11th Circuit Case Commentaries

Affirmation of Procedural Default in Ineffective Assistance of Counsel Claims: McKiver v. Secretary, Florida Dept. of Corrections

Date: Mar 26, 2021

Affirmation of Procedural Default in Ineffective Assistance of Counsel Claims: McKiver v. Secretary, Florida Dept. of Corrections Introduction McKiver v. Secretary, Florida Dept. of Corrections,...

Affirmation of Content-Neutral Restrictions in Limited Public Forums: Dyer v. Atlanta Independent School System

Date: Mar 23, 2021

Affirmation of Content-Neutral Restrictions in Limited Public Forums: Dyer v. Atlanta Independent School System Introduction The case of Nathaniel Borrell Dyer v. Atlanta Independent School System...

Taxation of Tribal Per Capita Payments: Insights from Clay v. Commissioner

Date: Mar 17, 2021

Taxation of Tribal Per Capita Payments: Insights from Clay v. Commissioner Introduction The case of James Clay and Audrey Osceola v. Commissioner of Internal Revenue (990 F.3d 1296) addresses the tax...

Rule 59 Motions Tolling Appeals: 11th Circuit Upholds Timely Appeal in Ruiz v. City of Miami Police

Date: Mar 13, 2021

Rule 59 Motions Tolling Appeals: 11th Circuit Upholds Timely Appeal in Ruiz v. City of Miami Police Introduction The case of Alberto Ruiz v. Officer Jennifer Wing, Officer Danny Fals, and the City of...

Strengthening CAFA Jurisdiction: Smith v. Ballew Establishes Rigorous Standards for Class Citizenship Evidence

Date: Mar 13, 2021

Strengthening CAFA Jurisdiction: Smith v. Ballew Establishes Rigorous Standards for Class Citizenship Evidence Introduction In the case of BETTY M. SMITH, as personal representative of the estate of...

Granda v. United States: Affirmation of Procedural Default and Harmless Error in § 924(o) Convictions amid Intertwined Predicate Offenses

Date: Mar 12, 2021

Granda v. United States: Affirmation of Procedural Default and Harmless Error in § 924(o) Convictions amid Intertwined Predicate Offenses Introduction In the case of Carlos Granda v. United States of...

Clarifying Excessive Force and Duty to Intervene: Insights from Helm v. Rainbow City

Date: Mar 11, 2021

Clarifying Excessive Force and Duty to Intervene: Insights from Helm v. Rainbow City Introduction Helm v. Rainbow City is a landmark decision by the United States Court of Appeals for the Eleventh...

Consensual Encounters and Fourth Amendment Protections: Insights from United States v. Knights

Date: Mar 11, 2021

Consensual Encounters and Fourth Amendment Protections: Insights from United States v. Knights Introduction The case of United States of America v. Anthony W. Knights (989 F.3d 1281) adjudicated by...

Affirmation of Qualified Immunity in Excessive Force Claims: Prosper v. Martin

Date: Mar 6, 2021

Affirmation of Qualified Immunity in Excessive Force Claims: Prosper v. Martin Introduction Prosper v. Martin is a significant appellate decision from the United States Court of Appeals for the...

Exhaustion Requirements as Nonjurisdictional in Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): United States v. Harris

Date: Mar 3, 2021

Exhaustion Requirements as Nonjurisdictional in Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): United States v. Harris Introduction The case of United States of America v. Laschell Harris...

Pro Se Representation Limits for Minor's Rights: Grappell v. Miami-Dade County Public School Board

Date: Mar 3, 2021

Pro Se Representation Limits for Minor's Rights: Grappell v. Miami-Dade County Public School Board Introduction In the case of Jennifer Grappell v. Miami-Dade County Public School Board, the United...

Upholding the Admissibility of Wiretap Evidence and Forfeiture Orders in Complex Market Manipulation Conspiracies

Date: Feb 27, 2021

Upholding the Admissibility of Wiretap Evidence and Forfeiture Orders in Complex Market Manipulation Conspiracies Introduction In the case of United States of America v. William A. Goldstein and Marc...

Procedural Default Bar Affirmed in Ineffective Assistance of Counsel Claim

Date: Feb 26, 2021

Procedural Default Bar Affirmed in Ineffective Assistance of Counsel Claim Introduction In the case of Charles Gregory Clark v. Commissioner, Alabama Department of Corrections (988 F.3d 1326), the...

Derivative Jurisdiction Does Not Extend to Personal Jurisdiction: Reynolds v. Behrman Capital et al.

Date: Feb 24, 2021

Derivative Jurisdiction Does Not Extend to Personal Jurisdiction: Reynolds v. Behrman Capital et al. Introduction In Reynolds v. Behrman Capital IV L.P., et al., the United States Court of Appeals...

Affirmation of Summary Judgment in Copyright Infringement: Dubay v. King

Date: Feb 24, 2021

Affirmation of Summary Judgment in Copyright Infringement: Dubay v. King Introduction The case of Benjamin Michael Dubay et al. v. Stephen King et al. centers around allegations of copyright...

Validating Special Assessments: PBT Real Estate v. Town of Palm Beach

Date: Feb 23, 2021

Validating Special Assessments: PBT Real Estate v. Town of Palm Beach Introduction In PBT Real Estate, LLC v. Town of Palm Beach, the United States Court of Appeals for the Eleventh Circuit addressed...

Affirmation of Healthcare Fraud and Controlled Substance Dispensing Convictions in United States v. Abovyan

Date: Feb 23, 2021

Affirmation of Healthcare Fraud and Controlled Substance Dispensing Convictions in United States v. Abovyan Introduction In the landmark case of United States of America v. Arman Abovyan, adjudicated...

Enhanced Materiality Standards and Corporate Veil Piercing in FCA Qui Tam Actions: Insights from United States v. Bibby & Donnelly

Date: Feb 18, 2021

Enhanced Materiality Standards and Corporate Veil Piercing in FCA Qui Tam Actions: Insights from United States v. Bibby & Donnelly Introduction The case of United States of America ex rel. v. Bibby &...

Affirmation of the Mergens Rule: Settling Fraud Claims Limits Subsequent Fraud Litigation

Date: Feb 17, 2021

Affirmation of the Mergens Rule: Settling Fraud Claims Limits Subsequent Fraud Litigation Introduction The case of The Affiliati Network, Inc., Sanjay Palta v. Joseph Wanamaker, FitCrewUSA Inc.,...

Proper Weighting of Medical Opinions in Social Security Disability Determinations: Insights from Walker v. SSA

Date: Feb 12, 2021

Proper Weighting of Medical Opinions in Social Security Disability Determinations: Insights from Walker v. SSA Introduction The case of John Dixon Walker Jr. v. Social Security Administration,...