Concluded Before Federal Review Introduction In the case of Jeanette C. Nicholson, Ph.D., an individual v. Dual, Career...
Limits on Personal Jurisdiction Under Federal Rule 4(k)(2): Oldfield v. Pueblo de Bahia Lora

Limits on Personal Jurisdiction Under Federal Rule 4(k)(2): Oldfield v. Pueblo de Bahia Lora

Date: Feb 13, 2009
Limits on Personal Jurisdiction Under Federal Rule 4(k)(2): Oldfield v. Pueblo de Bahia Lora Introduction The case of Richard Oldfield v. Pueblo de Bahia Lora, S.A. addresses critical issues...
Eleventh Circuit Upholds District Court’s Discretion to Decline Untimely Arguments in Federal Habeas Petitions

Eleventh Circuit Upholds District Court’s Discretion to Decline Untimely Arguments in Federal Habeas Petitions

Date: Feb 11, 2009
Eleventh Circuit Upholds District Court’s Discretion to Decline Untimely Arguments in Federal Habeas Petitions Introduction The case of Steadroy Williams v. Walter A. McNeil addressed a procedural...
Establishing Personal Jurisdiction in Online Defamation: Insights from Internet Solutions Corp. v. Tabatha Marshall

Establishing Personal Jurisdiction in Online Defamation: Insights from Internet Solutions Corp. v. Tabatha Marshall

Date: Feb 11, 2009
Establishing Personal Jurisdiction in Online Defamation: Insights from Internet Solutions Corporation v. Tabatha Marshall Introduction The case of Internet Solutions Corporation (ISC) v. Tabatha...
Tompkins v. Secretary, Department of Corrections: Clarifying Successive Habeas Corpus Petitions Under 28 U.S.C. § 2244

Tompkins v. Secretary, Department of Corrections: Clarifying Successive Habeas Corpus Petitions Under 28 U.S.C. § 2244

Date: Feb 10, 2009
Tompkins v. Secretary, Department of Corrections: Clarifying Successive Habeas Corpus Petitions Under 28 U.S.C. § 2244 Introduction Wayne Tompkins, the petitioner-appellant, is a death row inmate in...
Certificate of Appealability Standards in Meier Jason Brown v. United States of America

Certificate of Appealability Standards in Meier Jason Brown v. United States of America

Date: Feb 10, 2009
Certificate of Appealability Standards in Meier Jason Brown v. United States of America Introduction The case of Meier Jason Brown v. United States of America involves Brown's conviction for the...
Crenshaw v. Lister: Appellate Court Establishes Standards for Qualified Immunity in Excessive Force Claims

Crenshaw v. Lister: Appellate Court Establishes Standards for Qualified Immunity in Excessive Force Claims

Date: Feb 7, 2009
Disclaimer: The following commentary is intended for informational and educational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. Crenshaw...
Eleventh Circuit Clarifies Standing and First Amendment Limitations in School Library Book Removal: ACLU v. Miami-Dade County School Board

Eleventh Circuit Clarifies Standing and First Amendment Limitations in School Library Book Removal: ACLU v. Miami-Dade County School Board

Date: Feb 6, 2009
Eleventh Circuit Clarifies Standing and First Amendment Limitations in School Library Book Removal: ACLU v. Miami-Dade County School Board Introduction In American Civil Liberties Union of Florida,...
Eleventh Circuit Establishes Corporate Vicarious Liability Based on Scope of Employment in Theft Case, Limits Personal Jurisdiction Over Foreign Defendants

Eleventh Circuit Establishes Corporate Vicarious Liability Based on Scope of Employment in Theft Case, Limits Personal Jurisdiction Over Foreign Defendants

Date: Feb 6, 2009
Eleventh Circuit Establishes Corporate Vicarious Liability Based on Scope of Employment in Theft Case, Limits Personal Jurisdiction Over Foreign Defendants Introduction In the case of United...
Eleventh Circuit Establishes Sovereign Immunity Waiver for False Arrest, False Imprisonment, and Malicious Prosecution under FTCA

Eleventh Circuit Establishes Sovereign Immunity Waiver for False Arrest, False Imprisonment, and Malicious Prosecution under FTCA

Date: Feb 5, 2009
Eleventh Circuit Establishes Sovereign Immunity Waiver for False Arrest, False Imprisonment, and Malicious Prosecution under Federal Tort Claims Act Introduction In the landmark case of Nguyen v....
Interpretation of 'Costs' in Cost-Plus Contracts and the Admissibility of Business Records: Equity Lifestyle Properties v. Florida Mowing Landscape Service

Interpretation of 'Costs' in Cost-Plus Contracts and the Admissibility of Business Records: Equity Lifestyle Properties v. Florida Mowing Landscape Service

Date: Feb 5, 2009
Interpretation of 'Costs' in Cost-Plus Contracts and the Admissibility of Business Records: Equity Lifestyle Properties v. Florida Mowing Landscape Service Introduction The case Equity Lifestyle...
Identity-Related Evidence and the Exclusionary Rule: Insights from Farias-Gonzalez v. United States

Identity-Related Evidence and the Exclusionary Rule: Insights from Farias-Gonzalez v. United States

Date: Feb 4, 2009
Identity-Related Evidence and the Exclusionary Rule: Insights from Farias-Gonzalez v. United States Introduction The case of United States of America v. Jose Farias-Gonzalez (556 F.3d 1181) serves as...
Eleventh Circuit Reaffirms Sentencing Limits under 18 U.S.C. §3582(c)(2) Amidst Booker and Kimbrough

Eleventh Circuit Reaffirms Sentencing Limits under 18 U.S.C. §3582(c)(2) Amidst Booker and Kimbrough

Date: Feb 4, 2009
Eleventh Circuit Reaffirms Sentencing Limits under 18 U.S.C. §3582(c)(2) Amidst Booker and Kimbrough Introduction The case of United States of America v. Edward Melvin (556 F.3d 1190) addresses...
Strengthening Evidence Integrity and Expert Credibility in Strict Products Liability: Maldonado v. Baja Marine

Strengthening Evidence Integrity and Expert Credibility in Strict Products Liability: Maldonado v. Baja Marine

Date: Feb 3, 2009
Strengthening Evidence Integrity and Expert Credibility in Strict Products Liability: Maldonado v. Baja Marine Introduction The case of Peter Graff, as Administrator of the Estate of Michael K....
Corporations as Beneficiaries of Pay-on-Death Accounts: The Belanger v. The Salvation Army Decision

Corporations as Beneficiaries of Pay-on-Death Accounts: The Belanger v. The Salvation Army Decision

Date: Feb 3, 2009
Corporations as Beneficiaries of Pay-on-Death Accounts: The Belanger v. The Salvation Army Decision Introduction The case of Richard Jason Belanger, as Personal Representative of the Estate of...
Overruling Brown: Expanding the Scope of Mail Fraud to Include Schemes Targeting the Gullible

Overruling Brown: Expanding the Scope of Mail Fraud to Include Schemes Targeting the Gullible

Date: Feb 3, 2009
Overruling Brown: Expanding the Scope of Mail Fraud to Include Schemes Targeting the Gullible Introduction In United States of America v. David W. Svete and Ron Girardot (556 F.3d 1157, 11th Cir....
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