11th Circuit Case Commentaries

Assumption of Extraordinary and Compelling Reasons in Compassionate Release Motions: United States v. Tinker

Date: Sep 29, 2021

Assumption of Extraordinary and Compelling Reasons in Compassionate Release Motions: United States v. Tinker Introduction United States of America v. Delvin Deon Tinker, 14 F.4th 1234 (11th Cir....

Clarifying Eighth Amendment Standards in Prison Sexual Assault Claims: DeJesus v. Lewis

Date: Sep 22, 2021

Clarifying Eighth Amendment Standards in Prison Sexual Assault Claims: DeJesus v. Lewis Introduction In the landmark case of Gilberto DeJesus v. Sergeant Willie J. Lewis et al. (14 F.4th 1182, 2021),...

Prevailing Party Determination and Frivolity in BEACH BLITZ CO. v. CITY OF MIAMI BEACH

Date: Sep 22, 2021

Prevailing Party Determination and Frivolity in BEACH BLITZ CO. v. CITY OF MIAMI BEACH Introduction The case of Beach Blitz Co., d.b.a. Ocean 9 Liquor, d.b.a. Ocean 11 Market v. City of Miami Beach,...

Apparent Conflict Between RFC Limitations and Level 3 Reasoning in SSI Evaluations: Insights from Antonio Viverette v. Commissioner of Social Security

Date: Sep 22, 2021

Apparent Conflict Between RFC Limitations and Level 3 Reasoning in SSI Evaluations: Insights from Antonio Viverette v. Commissioner of Social Security Introduction Antonio Viverette v. Commissioner...

Eleventh Circuit Grants Qualified Immunity to Prison Official in Eighth Amendment Case, Distinguishing Aldridge

Date: Sep 18, 2021

Eleventh Circuit Grants Qualified Immunity to Prison Official in Eighth Amendment Case, Distinguishing ALDRIDGE v. MONTGOMERY Introduction In the landmark case Charles Wade, Plaintiff-Appellee, v....

Impactful Interpretation of Tip Credit Regulations in Rafferty v. Denny's, Inc.

Date: Sep 16, 2021

Impactful Interpretation of Tip Credit Regulations in Rafferty v. Denny's, Inc. Introduction Rafferty v. Denny's, Inc. is a pivotal case adjudicated by the United States Court of Appeals for the...

Eleventh Circuit Upholds Qualified Immunity in Ex Parte Order Enforcement

Date: Sep 9, 2021

Eleventh Circuit Upholds Qualified Immunity in Ex Parte Order Enforcement Introduction In the case of Dustin Orr v. Deputy James Rogers, Deputy Johnathan Brannon, Deputy George Wooten, Larry Stagg,...

Eleventh Circuit Rules Parallel Proceedings Not Required to Exercise Discretion Under Declaratory Judgment Act

Date: Sep 4, 2021

Eleventh Circuit Rules Parallel Proceedings Not Required to Exercise Discretion Under Declaratory Judgment Act Introduction The case of National Trust Insurance Company v. Southern Heating and...

Affirmation of Qualified Immunity in Excessive Force Case: Underwood v. City of Bessemer

Date: Sep 3, 2021

Affirmation of Qualified Immunity in Excessive Force Case: Underwood v. City of Bessemer Introduction The case of Marcus Underwood v. City of Bessemer addresses critical issues surrounding the use of...

Braddy v. United States: Affirmation of Objective Reasonableness in Traffic Stops and K9 Alert Reliability

Date: Sep 1, 2021

Braddy v. United States: Affirmation of Objective Reasonableness in Traffic Stops and K9 Alert Reliability Introduction In Braddy v. United States (11 F.4th 1298, 2021), the United States Court of...

Mandatory Exhaustion of Administrative Remedies Affirmed: Insights from Varner v. Shepard

Date: Sep 1, 2021

Mandatory Exhaustion of Administrative Remedies Affirmed: Insights from Varner v. Shepard Introduction Christopher Varner, Plaintiff-Appellant, v. Stan Shepard, et al., 11 F.4th 1252 (2021), is a...

Affirmation of Bureau of Prisons' Authority in Home Confinement Decisions: Touizer v. U.S. Attorney General

Date: Aug 28, 2021

Affirmation of Bureau of Prisons' Authority in Home Confinement Decisions: Touizer v. U.S. Attorney General Introduction The case of Daniel Joseph Touizer v. U.S. Attorney General addresses the...

Excessive Force in Traffic Stop: Benton v. Bradley Establishes Clear Limits on Taser Use

Date: Aug 27, 2021

Excessive Force in Traffic Stop: Benton v. Bradley Establishes Clear Limits on Taser Use Introduction Benton v. Bradley is a landmark case adjudicated by the United States Court of Appeals for the...

Travelers Indemnity Co. v. McKenzie & Sons: Affirmation of Policy Exclusions and the Unenforceability of Coblentz Agreements

Date: Aug 27, 2021

Travelers Indemnity Co. v. McKenzie & Sons: Affirmation of Policy Exclusions and the Unenforceability of Coblentz Agreements Introduction The case of The Travelers Indemnity Company of Connecticut v....

Clarifying Prejudice Standards in Ineffective Assistance of Counsel Claims: Commentary on Hayes v. Secretary, Florida Department of Corrections, 10 F.4th 1203 (2021)

Date: Aug 26, 2021

Clarifying Prejudice Standards in Ineffective Assistance of Counsel Claims: Commentary on Hayes v. Secretary, Florida Department of Corrections, 10 F.4th 1203 (2021) Introduction In the landmark case...

Preponderance of the Evidence Standard Established for Ultimate Discovery Exception in Exclusionary Rule

Date: Aug 21, 2021

Preponderance of the Evidence Standard Established for Ultimate Discovery Exception in Exclusionary Rule Introduction The case of United States of America v. Latecia Watkins, decided by the United...

Sanctions for Frivolous Disability Rights Litigation: A Comprehensive Analysis of Johnson v. Caraf Oil

Date: Aug 18, 2021

Sanctions for Frivolous Disability Rights Litigation: A Comprehensive Analysis of Johnson v. Caraf Oil Introduction In the landmark case Alexander Johnson, Plaintiff - Appellant, Scott Richard Dinin,...

Affirmation of Standing Criteria: Suing State Authorities Requires Demonstrable Enforcement Authority

Date: Aug 13, 2021

Affirmation of Standing Criteria: Suing State Authorities Requires Demonstrable Enforcement Authority Introduction The case of Support Working Animals, Inc. et al. v. Governor of Florida et al....

Eleventh Circuit Clarifies Rooker-Feldman Doctrine in Behr v. Campbell

Date: Aug 13, 2021

Eleventh Circuit Clarifies Rooker-Feldman Doctrine in Behr v. Campbell Introduction In the case of Rebekka Anne Behr et al. v. James Campbell et al., the United States Court of Appeals for the...

Strengthening the Weight of Treating Physicians' Opinions in SSA Disability Claims: Simon v. SSA

Date: Aug 13, 2021

Strengthening the Weight of Treating Physicians' Opinions in SSA Disability Claims: Simon v. SSA Introduction Arturo O. Simon v. Commissioner, Social Security Administration, 7 F.4th 1094 (11th Cir....