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  • Commentaries
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11th Circuit Case Commentaries

Preemption of State Homestead and Tenancy by Entireties Laws by Federal Substitute Property Forfeiture Statute

Preemption of State Homestead and Tenancy by Entireties Laws by Federal Substitute Property Forfeiture Statute

Date: Sep 6, 2007
Preemption of State Homestead and Tenancy by Entireties Laws by Federal Substitute Property Forfeiture Statute Introduction Fleet v. United States, a landmark decision rendered by the United States...
Unconscionability of Class Action Waivers in Arbitration Agreements: Insights from Dale v. Comcast

Unconscionability of Class Action Waivers in Arbitration Agreements: Insights from Dale v. Comcast

Date: Sep 5, 2007
Unconscionability of Class Action Waivers in Arbitration Agreements: Insights from Dale v. Comcast Introduction Dale v. Comcast Corporation is a pivotal case adjudicated by the United States Court of...
Clarifying the De Facto Plan Administrator Doctrine in ERISA: Coca-Cola Co. v. Broadspire Services Inc.

Clarifying the De Facto Plan Administrator Doctrine in ERISA: Coca-Cola Co. v. Broadspire Services Inc.

Date: Aug 30, 2007
Clarifying the De Facto Plan Administrator Doctrine in ERISA: Coca-Cola Co. v. Broadspire Services Inc. Introduction In the case of Theron Oliver, Plaintiff-Appellee, v. The Coca-Cola Company and...
Deliberate Indifference and Qualified Immunity in Civil Rights Litigation: West v. Tillman

Deliberate Indifference and Qualified Immunity in Civil Rights Litigation: West v. Tillman

Date: Aug 28, 2007
Deliberate Indifference and Qualified Immunity in Civil Rights Litigation: West v. Tillman Introduction In the landmark case of Bentley West and Jerry Rainey v. Jack Tillman et al. (496 F.3d 1321),...
Mandatory Consideration of Appeals Council Evidence in Social Security Disability Appeals: Ingram v. SSA

Mandatory Consideration of Appeals Council Evidence in Social Security Disability Appeals: Ingram v. SSA

Date: Aug 24, 2007
Mandatory Consideration of Appeals Council Evidence in Social Security Disability Appeals: Ingram v. SSA 1. Introduction The case of Lillian Ingram v. Commissioner of Social Security Administration...
Eleventh Circuit Establishes Right to Reopen Removal Proceedings Based on Changed Country Conditions: Yaner Li v. U.S. Attorney General

Eleventh Circuit Establishes Right to Reopen Removal Proceedings Based on Changed Country Conditions: Yaner Li v. U.S. Attorney General

Date: Aug 24, 2007
Eleventh Circuit Establishes Right to Reopen Removal Proceedings Based on Changed Country Conditions: Yaner Li v. U.S. Attorney General Introduction The case of Yaner Li v. U.S. Attorney General (488...
Limitations on Trademark Infringement Liability for Distributors: Analysis of Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc.

Limitations on Trademark Infringement Liability for Distributors: Analysis of Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc.

Date: Aug 23, 2007
Limitations on Trademark Infringement Liability for Distributors: Analysis of Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc. Introduction The case of Optimum Technologies, Inc. v....
Griffin Industries v. Irvin: Affirmation of Qualified Immunity in 'Class of One' Equal Protection Claims

Griffin Industries v. Irvin: Affirmation of Qualified Immunity in 'Class of One' Equal Protection Claims

Date: Aug 22, 2007
Griffin Industries v. Irvin: Affirmation of Qualified Immunity in 'Class of One' Equal Protection Claims Introduction Griffin Industries, Inc. v. Tommy Irvin is a seminal case adjudicated by the...
Eleventh Circuit Clarifies FLSA Overtime Rate Calculations and Employer Knowledge Standards

Eleventh Circuit Clarifies FLSA Overtime Rate Calculations and Employer Knowledge Standards

Date: Aug 18, 2007
Eleventh Circuit Clarifies FLSA Overtime Rate Calculations and Employer Knowledge Standards Introduction In the landmark case Alicia Allen et al. v. The Board of Public Education for Bibb County,...
Defining Pleading Standards for Free Exercise Claims in Educational Practicums: Watts v. FIU

Defining Pleading Standards for Free Exercise Claims in Educational Practicums: Watts v. FIU

Date: Aug 18, 2007
Defining Pleading Standards for Free Exercise Claims in Educational Practicums: Watts v. FIU Introduction In the case of John Watts v. Florida International University (FIU) et al., the United States...
Reasonableness of Deadly Force in High-Speed Pursuits: Analysis of Beshers v. Toccoa Police Department

