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  • Commentaries
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11th Circuit Case Commentaries

Restricting Rule 60(b) Habeas Motions as Successive Petitions: Williams v. Chatman

Restricting Rule 60(b) Habeas Motions as Successive Petitions: Williams v. Chatman

Date: Nov 9, 2007
Restricting Rule 60(b) Habeas Motions as Successive Petitions: Williams v. Chatman Introduction Williams v. Chatman, 510 F.3d 1290 (11th Cir. 2007), addresses critical issues surrounding the use of...
Morrissette-Brown v. Mobile Infirmary Medical Center: Establishing the Bounds of Reasonable Religious Accommodation under Title VII

Morrissette-Brown v. Mobile Infirmary Medical Center: Establishing the Bounds of Reasonable Religious Accommodation under Title VII

Date: Nov 8, 2007
Morrissette-Brown v. Mobile Infirmary Medical Center: Establishing the Bounds of Reasonable Religious Accommodation under Title VII Introduction Cynthia Morrissette-Brown v. Mobile Infirmary Medical...
Enhanced Scrutiny of Counsel Effectiveness in Plea Agreements: Patel v. United States

Enhanced Scrutiny of Counsel Effectiveness in Plea Agreements: Patel v. United States

Date: Nov 2, 2007
Enhanced Scrutiny of Counsel Effectiveness in Plea Agreements: Patel v. United States Introduction In the landmark case of Patel v. United States, the United States Court of Appeals for the Eleventh...
Affirmation of RICO and Taft-Hartley Act Violations: United States v. Browne and Devaney

Affirmation of RICO and Taft-Hartley Act Violations: United States v. Browne and Devaney

Date: Oct 26, 2007
Affirmation of RICO and Taft-Hartley Act Violations: United States v. Browne and Devaney Introduction In the case of United States of America, Plaintiff-Appellee, v. Walter J. Browne and Patricia A....
Corporal Punishment and Substantive Due Process: Insights from Peterson v. Baker

Corporal Punishment and Substantive Due Process: Insights from Peterson v. Baker

Date: Oct 26, 2007
Corporal Punishment and Substantive Due Process: Insights from Peterson v. Baker Introduction Peterson v. Baker, 504 F.3d 1331 (11th Cir. 2007), is a pivotal case addressing the boundaries of...
Sheely v. MRI Radiology Network: Upholding Emotional Damages Under the Rehabilitation Act and Rethinking Mootness Standards

Sheely v. MRI Radiology Network: Upholding Emotional Damages Under the Rehabilitation Act and Rethinking Mootness Standards

Date: Oct 25, 2007
Sheely v. MRI Radiology Network: Upholding Emotional Damages Under the Rehabilitation Act and Rethinking Mootness Standards 1. Introduction Sheely v. MRI Radiology Network, P.A. is a landmark case...
Appellate Jurisdiction and the "Effectively Out of Court" Doctrine in Forum Non Conveniens: King v. Cessna Aircraft Co.

Appellate Jurisdiction and the "Effectively Out of Court" Doctrine in Forum Non Conveniens: King v. Cessna Aircraft Co.

Date: Oct 25, 2007
Appellate Jurisdiction and the "Effectively Out of Court" Doctrine in Forum Non Conveniens: King v. Cessna Aircraft Co. Introduction The case of Jack King, as personal representative of the Estate of...
Numerical Bar Constraints on Motions to Reconsider: Insights from Calle v. U.S. Attorney General

Numerical Bar Constraints on Motions to Reconsider: Insights from Calle v. U.S. Attorney General

Date: Oct 24, 2007
Numerical Bar Constraints on Motions to Reconsider: Insights from Calle v. U.S. Attorney General Introduction In the landmark case of Beatriz Helena Calle, Octa v. Alberto Molina Arango, et al.,...
Affirmation of Dismissal Without Prejudice for Procedural Failures in Pro Se Federal Litigation

Affirmation of Dismissal Without Prejudice for Procedural Failures in Pro Se Federal Litigation

Date: Oct 17, 2007
Affirmation of Dismissal Without Prejudice for Procedural Failures in Pro Se Federal Litigation Introduction In the appellate case of Michael Taylor and Mary C. Fox v. Lee M. Spaziano et al., the...
Derivative Feres Immunity Not Extending to Private Military Contractors: McMahon v. Presidential Airways

Derivative Feres Immunity Not Extending to Private Military Contractors: McMahon v. Presidential Airways

Date: Oct 6, 2007
Derivative Feres Immunity Not Extending to Private Military Contractors: McMahon v. Presidential Airways Introduction In the landmark case of Jeanette McMahon, as Personal Representative of the...
Strict Enforcement of Statute of Limitations and Pre-Suit Notice in Clean Air Act Citizen Suits: National Parks & SIERRA CLUB v. TENNESSEE VALLEY AUTHORITY

