11th Circuit Case Commentaries

Remand Highlights Importance of Comprehensive Preemption Analysis under 49 U.S.C. § 14501(c)

Date: Apr 30, 2008

Remand Highlights Importance of Comprehensive Preemption Analysis under 49 U.S.C. § 14501(c) Introduction The case of Van Allen Taylor and Lyman Agency, Inc. v. State of Alabama addresses the complex...

Proper Consideration of Section 5K1.1 Departures in Sentencing Post-Gall: An Analysis of United States v. Livesay

Date: Apr 24, 2008

Proper Consideration of Section 5K1.1 Departures in Sentencing Post-Gall: An Analysis of United States v. Livesay Introduction The case of United States v. Kenneth K. Livesay (525 F.3d 1081) serves...

Eleventh Circuit Holds Hotel Manager Negligent for False Statements to Law Enforcement Leading to Excessive Force

Date: Apr 24, 2008

Eleventh Circuit Holds Hotel Manager Negligent for False Statements to Law Enforcement Leading to Excessive Force Introduction In the case of Alex Zivojinovich et al. v. Justin Zi v. Ritz-Carlton...

Webb-Edwards v. Orange County Sheriff's Office: Affirmation of Summary Judgment on Sexual Harassment and Gender Discrimination Claims

Date: Apr 23, 2008

Webb-Edwards v. Orange County Sheriff's Office: Affirmation of Summary Judgment on Sexual Harassment and Gender Discrimination Claims Introduction In the case of Elaine Webb-Edwards v. Orange County...

Eleventh Circuit Sets Precedent for Recognizing Political Persecution in Asylum Cases: Santamaria v. U.S. Attorney General

Date: Apr 23, 2008

Eleventh Circuit Sets Precedent for Recognizing Political Persecution in Asylum Cases: Santamaria v. U.S. Attorney General Introduction Santamaria v. U.S. Attorney General (525 F.3d 999) is a...

Judicial Overreach in Sentencing: Velasquez v. United States

Date: Apr 22, 2008

Judicial Overreach in Sentencing: Velasquez v. United States Introduction United States of America v. Wilber Guillermo Velasquez Velasquez is a pivotal case adjudicated by the United States Court of...

Eleventh Circuit Establishes Non-Requirement for Early Production of Medical Reports in ERISA Disability Claims

Date: Apr 22, 2008

Eleventh Circuit Establishes Non-Requirement for Early Production of Medical Reports in ERISA Disability Claims Introduction The case of Priscilla Glazer v. Reliance Standard Life Insurance Company...

Mediation Distinguished from Arbitration Under the Federal Arbitration Act: Advanced Bodycare Solutions, LLC v. Thione International, Inc.

Date: Apr 22, 2008

Mediation Distinguished from Arbitration Under the Federal Arbitration Act: Advanced Bodycare Solutions, LLC v. Thione International, Inc. Introduction Advanced Bodycare Solutions, LLC v. Thione...

Standing and Qui Tam Actions under the Medicare Secondary Payer Act: Insights from Stalley v. Orlando Regional Healthcare System

Date: Apr 19, 2008

Standing and Qui Tam Actions under the Medicare Secondary Payer Act: Insights from Stalley v. Orlando Regional Healthcare System Introduction Stalley v. Orlando Regional Healthcare System, Inc. is a...

Eleventh Circuit Affirms Untimely §2254 Petition in Howard Alexander, Sr. v. Florida Department of Corrections

Date: Apr 9, 2008

Eleventh Circuit Affirms Untimely §2254 Petition in Howard Alexander, Sr. v. Florida Department of Corrections Introduction The case of Howard ALEXANDER, Sr. v. Secretary, Department of Corrections,...

Comprehensive Commentary on North American Medical Corporation v. Axiom Worldwide: Establishing New Precedents in Trademark Infringement and False Advertising

Date: Apr 8, 2008

Comprehensive Commentary on North American Medical Corporation v. Axiom Worldwide: Establishing New Precedents in Trademark Infringement and False Advertising Introduction The case of North American...

Intent to Defraud: Admissibility of Prior Misconduct Under Federal Rule of Evidence 404(b) – United States v. Ellisor

Date: Apr 8, 2008

Intent to Defraud: Admissibility of Prior Misconduct Under Federal Rule of Evidence 404(b) – United States v. Ellisor Introduction The case of United States of America v. David Lee Ellisor serves as...

Comprehensive Commentary on Angel Flight of Georgia, Inc. v. Angel Flight America, Inc.

Date: Apr 5, 2008

Protecting Common Law Trademark Rights: Angel Flight of Georgia, Inc. v. Angel Flight America, Inc. Introduction The case Angel Flight of Georgia, Inc. v. Angel Flight America, Inc. (522 F.3d 1200)...

Preemption and Voter Registration: Insights from Florida NAACP v. Browning

Date: Apr 4, 2008

Preemption and Voter Registration: Insights from Florida NAACP v. Browning Introduction In the landmark case Florida State Conference of the NAACP v. Browning, the United States Court of Appeals for...

Affirmation of Denial for In Forma Pauperis Motion in Bankruptcy Appeals

Date: Mar 28, 2008

Affirmation of Denial for In Forma Pauperis Motion in Bankruptcy Appeals Introduction The case of Arthur Ghee v. Retailers National Bank, Target Visa addresses critical issues surrounding the...

Equitable Tolling and Attorney Misconduct: A Comprehensive Analysis of Downs v. McNeil

Date: Mar 25, 2008

Equitable Tolling and Attorney Misconduct: A Comprehensive Analysis of Downs v. McNeil Introduction Ernest C. Downs v. Walter A. McNeil, Attorney General of Florida (520 F.3d 1311, 11th Cir. 2008) is...

Affirming Strict Article III Standing Requirements in Political Party Delegate Seating Challenges: DiMaio v. Democratic National Committee

Date: Mar 22, 2008

Affirming Strict Article III Standing Requirements in Political Party Delegate Seating Challenges: DiMaio v. Democratic National Committee Introduction In the case of Victor DiMaio v. Democratic...

Affirmation of Sentencing Discretion and Confrontation Clause Protections in Trade Secret Conspiracy Cases

Date: Mar 21, 2008

Affirmation of Sentencing Discretion and Confrontation Clause Protections in Trade Secret Conspiracy Cases Introduction The case of United States of America v. Joya Williams and Ibrahim Dimson before...

Rioux v. City of Atlanta: Affirmation of Qualified Immunity in Racial Discrimination Claims

Date: Mar 19, 2008

Rioux v. City of Atlanta: Affirmation of Qualified Immunity in Racial Discrimination Claims Introduction Rioux v. City of Atlanta, 520 F.3d 1269 (11th Cir. 2008), is a significant appellate decision...

Admissibility of Prior Lawsuits and Successor-in-Interest Liability in Contract Claims: Eleventh Circuit Upholds Summary Judgments

Date: Mar 8, 2008

Admissibility of Prior Lawsuits and Successor-in-Interest Liability in Contract Claims: Eleventh Circuit Upholds Summary Judgments Introduction The case of Gary Brown Associates, Inc. v. Ashdon, Inc....

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