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  • Commentaries
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11th Circuit Case Commentaries

Partial Final Judgment and Appellate Jurisdiction: The Limits of Rule 54(b) Certification

Partial Final Judgment and Appellate Jurisdiction: The Limits of Rule 54(b) Certification

Date: Apr 5, 2007
Partial Final Judgment and Appellate Jurisdiction: The Limits of Rule 54(b) Certification Introduction In the case of Lloyd Noland Foundation, Inc. v. Tenet Health Care Corporation et al. (483 F.3d...
Investment Contracts in Registered Limited Liability Partnerships: SEC v. Merchant Capital

Investment Contracts in Registered Limited Liability Partnerships: SEC v. Merchant Capital

Date: Apr 5, 2007
Investment Contracts in Registered Limited Liability Partnerships: SEC v. Merchant Capital Introduction The case of SECURITIES AND EXCHANGE COMMISSION v. MERCHANT CAPITAL, LLC serves as a pivotal...
Enhancing Sentences Based on Acquitted Conduct and Postoffense Rehabilitation: US v. Clay

Enhancing Sentences Based on Acquitted Conduct and Postoffense Rehabilitation: US v. Clay

Date: Apr 4, 2007
Enhancing Sentences Based on Acquitted Conduct and Postoffense Rehabilitation: US v. Clay Introduction The case of United States of America v. John Windell Clay, adjudicated by the United States...
Eleventh Circuit Reinforces the Necessity of Substantial Weight to Treating Psychiatrists in Disability Benefit Decisions

Eleventh Circuit Reinforces the Necessity of Substantial Weight to Treating Psychiatrists in Disability Benefit Decisions

Date: Apr 4, 2007
Eleventh Circuit Reinforces the Necessity of Substantial Weight to Treating Psychiatrists in Disability Benefit Decisions Introduction In the case of Joe L. Mills, Jr. v. Michael J. Astrue (226 F....
Eleventh Circuit Reaffirms Absence of Collusion Presumption in Assignment of Claims for Diversity Jurisdiction

Eleventh Circuit Reaffirms Absence of Collusion Presumption in Assignment of Claims for Diversity Jurisdiction

Date: Apr 3, 2007
Eleventh Circuit Reaffirms Absence of Collusion Presumption in Assignment of Claims for Diversity Jurisdiction Introduction The case of Ambrosia Coal Construction Company v. NIA Corporation (482 F.3d...
Reaffirming Burden of Proof in Retaliation Claims: Crawford v. City of Fairburn

Reaffirming Burden of Proof in Retaliation Claims: Crawford v. City of Fairburn

Date: Mar 30, 2007
Reaffirming Burden of Proof in Retaliation Claims: Crawford v. City of Fairburn Introduction In Crawford v. City of Fairburn, Georgia, 482 F.3d 1305 (11th Cir. 2007), the United States Court of...
Enhanced Standards for Reasonable Suspicion: Insights from UNITED STATES v. Anthony H. Lindsey

Enhanced Standards for Reasonable Suspicion: Insights from UNITED STATES v. Anthony H. Lindsey

Date: Mar 28, 2007
Enhanced Standards for Reasonable Suspicion: Insights from United States v. Anthony H. Lindsey Introduction United States v. Anthony H. Lindsey, 482 F.3d 1285 (11th Cir. 2007), presents a pivotal...
Jimenez v. Florida DOC: Upholding Exhaustion and Procedural Barriers in Certifying Habeas Appeals

Jimenez v. Florida DOC: Upholding Exhaustion and Procedural Barriers in Certifying Habeas Appeals

Date: Mar 24, 2007
Jimenez v. Florida DOC: Upholding Exhaustion and Procedural Barriers in Certifying Habeas Appeals Introduction Jimenez v. Florida Department of Corrections is a pivotal case adjudicated by the United...
Expanding Judicial Assistance: Insights from In re: Patricio Clerici

Expanding Judicial Assistance: Insights from In re: Patricio Clerici

Date: Mar 22, 2007
Expanding Judicial Assistance: Insights from In re: Patricio Clerici Introduction In re: Patricio Clerici, Appellant. (481 F.3d 1324) is a significant appellate decision from the United States Court...
Comprehensive Commentary on United States v. Isaac Jerome Smith: Affirmation of Sentencing Enhancements under U.S.S.G. §2K2.1(b)(5) Post-Booker

Comprehensive Commentary on United States v. Isaac Jerome Smith: Affirmation of Sentencing Enhancements under U.S.S.G. §2K2.1(b)(5) Post-Booker

