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  • Commentaries
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11th Circuit Case Commentaries

Affirming the 'Knock and Talk' Exception and Defining Curtilage in Fourth Amendment Jurisprudence: United States v. Taylor

Affirming the 'Knock and Talk' Exception and Defining Curtilage in Fourth Amendment Jurisprudence: United States v. Taylor

Date: Jul 29, 2006
Affirming the 'Knock and Talk' Exception and Defining Curtilage in Fourth Amendment Jurisprudence: United States v. Taylor Introduction United States v. Warren J. Taylor, 458 F.3d 1201 (11th Cir....
Reaffirmation of Congressional Sentencing Policy in Crack vs Powder Cocaine Cases: United States v. Williams

Reaffirmation of Congressional Sentencing Policy in Crack vs Powder Cocaine Cases: United States v. Williams

Date: Jul 22, 2006
Reaffirmation of Congressional Sentencing Policy in Crack vs Powder Cocaine Cases: United States v. Williams Introduction United States v. Aaron Eric Williams, 456 F.3d 1353 (11th Cir. 2006), is a...
Faust v. USA: Affirmation of Sentencing Enhancements Based on Acquitted Conduct Under Advisory Guidelines

Faust v. USA: Affirmation of Sentencing Enhancements Based on Acquitted Conduct Under Advisory Guidelines

Date: Jul 22, 2006
Faust v. USA: Affirmation of Sentencing Enhancements Based on Acquitted Conduct Under Advisory Guidelines Introduction Faust v. United States, 456 F.3d 1342 (11th Cir. 2006), is a significant...
Eleventh Circuit Upholds CDA Immunity in Right of Publicity Case: Almeida v. Amazon.com

Eleventh Circuit Upholds CDA Immunity in Right of Publicity Case: Almeida v. Amazon.com

Date: Jul 19, 2006
Eleventh Circuit Upholds CDA Immunity in Right of Publicity Case: Almeida v. Amazon.com Introduction In the landmark case of Thais Cardoso Almeida v. Amazon.com, Inc., the United States Court of...
Successor Trustees’ Fiduciary Duties and Bankruptcy Court Sanctions: Insights from BONY v. Sunshine-Jr. Stores

Successor Trustees’ Fiduciary Duties and Bankruptcy Court Sanctions: Insights from BONY v. Sunshine-Jr. Stores

Date: Jul 19, 2006
Successor Trustees’ Fiduciary Duties and Bankruptcy Court Sanctions: Insights from BONY v. Sunshine-Jr. Stores Introduction The case of Bank of New York (BONY) v. Sunshine-Jr. Stores, Inc. addresses...
Establishing Good Faith in Fair Use: Eleventh Circuit Affirms USPS's Defense in ISA v. USPS

Establishing Good Faith in Fair Use: Eleventh Circuit Affirms USPS's Defense in ISA v. USPS

Date: Jul 19, 2006
Establishing Good Faith in Fair Use: Eleventh Circuit Affirms USPS's Defense in ISA v. USPS Introduction The case of International Stamp Art, Inc. (ISA) v. United States Postal Service (USPS)...
Fisher v. Ciba Specialty Chemicals: Denial of Class Certification Highlights the Necessity of Class Representative Standing and Rule 23(b)(3) Predominance of Common over Individual Issues

Fisher v. Ciba Specialty Chemicals: Denial of Class Certification Highlights the Necessity of Class Representative Standing and Rule 23(b)(3) Predominance of Common over Individual Issues

Date: Jul 15, 2006
Fisher v. Ciba Specialty Chemicals: Denial of Class Certification Highlights the Necessity of Class Representative Standing and Rule 23(b)(3) Predominance of Common over Individual Issues...
Distinguishing Forfeiture Verdicts from Sentencing Loss Calculations: An Analysis of United States v. Hamaker

Distinguishing Forfeiture Verdicts from Sentencing Loss Calculations: An Analysis of United States v. Hamaker

Date: Jul 15, 2006
Distinguishing Forfeiture Verdicts from Sentencing Loss Calculations: An Analysis of United States v. Hamaker Introduction In United States v. Dewey M. Hamaker, Linda M. Hamaker, Morgan City...
Affirmation of the Federal Nexus in Obstruction of Justice under 18 U.S.C. §1512(b)(3): United States v. Ronda et al.

Affirmation of the Federal Nexus in Obstruction of Justice under 18 U.S.C. §1512(b)(3): United States v. Ronda et al.

