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  • Commentaries
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11th Circuit Case Commentaries

Eleventh Circuit Upholds FLSA Exemptions for Employer-Provided Transportation and Security Screening

Eleventh Circuit Upholds FLSA Exemptions for Employer-Provided Transportation and Security Screening

Date: May 31, 2007
Eleventh Circuit Upholds FLSA Exemptions for Employer-Provided Transportation and Security Screening Introduction In the landmark case of Bonilla et al. v. Baker Concrete Construction, Inc. (487 F.3d...
Trustee and Administrator Authority in Asbestos Settlement Trust: Insights from In re Celotex Corp. Decision

Trustee and Administrator Authority in Asbestos Settlement Trust: Insights from In re Celotex Corp. Decision

Date: May 30, 2007
Trustee and Administrator Authority in Asbestos Settlement Trust: Insights from In re Celotex Corp. Decision Introduction The case of In re: Celotex Corporation, Carey Canada Inc., Debtors. Asbestos...
Derivative Benefits Exclusion in Withholding of Removal: Insights from Delgado v. U.S. Attorney General

Derivative Benefits Exclusion in Withholding of Removal: Insights from Delgado v. U.S. Attorney General

Date: May 26, 2007
Derivative Benefits Exclusion in Withholding of Removal: Insights from Delgado v. U.S. Attorney General Introduction The case of Ramon Antonio Delgado, Carmen Yelitza Delgado, Ramon Antonio Delgado...
Application of §3553(a) Factors in Resentencing Post-Booker: Analysis of United States v. Amedeo

Application of §3553(a) Factors in Resentencing Post-Booker: Analysis of United States v. Amedeo

Date: May 25, 2007
Application of §3553(a) Factors in Resentencing Post-Booker: Analysis of United States v. Amedeo Introduction United States v. Damon Amedeo, 487 F.3d 823 (11th Cir. 2007), presents a pivotal analysis...
Eleventh Circuit Reaffirms Qualified Immunity for Paramedics in §1983 Actions: Andujar v. Rodriguez

Eleventh Circuit Reaffirms Qualified Immunity for Paramedics in §1983 Actions: Andujar v. Rodriguez

Date: May 16, 2007
Eleventh Circuit Reaffirms Qualified Immunity for Paramedics in §1983 Actions: Andujar v. Rodriguez Introduction In the case of Julio Cesar Andujar v. Jorge Rodriguez, Harry Newcomb, Robert A. Barea,...
Jordan v. Secretary, Department of Corrections: Establishing Strict Limits on Second or Successive Habeas Petitions Under AEDPA

Jordan v. Secretary, Department of Corrections: Establishing Strict Limits on Second or Successive Habeas Petitions Under AEDPA

Date: May 15, 2007
Jordan v. Secretary, Department of Corrections: Establishing Strict Limits on Second or Successive Habeas Petitions Under AEDPA Introduction Keith Lamont Jordan v. Secretary, Department of...
Enhancing Fair Trial Standards: An In-Depth Analysis of United States v. Serge Edouard

Enhancing Fair Trial Standards: An In-Depth Analysis of United States v. Serge Edouard

Date: May 12, 2007
Enhancing Fair Trial Standards: An In-Depth Analysis of United States v. Serge Edouard Introduction In the case of United States of America v. Serge Edouard (485 F.3d 1324, 11th Cir. 2007), the...
Limitation on §2255 Motions and the Application of Castro: Comprehensive Analysis of Outler v. United States

Limitation on §2255 Motions and the Application of Castro: Comprehensive Analysis of Outler v. United States

Date: May 12, 2007
Limitation on §2255 Motions and the Application of Castro: Comprehensive Analysis of Outler v. United States Introduction The case of Raymond Outler v. United States of America, decided on May 11,...
United States v. Medina et al.: Clarifying the Necessity of False Representations in Health Care Fraud Allegations

United States v. Medina et al.: Clarifying the Necessity of False Representations in Health Care Fraud Allegations

Date: May 12, 2007
United States v. Medina et al.: Clarifying the Necessity of False Representations in Health Care Fraud Allegations Introduction In the landmark case of United States of America v. Pura Medina, Isabel...
Choice of Law in Tortious Interference: Grupo Televisa v. Telemundo