Date: Mar 20, 2007
Affirmation of Sentencing Enhancements under U.S.S.G. §2K2.1(b)(5) Post-Booker: Analysis of United States v. Isaac Jerome Smith Introduction The case of United States of America v. Isaac Jerome Smith...
Eleventh Circuit Affirms Faragher-Ellerth Defense in Hostile Work Environment Case

Eleventh Circuit Affirms Faragher-Ellerth Defense in Hostile Work Environment Case

Date: Mar 20, 2007
Eleventh Circuit Affirms Faragher-Ellerth Defense in Hostile Work Environment Case Introduction In the landmark appellate decision of Susan Baldwin v. Blue Cross/Blue Shield of Alabama, 480 F.3d 1287...
Affirmation of Dismissal in FDUTPA Reservation Agreement Case: Zlotnick v. Premier Sales Group

Affirmation of Dismissal in FDUTPA Reservation Agreement Case: Zlotnick v. Premier Sales Group

Date: Mar 20, 2007
Affirmation of Dismissal in FDUTPA Reservation Agreement Case: Zlotnick v. Premier Sales Group Introduction The case Philip A. Zlotnick v. Premier Sales Group, Inc., adjudicated by the United States...
Enhanced Supervisory Liability for Prison Officials under §1983: An Analysis of Mathews v. Crosby

Enhanced Supervisory Liability for Prison Officials under §1983: An Analysis of Mathews v. Crosby

Date: Mar 17, 2007
Enhanced Supervisory Liability for Prison Officials under §1983: An Analysis of Mathews v. Crosby Introduction Mathews v. Crosby, 480 F.3d 1265 (11th Cir. 2007), is a pivotal case addressing the...
Protective Order Specificity and Public Access Rights Affirmed in Romero v. Drummond

Protective Order Specificity and Public Access Rights Affirmed in Romero v. Drummond

Date: Mar 15, 2007
Protective Order Specificity and Public Access Rights Affirmed in Romero v. Drummond Introduction In the landmark case Juan Aquas ROMERO, Plaintiff-Appellee, v. DRUMMOND COMPANY, INC., adjudicated by...
Dingle v. Secretary for the Department of Corrections: Affirmation of Strickland Standard for Ineffective Assistance of Counsel

Dingle v. Secretary for the Department of Corrections: Affirmation of Strickland Standard for Ineffective Assistance of Counsel

Date: Mar 9, 2007
Dingle v. Secretary for the Department of Corrections: Affirmation of Strickland Standard for Ineffective Assistance of Counsel Introduction Richard Allen Dingle appeals the denial of his habeas...
Incontestability Clauses and RICO Claims: Comprehensive Analysis in American United Life Insurance Co. v. Martinez

Incontestability Clauses and RICO Claims: Comprehensive Analysis in American United Life Insurance Co. v. Martinez

Date: Mar 8, 2007
Incontestability Clauses and RICO Claims: Comprehensive Analysis in American United Life Insurance Co. v. Martinez Introduction In the landmark case American United Life Insurance Co., Amerus Life...
Affirmation of ADA Application in DUI Arrests: Ste v. Miami-Dade County

Affirmation of ADA Application in DUI Arrests: Ste v. Miami-Dade County

Date: Mar 8, 2007
Affirmation of ADA Application in DUI Arrests: Ste v. Miami-Dade County Introduction In the case of Steven M. BIRCOLL v. MIAMI-DADE COUNTY, the United States Court of Appeals for the Eleventh Circuit...
Consistent Application of Default Entries and Forum Non Conveniens Motions: Analysis of Tyco Fire Security v. Alert 24

Consistent Application of Default Entries and Forum Non Conveniens Motions: Analysis of Tyco Fire Security v. Alert 24

Date: Feb 23, 2007
Consistent Application of Default Entries and Forum Non Conveniens Motions: Analysis of Tyco Fire Security, LLC v. Alert 24, LLC Introduction Tyco Fire Security, LLC, Phillip McVey, and George Azze...
Withholding of Removal Standard Enhanced in Ruiz v. Gonzales

Withholding of Removal Standard Enhanced in Ruiz v. Gonzales

Date: Feb 21, 2007
Withholding of Removal Standard Enhanced in Ruiz v. Gonzales Introduction Javier Mauricio Martinez Ruiz v. Alberto R. Gonzales is a pivotal case adjudicated by the United States Court of Appeals for...
DPPA Enforcement under Section 1983: Insights from Collier v. Dickinson

DPPA Enforcement under Section 1983: Insights from Collier v. Dickinson

Date: Feb 13, 2007
DPPA Enforcement under Section 1983: Insights from Collier v. Dickinson Introduction The case of Mary Ann Collier, Arthur L. Wallace, Roy McGoldrick, and Robert Pino v. Fred O. Dickinson III et al.,...
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