Reasonableness of Deadly Force in High-Speed Pursuits: Analysis of Beshers v. Toccoa Police Department

Date: Aug 15, 2007
Reasonableness of Deadly Force in High-Speed Pursuits: Analysis of Beshers v. Toccoa Police Department Introduction The case of Jason Beshers, Individually and as Administrator of the Estate of David...
Third-Party Beneficiary Standing Denied in Sponsorship Agreements: ATT Mobility LLC v. NASCAR

Third-Party Beneficiary Standing Denied in Sponsorship Agreements: ATT Mobility LLC v. NASCAR

Date: Aug 14, 2007
Third-Party Beneficiary Standing Denied in Sponsorship Agreements: ATT Mobility LLC v. NASCAR Introduction The case of ATT Mobility LLC, f.k.a. Cingular Wireless LLC v. National Association for Stock...
Clarifying the Borrowed Servant Doctrine: Insights from Proctor v. Fluor Enterprises

Clarifying the Borrowed Servant Doctrine: Insights from Proctor v. Fluor Enterprises

Date: Aug 14, 2007
Clarifying the Borrowed Servant Doctrine: Insights from Proctor v. Fluor Enterprises Introduction The case of Bobby Proctor v. Fluor Enterprises, Inc. (494 F.3d 1337) adjudicated by the United States...
Establishing Undue Hardship Standards in Student Loan Discharge: In re Keldric Dante Mosley

Establishing Undue Hardship Standards in Student Loan Discharge: In re Keldric Dante Mosley

Date: Aug 10, 2007
Establishing Undue Hardship Standards in Student Loan Discharge: In re Keldric Dante Mosley Introduction The case of In re Keldric Dante Mosley addresses the critical issue of discharging student...
Limitation of Florida's Offer-of-Judgment Statute §768.79 in Federal Civil Rights Litigation

Limitation of Florida's Offer-of-Judgment Statute §768.79 in Federal Civil Rights Litigation

Date: Aug 9, 2007
Limitation of Florida's Offer-of-Judgment Statute §768.79 in Federal Civil Rights Litigation Introduction In the case of Syl v. Ster Jones, Sylvester Jones (Plaintiff-Appellee) filed a lawsuit...
Eleventh Circuit Clarifies AEDPA's Statute of Limitations in Light of BURTON v. STEWART

Eleventh Circuit Clarifies AEDPA's Statute of Limitations in Light of BURTON v. STEWART

Date: Aug 8, 2007
Eleventh Circuit Clarifies AEDPA's Statute of Limitations in Light of BURTON v. STEWART Introduction The case of Anthony Ferreira v. Secretary, Department of Corrections, Attorney General, State of...
Defining 'Victim' Under the Mandatory Victim Restitution Act: Insights from United States v. Robertson

Defining 'Victim' Under the Mandatory Victim Restitution Act: Insights from United States v. Robertson

Date: Jul 28, 2007
Defining 'Victim' Under the Mandatory Victim Restitution Act: Insights from United States v. Robertson Introduction The case of United States of America v. Joseph W. Robertson serves as a pivotal...
Clarifying Sentencing Factors in Federal Firearm Charges: Ciszkowski v. United States

Clarifying Sentencing Factors in Federal Firearm Charges: Ciszkowski v. United States

Date: Jul 21, 2007
Clarifying Sentencing Factors in Federal Firearm Charges: Ciszkowski v. United States Introduction In the landmark case of United States v. Ciszkowski, decided on July 20, 2007, the United States...
Clairson Industries v. Holly: A New Precedent on ADA Reasonable Accommodations for Punctuality

Clairson Industries v. Holly: A New Precedent on ADA Reasonable Accommodations for Punctuality

Date: Jul 20, 2007
Clairson Industries v. Holly: A New Precedent on ADA Reasonable Accommodations for Punctuality Introduction In the landmark appellate case Tommy E. Holly v. Clairson Industries, L.L.C., 492 F.3d 1247...
Asylum Eligibility Enhanced: Eleventh Circuit Recognizes Past Persecution Based on Political Opinion

Asylum Eligibility Enhanced: Eleventh Circuit Recognizes Past Persecution Based on Political Opinion

Date: Jul 18, 2007
Asylum Eligibility Enhanced: Eleventh Circuit Recognizes Past Persecution Based on Political Opinion Introduction The case of Ruth Socorro Sanchez Jimenez et al. v. U.S. Attorney General, adjudicated...
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