Choice of Law in Tortious Interference: Grupo Televisa v. Telemundo

Date: May 11, 2007
Choice of Law in Tortious Interference: Grupo Televisa v. Telemundo Introduction Grupo Televisa, S.A., Televisa, S.A. de C.V., Televisa Talento, S.A. de C.V., collectively known as "Televisa,"...
Qualified Immunity and Probable Cause: Analysis of Skop v. City of Atlanta

Qualified Immunity and Probable Cause: Analysis of Skop v. City of Atlanta

Date: May 4, 2007
Qualified Immunity and Probable Cause: Analysis of Skop v. City of Atlanta Introduction Laura Skop, the plaintiff-appellant, filed a civil rights lawsuit against the City of Atlanta and its officers,...
Standard for Evaluating Pain and Residual Functional Capacity in Social Security Disability Cases: The Martha Green Decision

Standard for Evaluating Pain and Residual Functional Capacity in Social Security Disability Cases: The Martha Green Decision

Date: May 3, 2007
Standard for Evaluating Pain and Residual Functional Capacity in Social Security Disability Cases: The Martha Green Decision Introduction The case of Martha Green v. Social Security Administration...
Affirmation of Workers' Compensation Exclusivity in Employer Negligence Claims: Locke v. SunTrust Bank

Affirmation of Workers' Compensation Exclusivity in Employer Negligence Claims: Locke v. SunTrust Bank

Date: Apr 24, 2007
Affirmation of Workers' Compensation Exclusivity in Employer Negligence Claims: Locke v. SunTrust Bank Introduction The case of Martha Locke v. SunTrust Bank (484 F.3d 1343) addresses significant...
Ambiguity in State Law Liability Requires Remand: Florence v. Crescent Resources

Ambiguity in State Law Liability Requires Remand: Florence v. Crescent Resources

Date: Apr 19, 2007
Ambiguity in State Law Liability Requires Remand: Florence v. Crescent Resources Introduction In Florence v. Crescent Resources, LLC, the United States Court of Appeals for the Eleventh Circuit...
Porter v. White: Establishing Culpability Standards for §1983 Claims Arising from Brady Violations

Porter v. White: Establishing Culpability Standards for §1983 Claims Arising from Brady Violations

Date: Apr 13, 2007
Porter v. White: Establishing Culpability Standards for §1983 Claims Arising from Brady Violations Introduction In the case of Michael D. Porter v. Bob White, adjudicated by the United States Court...
Enhanced Protections for Surety Obligees in Bad Faith Insurance Claims: New Precedent Established

Enhanced Protections for Surety Obligees in Bad Faith Insurance Claims: New Precedent Established

Date: Apr 13, 2007
Enhanced Protections for Surety Obligees in Bad Faith Insurance Claims: New Precedent Established Introduction The case of DADELAND DEPOT, INC., Dadeland Station Associates, Ltd. v. ST. PAUL FIRE AND...
CAFA Mass Action Removal: Burden of Proof for Aggregate $5M Threshold Confirmed

CAFA Mass Action Removal: Burden of Proof for Aggregate $5M Threshold Confirmed

Date: Apr 12, 2007
CAFA Mass Action Removal: Burden of Proof for Aggregate $5M Threshold Confirmed Introduction In the case of Lowery v. Alabama Power Company et al., the United States Court of Appeals for the Eleventh...
Reversing Improper Reliance on Jury Findings: Chaney v. City of Orlando

Reversing Improper Reliance on Jury Findings: Chaney v. City of Orlando

Date: Apr 12, 2007
Reversing Improper Reliance on Jury Findings: Chaney v. City of Orlando Introduction The case of Dontray Chaney v. City of Orlando, Florida, adjudicated in 2007 by the United States Court of Appeals...
Eleventh Circuit Establishes Clear Standards for Warrantless Doorway Arrests under the Fourth Amendment

Eleventh Circuit Establishes Clear Standards for Warrantless Doorway Arrests under the Fourth Amendment

Date: Apr 12, 2007
Eleventh Circuit Establishes Clear Standards for Warrantless Doorway Arrests under the Fourth Amendment Introduction In the landmark case of McClish v. Nugent, decided on April 11, 2007, the United...
Attorney General Retains Discretion to Deny Adjustment under INA §245(i)

Attorney General Retains Discretion to Deny Adjustment under INA §245(i)

Date: Apr 11, 2007
Attorney General Retains Discretion to Deny Adjustment under INA §245(i) Introduction The case of Ubaid Usmani v. U.S. Attorney General, decided by the United States Court of Appeals for the Eleventh...
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