11th Circuit Case Commentaries

Affirmation of Qualified Immunity Based on Probable Cause: Da v. d CASE

Date: Jan 30, 2009

Affirmation of Qualified Immunity Based on Probable Cause: Da v. d CASE Introduction The case of David CASE, Associated Investigators, Inc. v. Donald ESLINGER represents a significant examination of...

Implied Nonexclusive Licenses in Copyright Infringement: Wilchcombe v. TeeVee Toons

Date: Jan 22, 2009

Implied Nonexclusive Licenses in Copyright Infringement: Wilchcombe v. TeeVee Toons Introduction Wilchcombe v. TeeVee Toons, Inc., adjudicated by the United States Court of Appeals for the Eleventh...

Upholding Voter ID Requirements: Georgia's Photo Identification Law Affirmed

Date: Jan 15, 2009

Upholding Voter ID Requirements: Georgia's Photo Identification Law Affirmed Introduction In the landmark case Common Cause/Georgia et al. v. Ms. Evon Billups et al., the United States Court of...

Experian's Compliance with the Fair Credit Reporting Act in Closing Accounts Affirmed by 11th Circuit

Date: Jan 13, 2009

Experian's Compliance with the Fair Credit Reporting Act in Closing Accounts Affirmed by 11th Circuit Introduction The case of Stephen G. Levine v. World Financial Network National Bank et al. (554...

Heightened Scienter Standard in Securities Fraud Litigation: Insights from Rosenberg v. Witness Systems

Date: Jan 10, 2009

Heightened Scienter Standard in Securities Fraud Litigation: Insights from Rosenberg v. Witness Systems Introduction In the landmark case of Ruth Rosenberg, Individually and on Behalf of All Others...

Hemispherx Biopharma v. Johannesburg Consolidated Investments: Clarifying Section 13(d)(3) Beneficial Ownership and Service of Process Requirements

Date: Dec 30, 2008

Hemispherx Biopharma v. Johannesburg Consolidated Investments: Clarifying Section 13(d)(3) Beneficial Ownership and Service of Process Requirements Introduction The case of Hemispherx Biopharma, Inc....

Revisiting FLSA Executive Exemption and Collective Action Standards: Morgan & Richardson v. Family Dollar Stores Decision

Date: Dec 23, 2008

Revisiting FLSA Executive Exemption and Collective Action Standards: Morgan & Richardson v. Family Dollar Stores Decision Introduction In Morgan, Richardson, on behalf of themselves and all others...

Affirmation of Corporate Liability Under the Alien Tort Statute and Torture Victim Protection Act: Insights from Drummond v. SINTRAMIENERGETICA

Date: Dec 23, 2008

Affirmation of Corporate Liability Under the Alien Tort Statute and Torture Victim Protection Act: Insights from Drummond v. SINTRAMIENERGETICA Introduction The case of Juan Aquas ROMERO et al. v....

Reaffirming State Court Primacy in State Law Defamation Actions Involving Federal Law Allegations: Adventure Outdoors v. Bloomberg

Date: Dec 20, 2008

Reaffirming State Court Primacy in State Law Defamation Actions Involving Federal Law Allegations: Adventure Outdoors v. Bloomberg Introduction Adventure Outdoors, Inc., a Georgia Corporation,...

Eleventh Circuit Revisits Qualified Immunity in Excessive Force: Galvez v. Bruce

Date: Dec 19, 2008

Eleventh Circuit Revisits Qualified Immunity in Excessive Force: Galvez v. Bruce Introduction In the landmark case of Adolfo Galvez v. Henry Bruce, adjudicated by the United States Court of Appeals...

Affirmation of Dismissal Standards for In Forma Pauperis Complaints under 28 U.S.C. §1915(e)(2)(B)(ii) in Trupei v. United States

Date: Dec 19, 2008

Affirmation of Dismissal Standards for In Forma Pauperis Complaints under 28 U.S.C. §1915(e)(2)(B)(ii) in Trupei v. United States Introduction The case of Michael Trupei v. United States of America...

Limitations on Pro Se Representation in Civil Litigation: The Whitehurst v. Wal-Mart Case

Date: Dec 16, 2008

Limitations on Pro Se Representation in Civil Litigation: The Whitehurst v. Wal-Mart Case Introduction The case of Alicia Whitehurst and Darryl M. Whitehurst, Jr. v. Wal-Mart, Store No: #1083...

Clarification on Sentencing Enhancements for Prior "Crimes of Violence" under 8 U.S.C. § 1326(b)(1)(A)(ii)

Date: Dec 13, 2008

Clarification on Sentencing Enhancements for Prior "Crimes of Violence" under 8 U.S.C. § 1326(b)(1)(A)(ii) Introduction The case UNITED STATES of America v. Anna Gonzalez (550 F.3d 1319) adjudicated...

Safeguarding FLSA Opt-In Class Actions: A Comprehensive Analysis of Longcrier v. HL-A Co.

Date: Dec 11, 2008

Safeguarding FLSA Opt-In Class Actions: A Comprehensive Analysis of Longcrier v. HL-A Co. Introduction In Longcrier v. HL-A Co., Inc., the United States District Court for the Southern District of...

Affirming Constitutional Validity of Industry Assessments: A Comprehensive Analysis of Swisher International, Inc. v. Secretary of Agriculture

Date: Dec 4, 2008

Affirming Constitutional Validity of Industry Assessments: A Comprehensive Analysis of Swisher International, Inc. v. Secretary of Agriculture Introduction The case of Swisher International, Inc. v....

Eleventh Circuit Establishes Clear Jurisdiction for Appeals from Final Dismissals Resulting from Case-Dispositive Interlocutory Orders

Date: Nov 29, 2008

Eleventh Circuit Establishes Clear Jurisdiction for Appeals from Final Dismissals Resulting from Case-Dispositive Interlocutory Orders Introduction In the appellate decision OFS Fitel, LLC, OFS...

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