Strict Enforcement of Statute of Limitations and Pre-Suit Notice in Clean Air Act Citizen Suits: National Parks & SIERRA CLUB v. TENNESSEE VALLEY AUTHORITY

Date: Oct 5, 2007
Strict Enforcement of Statute of Limitations and Pre-Suit Notice in Clean Air Act Citizen Suits Introduction In the case of National Parks and Conservation Association, Inc., SIERRA CLUB v. TENNESSEE...
Voluntary Consent Overrides Unlawful Protective Sweep: Analysis of United States v. Ronald Delancy

Voluntary Consent Overrides Unlawful Protective Sweep: Analysis of United States v. Ronald Delancy

Date: Oct 4, 2007
Voluntary Consent Overrides Unlawful Protective Sweep: Analysis of United States v. Ronald Delancy Introduction In the case of United States of America v. Ronald Delancy, the United States Court of...
A Narrow Interpretation of 'Proceeds' in Money Laundering Charges Affirmed in US v. Khanani

A Narrow Interpretation of 'Proceeds' in Money Laundering Charges Affirmed in US v. Khanani

Date: Oct 3, 2007
A Narrow Interpretation of 'Proceeds' in Money Laundering Charges Affirmed in US v. Khanani Introduction In the case of United States of America v. M. Saleem Khanani and David Portlock, the United...
RLUIPA’s Restriction on Monetary Damages Against Individual Officials Affirmed in Smith v. Allen

RLUIPA’s Restriction on Monetary Damages Against Individual Officials Affirmed in Smith v. Allen

Date: Oct 3, 2007
RLUIPA’s Restriction on Monetary Damages Against Individual Officials Affirmed in Smith v. Allen Introduction In the case of Tony Lee Smith v. Richard F. Allen, et al., the United States Court of...
Original Source Requirement in FCA Claims: McElmurray v. Consolidated Government of Augusta-Richmond County

Original Source Requirement in FCA Claims: McElmurray v. Consolidated Government of Augusta-Richmond County

Date: Oct 2, 2007
Original Source Requirement in FCA Claims: McElmurray v. Consolidated Government of Augusta-Richmond County Introduction The case of R.A. McElmurray, III, G. William Boyce, David L. Lewis,...
Procedural Barriers in §1983 Actions for Postconviction DNA Evidence: Arthur v. King

Procedural Barriers in §1983 Actions for Postconviction DNA Evidence: Arthur v. King

Date: Sep 22, 2007
Procedural Barriers in §1983 Actions for Postconviction DNA Evidence: Arthur v. King Introduction Thomas D. Arthur, a death row inmate in Alabama, sought to challenge his impending execution through...
Eleventh Circuit Reaffirms Standing Requirements Under SEC Rule 10b-5: FSA v. Stephens

Eleventh Circuit Reaffirms Standing Requirements Under SEC Rule 10b-5: FSA v. Stephens

Date: Sep 19, 2007
Eleventh Circuit Reaffirms Standing Requirements Under SEC Rule 10b-5: Financial Security Assurance, Inc. v. Stephens, Inc. Introduction In the case of Financial Security Assurance, Inc. (FSA) v....
Reversing Misapplication of § 1927 Sanctions: Upholding Magistrate Findings in Amlong v. Denny's, Inc.

Reversing Misapplication of § 1927 Sanctions: Upholding Magistrate Findings in Amlong v. Denny's, Inc.

Date: Sep 18, 2007
Reversing Misapplication of § 1927 Sanctions: Upholding Magistrate Findings in Amlong v. Denny's, Inc. Introduction Amlong v. Denny's, Inc., T.W. Services, Inc., et al. is a pivotal case from the...
ADA Disability Definition Clarified in Greenberg v. BellSouth Telecommunications

ADA Disability Definition Clarified in Greenberg v. BellSouth Telecommunications

Date: Sep 11, 2007
ADA Disability Definition Clarified in Greenberg v. BellSouth Telecommunications Introduction In Allan L. Greenberg v. BellSouth Telecommunications, Inc., 498 F.3d 1258 (11th Cir. 2007), the United...
Eleventh Circuit Recognizes Past FARC Persecution in Asylum Claims: Mejia v. U.S. Attorney General

Eleventh Circuit Recognizes Past FARC Persecution in Asylum Claims: Mejia v. U.S. Attorney General

Date: Sep 7, 2007
Eleventh Circuit Recognizes Past FARC Persecution in Asylum Claims: Mejia v. U.S. Attorney General Introduction The case of Jhonyer Francisco Marin Mejia and Maria Eugenia Martinez Camargo v. U.S....
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