11th Circuit Case Commentaries

Preserving Sentencing Consistency: Vega-Castillo and the Upholding of Fast-Track Precedents

Date: Aug 20, 2008

Preserving Sentencing Consistency: Vega-Castillo and the Upholding of Fast-Track Precedents Introduction The case of United States of America v. Victor Gonzalo Vega-Castillo, 540 F.3d 1235 (11th Cir....

Limits of Equitable Tolling: Attorney Negligence Insufficient in Habeas Corpus Petitions – Holland v. Florida

Date: Aug 19, 2008

Limits of Equitable Tolling: Attorney Negligence Insufficient in Habeas Corpus Petitions – Holland v. Florida Introduction Albert Holland, Jr. v. State of Florida, 539 F.3d 1334 (11th Cir. 2008), is...

Postconfirmation Assets in Chapter 13 Bankruptcy: Upholding Estate Property and Disclosure Requirements

Date: Aug 5, 2008

Postconfirmation Assets in Chapter 13 Bankruptcy: Upholding Estate Property and Disclosure Requirements Introduction The case of In re: Michael WALDRON, Barbara A. Waldron, Debtors versus Sylvia Ford...

Freeman v. Attorney General: Upholding the Presumption Against Racial Bias in Death Penalty Sentencing

Date: Aug 1, 2008

Freeman v. Attorney General: Upholding the Presumption Against Racial Bias in Death Penalty Sentencing Introduction In the landmark case John D. Freeman v. Attorney General, decided by the United...

Reclassification of ERISA Claims: Benefits Versus Damages in Breach of Fiduciary Duty

Date: Aug 1, 2008

Reclassification of ERISA Claims: Benefits Versus Damages in Breach of Fiduciary Duty Introduction The case Raymond A. Lanfear et al. v. Home Depot, Inc. et al. (536 F.3d 1217) adjudicated by the...

Exigent Circumstances and Warrantless Searches in Civil Forfeiture: Braddy v. United States

Date: Aug 1, 2008

Exigent Circumstances and Warrantless Searches in Civil Forfeiture: Braddy v. United States Introduction Braddy v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Eleventh Circuit Clarifies Retaliation and Discrimination Standards under Title VII and §1981 in Al v. Butler

Date: Jul 31, 2008

Eleventh Circuit Clarifies Retaliation and Discrimination Standards under Title VII and §1981 in Al v. Butler Introduction In the landmark case Alverene D. Butler v. Alabama Department of...

Last-Served Defendant Rule Affirmed in Bailey v. Janssen Pharmaceutics Inc.

Date: Jul 30, 2008

Last-Served Defendant Rule Affirmed in Bailey v. Janssen Pharmaceutics Inc. Introduction The case of Lori Jo Bailey, as the Personal Representative of the Estate of Chad Beal v. Janssen Pharmaceutics...

Affirmative Defense Clarification under the Prison Litigation Reform Act: Douglas v. Yates

Date: Jul 29, 2008

Affirmative Defense Clarification under the Prison Litigation Reform Act: Douglas v. Yates Introduction The case of Lawrence W. Douglas v. Yates et al. adjudicated by the United States Court of...

Enhancing Fraud Pleading Standards: An Analysis of West Coast Roofing v. Firestone and Associates

Date: Jul 25, 2008

Enhancing Fraud Pleading Standards: An Analysis of West Coast Roofing v. Firestone and Associates Introduction In the landmark case of West Coast Roofing Waterproofing, Inc. v. Johns Manville, Inc.,...

Eleventh Circuit Upholds Qualified Immunity in Custodial Death Case

Date: Jul 11, 2008

Eleventh Circuit Upholds Qualified Immunity in Custodial Death Case Analysis of Burnette v. Taylor (533 F.3d 1325, 2008) Introduction In the case of John Burnette v. Milton Shane Taylor et al., the...

Weighting Treating Physicians' Opinions and Evaluating Subjective Symptoms in SSA Disability Cases: Davis v. Astrue

Date: Jul 10, 2008

Weighting Treating Physicians' Opinions and Evaluating Subjective Symptoms in SSA Disability Cases: Davis v. Astrue Introduction In the landmark case of Wendy A. Davis v. Michael J. Astrue,...

Eleventh Circuit Refines Application of Fair Use and Laches in Copyright Infringement Cases

Date: Jul 9, 2008

Eleventh Circuit Refines Application of Fair Use and Laches in Copyright Infringement Cases Introduction PETER LETTERESE AND ASSOCIATES, INC., a Florida corporation, filed a lawsuit against multiple...

Strict Adherence to Bankruptcy Rule 9011's Two-Step Process for Sanctions Motions Affirmed by Eleventh Circuit

Date: Jul 8, 2008

Strict Adherence to Bankruptcy Rule 9011's Two-Step Process for Sanctions Motions Affirmed by Eleventh Circuit Introduction The case of In re: James F. Walker addresses critical procedural...

Eleventh Circuit Affirms Limits on Inmate Speech and Denies Retaliation Claims under 42 U.S.C §1983 in Smith v. Mosley

Date: Jul 4, 2008

Eleventh Circuit Affirms Limits on Inmate Speech and Denies Retaliation Claims under 42 U.S.C §1983 in Smith v. Mosley Introduction The case of LeRoy Smith v. Gwendolyn Mosley, Kenneth Jones, Kenneth...

Procedural Default and the Limits of Habeas Corpus: Insights from Mize v. Hall

Date: Jul 3, 2008

Procedural Default and the Limits of Habeas Corpus: Insights from Mize v. Hall Introduction Mize v. Hall, 532 F.3d 1184 (11th Cir. 2008), is a pivotal appellate decision that delves into the...

Constructive Possession and Firearm Liability in 11th Circuit: United States v. Woodard

Date: Jun 28, 2008

Constructive Possession and Firearm Liability in 11th Circuit: United States v. Woodard Introduction In the landmark case United States of America v. Terry Dvaughn Woodard, decided on June 27, 2008,...

Archer v. United States: Concealed Weapon Carrying Reclassified as Non-Violent under Sentencing Guidelines

Date: Jun 27, 2008

Archer v. United States: Concealed Weapon Carrying Reclassified as Non-Violent under Sentencing Guidelines Introduction Archer v. United States is a pivotal judgment delivered by the United States...

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies Under the PLRA: Insights from Bryant and Priester Cases

Date: Jun 21, 2008

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies Under the PLRA: Insights from Bryant and Priester Cases Introduction The cases of Gregory B. Bryant and Andrew Priester...

Eleventh Circuit Affirms Dismissal of §1983 Claims in Hernandez v. Florida Department of Corrections

Date: Jun 10, 2008

Eleventh Circuit Affirms Dismissal of §1983 Claims in Hernandez v. Florida Department of Corrections Introduction In Hernandez v. Florida Department of Corrections, 281 F. App'x 862 (11th Cir. 2008),...

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