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  • Commentaries
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11th Circuit Case Commentaries

Statute of Limitations and Procedural Compliance Affirmed in Shivers v. IBEW

Statute of Limitations and Procedural Compliance Affirmed in Shivers v. IBEW

Date: Jan 10, 2008
Statute of Limitations and Procedural Compliance Affirmed in Shivers v. IBEW Introduction Douglas W. Shivers, a former member of the International Brotherhood of Electrical Workers (IBEW), filed a...
Direct Evidence of Age Discrimination and Adverse Employment Action Established in Van Voorhis v. Hillsborough County

Direct Evidence of Age Discrimination and Adverse Employment Action Established in Van Voorhis v. Hillsborough County

Date: Jan 9, 2008
Direct Evidence of Age Discrimination and Adverse Employment Action Established in Van Voorhis v. Hillsborough County Introduction In Van Voorhis v. Hillsborough County Board of County Commissioners...
Affirmation of Standards for Frivolous Claims and Judicial Recusal Obligations in Davis v. Kvalheim

Affirmation of Standards for Frivolous Claims and Judicial Recusal Obligations in Davis v. Kvalheim

Date: Jan 9, 2008
Affirmation of Standards for Frivolous Claims and Judicial Recusal Obligations in Davis v. Kvalheim Introduction Case: Alan Wayne Davis, Petitioner-Appellant, v. Dwayne Kvalheim, et al.,...
Reaffirming Inmate Free Speech Rights: Confidential Attorney Mail Must Be Opened in Presence

Reaffirming Inmate Free Speech Rights: Confidential Attorney Mail Must Be Opened in Presence

Date: Jan 8, 2008
Reaffirming Inmate Free Speech Rights: Confidential Attorney Mail Must Be Opened in Presence Introduction The case of Jamil Al-Amin v. Warden Hugh Smith et al. (511 F.3d 1317) adjudicated by the...
Clarifying Reversible Error Standards in Social Security Disability Appeals: Insights from Caldwell v. Barnhart

Clarifying Reversible Error Standards in Social Security Disability Appeals: Insights from Caldwell v. Barnhart

Date: Jan 8, 2008
Clarifying Reversible Error Standards in Social Security Disability Appeals: Insights from Caldwell v. Barnhart Introduction The case of Geraldine Caldwell v. Jo Anne B. Barnhart, Commissioner of...
Eleventh Circuit Reverses Dismissal in Mills v. Foremost Insurance: Affirming Inclusion of Overhead, Profit, and Taxes in Actual Cash Value Claims and Upholding Class Action Standing

Eleventh Circuit Reverses Dismissal in Mills v. Foremost Insurance: Affirming Inclusion of Overhead, Profit, and Taxes in Actual Cash Value Claims and Upholding Class Action Standing

Date: Jan 5, 2008
Eleventh Circuit Reverses Dismissal in Mills v. Foremost Insurance: Affirming Inclusion of Overhead, Profit, and Taxes in Actual Cash Value Claims and Upholding Class Action Standing Introduction In...
Eleventh Circuit Upholds Strict Liability under 18 U.S.C. § 922(g)(1), Rejecting Temporary Innocent Possession Defense: United States v. Palma

Eleventh Circuit Upholds Strict Liability under 18 U.S.C. § 922(g)(1), Rejecting Temporary Innocent Possession Defense: United States v. Palma

Date: Jan 5, 2008
Eleventh Circuit Upholds Strict Liability under 18 U.S.C. § 922(g)(1), Rejecting Temporary Innocent Possession Defense: United States v. Palma Introduction In the landmark case of United States v....
Goebert v. Lee County: Clarifying Exhaustion of Administrative Remedies and Deliberate Indifference Standards

Goebert v. Lee County: Clarifying Exhaustion of Administrative Remedies and Deliberate Indifference Standards

Date: Dec 22, 2007
Goebert v. Lee County: Clarifying Exhaustion of Administrative Remedies and Deliberate Indifference Standards Introduction In the landmark case of Michelle Goebert v. Lee County, decided on December...
Eleventh Circuit Upholds Qualified Immunity for DFCS Supervisors in Internal Employment Retaliation Claims under the First Amendment

Eleventh Circuit Upholds Qualified Immunity for DFCS Supervisors in Internal Employment Retaliation Claims under the First Amendment

Date: Dec 22, 2007
Eleventh Circuit Upholds Qualified Immunity for DFCS Supervisors in Internal Employment Retaliation Claims under the First Amendment Introduction In the landmark case of Clarinda BOYCE, Katina...
Eleventh Circuit Affirms Standards for Excessive Force Claims in Inmate Discipline: Cockrell v. Sparks

Eleventh Circuit Affirms Standards for Excessive Force Claims in Inmate Discipline: Cockrell v. Sparks

