11th Circuit Case Commentaries

Affirmation of AEDPA Deference in Ineffective Assistance of Counsel Claims: Franks v. GDCP Warden

Date: Sep 17, 2020

Affirmation of AEDPA Deference in Ineffective Assistance of Counsel Claims: Franks v. GDCP Warden Introduction Franks v. GDCP Warden (975 F.3d 1165, 11th Cir. 2020) addresses critical issues...

Discriminatory Peremptory Challenges and Procedural Defaults in Ledford v. Warden

Date: Sep 16, 2020

Discriminatory Peremptory Challenges and Procedural Defaults in Ledford v. Warden Introduction Ledford v. Warden, 975 F.3d 1145 (11th Cir. 2020), is a pivotal case addressing the application of...

Clarifying Favorable Termination in Malicious Prosecution Claims under the Fourth Amendment

Date: Sep 16, 2020

Clarifying Favorable Termination in Malicious Prosecution Claims under the Fourth Amendment Introduction The case of Demetrius Rashard Luke v. Jameel Gulley, adjudicated by the United States Court of...

Restoring Voting Rights to Indigent Felons: 11th Circuit Upholds Florida's Legal Financial Obligations

Date: Sep 12, 2020

Restoring Voting Rights to Indigent Felons: 11th Circuit Upholds Florida's Legal Financial Obligations Introduction The case of KELVIN LEON JONES, ROSEMARY MCCOY, et al. v. GOVERNOR OF FLORIDA,...

Clarifying Sentence Reduction Authority under the First Step Act: United States v. Cain

Date: Sep 11, 2020

Clarifying Sentence Reduction Authority under the First Step Act: United States v. Cain Introduction The case of United States of America v. Johnny Elenzie Cain serves as a pivotal reference in...

Enhancing the Availability of Administrative Remedies: Insights from Geter v. Baldwin State Prison

Date: Sep 11, 2020

Enhancing the Availability of Administrative Remedies: Insights from Geter v. Baldwin State Prison Introduction Geter v. Baldwin State Prison, 974 F.3d 1348 (11th Cir. 2020), is a pivotal case that...

Eleventh Circuit Reinforces Strict Adherence to Exhaustion of Administrative Remedies under PLRA in Jenkins v. GCI

Date: Sep 10, 2020

Eleventh Circuit Reinforces Strict Adherence to Exhaustion of Administrative Remedies under PLRA in Jenkins v. GCI Introduction In the case of Juan L. Jenkins, Plaintiff-Appellant v. Gulf...

Establishing Good Faith Defense in Copyright Misrepresentation under 17 U.S.C. § 512(f)

Date: Sep 5, 2020

Establishing Good Faith Defense in Copyright Misrepresentation under 17 U.S.C. § 512(f) Introduction The case Shirley Johnson v. New Destiny Christian Center Church, Inc. addresses significant legal...

Eleventh Circuit Expands Medicare Secondary Payer Act Reach to Downstream Actors

Date: Sep 5, 2020

Eleventh Circuit Expands Medicare Secondary Payer Act Reach to Downstream Actors Introduction In the landmark case MSP Recovery Claims, Series LLC v. ACE American Insurance Company, decided on...

Qualified Immunity and Excessive Force: Cantu v. City of Dothan

Date: Sep 4, 2020

Qualified Immunity and Excessive Force: Cantu v. City of Dothan Introduction Cantu v. City of Dothan, Alabama is a pivotal case decided by the United States Court of Appeals for the Eleventh Circuit...

Defining Standing and Political Questions in Ballot Order Challenges: The Jacobson Case

Date: Sep 4, 2020

Defining Standing and Political Questions in Ballot Order Challenges: The Jacobson Case Introduction In Jacobs v. Florida Secretary of State, the United States Court of Appeals for the Eleventh...

Affirmation of Limited Public Figure Status and Employee-Equivalent Doctrine in Defamation Action

Date: Sep 3, 2020

Affirmation of Limited Public Figure Status and Employee-Equivalent Doctrine in Defamation Action Introduction The case of Shkelzen Berisha v. Guy Lawson et al. (973 F.3d 1304) pertains to a...

Eighth Amendment and Hepatitis C Treatment in Florida Prisons: Eleventh Circuit Sets New Precedent

Date: Sep 1, 2020

Eighth Amendment and Hepatitis C Treatment in Florida Prisons: Eleventh Circuit Sets New Precedent Introduction In the landmark case of Carl Hoffer, Individually and on behalf of a class of persons...

Affirmation that Untimely Dismissals Constitute Favorable Terminations in Fourth Amendment Malicious Prosecution Claims

Date: Aug 29, 2020

Affirmation that Untimely Dismissals Constitute Favorable Terminations in Fourth Amendment Malicious Prosecution Claims Introduction In the case of JOY LASKAR, PH.D., Plaintiff-Appellant, v. PHILLIP...

Cisneros v. Petland: Clarifying RICO's Association-in-Fact and Pattern Requirements

Date: Aug 26, 2020

Cisneros v. Petland: Clarifying RICO's Association-in-Fact and Pattern Requirements Introduction In the landmark case Rosalba Cisneros v. Petland, Inc. (972 F.3d 1204), the United States Court of...

Affirmation of Dismissal in Henderson v. City of Birmingham: Implications for Title VII Claims

Date: Aug 26, 2020

Affirmation of Dismissal in Henderson v. City of Birmingham: Implications for Title VII Claims Introduction In the case of Erik Henderson v. City of Birmingham, Alabama, the United States Court of...

Eleventh Circuit Affirms: No Change-of-Circumstances Required for Chapter 13 Plan Modifications under 11 U.S.C. §1329

Date: Aug 26, 2020

No Change in Circumstances Needed for Chapter 13 Plan Modifications under 11 U.S.C. §1329: Eleventh Circuit Decision Introduction The Eleventh Circuit Court of Appeals delivered a significant ruling...

Clarifying the Discretionary-Function Exception: Foster Logging, Inc. v. United States

Date: Aug 25, 2020

Clarifying the Discretionary-Function Exception: Foster Logging, Inc. v. United States Introduction The case of Foster Logging, Inc., American Guarantee & Liability Insurance Company, as subrogee of...

Mueller Group LLC v. Hill et al.: Defining "Layoff" and "Permanent Shutdown" under ERISA

Date: Aug 25, 2020

Mueller Group LLC v. Hill et al.: Defining "Layoff" and "Permanent Shutdown" under ERISA Introduction In the case of Mueller Group LLC v. Hill et al., the United States Court of Appeals for the...

_Enhancing Compliance: Upholding Ethical Standards for Debt Relief Agencies in Bankruptcy Proceedings_

Date: Aug 22, 2020

Enhancing Compliance: Upholding Ethical Standards for Debt Relief Agencies in Bankruptcy Proceedings Introduction The case of Law Solutions of Chicago LLC, Upright Law LLC, Mariellen Morrison v. J....