Date: Dec 21, 2007
Eleventh Circuit Affirms Standards for Excessive Force Claims in Inmate Discipline: Cockrell v. Sparks Introduction The case of Thomas G. Cockrell v. Robert S. Sparks et al., adjudicated by the...
Affirmation of Non-Infringement: Non-Protectability of Abbreviations Under the Lanham Act

Affirmation of Non-Infringement: Non-Protectability of Abbreviations Under the Lanham Act

Date: Dec 18, 2007
Affirmation of Non-Infringement: Non-Protectability of Abbreviations Under the Lanham Act Introduction In the case of Welding Services, Inc. v. Terry Forman et al., adjudicated by the United States...
Affirmation of Non-Discriminatory Promotion Decisions Under McDonnell Douglas Framework: Springer v. Convergys

Affirmation of Non-Discriminatory Promotion Decisions Under McDonnell Douglas Framework: Springer v. Convergys

Date: Dec 15, 2007
Affirmation of Non-Discriminatory Promotion Decisions Under McDonnell Douglas Framework: Springer v. Convergys Introduction The case of Patricia Springer v. Convergys Customer Management Group Inc....
Federal Precedence in Work Product Doctrine: Insights from Milinazzo v. State Farm Insurance Company

Federal Precedence in Work Product Doctrine: Insights from Milinazzo v. State Farm Insurance Company

Date: Dec 12, 2007
Federal Precedence in Work Product Doctrine: Insights from Milinazzo v. State Farm Insurance Company Introduction In the case of Sharon Milinazzo v. State Farm Insurance Company (Case No....
Preemption of State Bad Faith Claims in National Flood Insurance Program Policies Established in Shuford v. Fidelity National Property Casualty Insurance Co.

Preemption of State Bad Faith Claims in National Flood Insurance Program Policies Established in Shuford v. Fidelity National Property Casualty Insurance Co.

Date: Dec 11, 2007
Preemption of State Bad Faith Claims in National Flood Insurance Program Policies Established in Shuford v. Fidelity National Property Casualty Insurance Co. Introduction In the landmark case of...
United States v. Straub: Affirming Criminal Contempt Despite Lack of Subject-Matter Jurisdiction

United States v. Straub: Affirming Criminal Contempt Despite Lack of Subject-Matter Jurisdiction

Date: Nov 30, 2007
United States v. Straub: Affirming Criminal Contempt Despite Lack of Subject-Matter Jurisdiction Introduction In the case of United States of America vs. Glenn F. Straub, 508 F.3d 1003 (11th Cir....
Reaffirmation of 'Likelihood of Confusion' Standard in Trademark Infringement: Custom Mfg. Eng'g v. Midway Services

Reaffirmation of 'Likelihood of Confusion' Standard in Trademark Infringement: Custom Mfg. Eng'g v. Midway Services

Date: Nov 22, 2007
Reaffirmation of 'Likelihood of Confusion' Standard in Trademark Infringement: Custom Mfg. Eng'g v. Midway Services Introduction In the landmark case of Custom Manufacturing and Engineering, Inc. v....
Eleventh Circuit Expands Standards for Eighth Amendment Protections in Prisoner Safety Cases

Eleventh Circuit Expands Standards for Eighth Amendment Protections in Prisoner Safety Cases

Date: Nov 22, 2007
Eleventh Circuit Expands Standards for Eighth Amendment Protections in Prisoner Safety Cases Introduction In the landmark case of Miguel V. Rodriguez v. Secretary for the Department of Corrections et...
Qualified Immunity in Use of Deadly Force Cases: Comprehensive Analysis of Long v. Slaton and Willis

Qualified Immunity in Use of Deadly Force Cases: Comprehensive Analysis of Long v. Slaton and Willis

Date: Nov 17, 2007
Qualified Immunity in Use of Deadly Force Cases: Comprehensive Analysis of Long v. Slaton and Willis Introduction The case of Robert R. Long and Kelly L. Long, acting as personal representatives of...
Equitable Tolling in SSI Claims: Insights from Jackson v. Astrue

Equitable Tolling in SSI Claims: Insights from Jackson v. Astrue

Date: Nov 10, 2007
Equitable Tolling in SSI Claims: Insights from Jackson v. Astrue Introduction The case of Patricia A. Jackson v. Michael J. Astrue, decided by the United States Court of Appeals for the Eleventh...
No Due Process Violation for Appearance of Judicial Partiality: Analysis of DAVIS v. JONES

No Due Process Violation for Appearance of Judicial Partiality: Analysis of DAVIS v. JONES

Date: Nov 9, 2007
No Due Process Violation for Appearance of Judicial Partiality: Analysis of DAVIS v. JONES Introduction Timothy Davis v. Charlie E. Jones, Warden, Troy King, Attorney General of the State of Alabama,...
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