Date: Jul 14, 2006
Affirmation of the Federal Nexus in Obstruction of Justice under 18 U.S.C. §1512(b)(3): United States v. Ronda et al. Introduction The case of United States of America v. Oscar Ronda, Jesus Aguero,...
Sentencing Disparities and Equal Protection: Insights from United States v. Jose Jorge Anaya-Castro

Sentencing Disparities and Equal Protection: Insights from United States v. Jose Jorge Anaya-Castro

Date: Jul 13, 2006
Sentencing Disparities and Equal Protection: Insights from United States v. Jose Jorge Anaya-Castro Introduction United States of America v. Jose Jorge Anaya-Castro, 455 F.3d 1249 (11th Cir. 2006),...
Enhancing Sentencing Guidelines: A Comprehensive Analysis of United States v. Martin (455 F.3d 1227)

Enhancing Sentencing Guidelines: A Comprehensive Analysis of United States v. Martin (455 F.3d 1227)

Date: Jul 12, 2006
Enhancing Sentencing Guidelines: A Comprehensive Analysis of United States v. Martin (455 F.3d 1227) Introduction The case of United States v. Michael Martin (455 F.3d 1227) serves as a pivotal...
Affirmation of Money Laundering Conspiracy and Resentencing Guidelines in Light of UNITED STATES v. BOOKER: Analysis of United States v. Martinelli

Affirmation of Money Laundering Conspiracy and Resentencing Guidelines in Light of UNITED STATES v. BOOKER: Analysis of United States v. Martinelli

Date: Jul 11, 2006
Affirmation of Money Laundering Conspiracy and Resentencing Guidelines in Light of UNITED STATES v. BOOKER: Analysis of United States v. Martinelli Introduction In the matter of UNITED STATES of...
Fraudulent Joinder and Statute of Limitations Tolling in Henderson v. Washington National Insurance Company

Fraudulent Joinder and Statute of Limitations Tolling in Henderson v. Washington National Insurance Company

Date: Jul 8, 2006
Fraudulent Joinder and Statute of Limitations Tolling in Henderson v. Washington National Insurance Company Introduction The case of Jacqueline D. Henderson v. Washington National Insurance Company,...
Precedence on Substantial Assistance Departures and Sentencing Factor Misapplication – United States v. Crisp

Precedence on Substantial Assistance Departures and Sentencing Factor Misapplication – United States v. Crisp

Date: Jul 8, 2006
Precedence on Substantial Assistance Departures and Sentencing Factor Misapplication – United States v. Crisp Introduction United States of America v. Michael A. Crisp, 454 F.3d 1285 (11th Cir....
Expansion of Search Warrant Scope in Vehicle Searches: United States v. Tamari

Expansion of Search Warrant Scope in Vehicle Searches: United States v. Tamari

Date: Jul 7, 2006
Expansion of Search Warrant Scope in Vehicle Searches: United States v. Tamari Introduction United States v. Jesus Tamari, 454 F.3d 1259 (11th Cir. 2006), is a pivotal case addressing the scope of...
Eleventh Circuit Establishes §406(b)(1)(A) Permits Attorney's Fees Post-Remand for Social Security Claims

Eleventh Circuit Establishes §406(b)(1)(A) Permits Attorney's Fees Post-Remand for Social Security Claims

Date: Jul 7, 2006
Eleventh Circuit Establishes §406(b)(1)(A) Permits Attorney's Fees Post-Remand for Social Security Claims Introduction In the consolidated appeals of Donald Bergen and James R. Taylor, Jr. against...
Nonapplicability of Continuing Violation Doctrine for Nondiscretionary Duties under the Endangered Species Act

Nonapplicability of Continuing Violation Doctrine for Nondiscretionary Duties under the Endangered Species Act

Date: Jun 29, 2006
Nonapplicability of Continuing Violation Doctrine for Nondiscretionary Duties under the Endangered Species Act Introduction The case of Center for Biological Diversity, Sierra Club, Southern...
Abatement of Litigation and Sovereign Immunity: Insights from ASEDAC v. Panama Canal Commission

Abatement of Litigation and Sovereign Immunity: Insights from ASEDAC v. Panama Canal Commission

Date: Jun 29, 2006
Abatement of Litigation and Sovereign Immunity: Insights from ASEDAC v. Panama Canal Commission Case: ASOCIACION DE EMPLEADOS DEL AREA CANALERA (ASEDAC), Mario Lopez, et al., Plaintiffs-Appellants,...
Affirmation of Exhaustion Requirements in ERISA Fiduciary Breach Claims: Bickley v. Caremark RX, Inc.

Affirmation of Exhaustion Requirements in ERISA Fiduciary Breach Claims: Bickley v. Caremark RX, Inc.

Date: Jun 28, 2006
Affirmation of Exhaustion Requirements in ERISA Fiduciary Breach Claims: Bickley v. Caremark RX, Inc. Introduction In the landmark case Bickley v. Caremark RX, Inc., decided by the United States...
Affirmation of Summary Judgment in FMLA and Retaliation Claims: Drago v. Jenne

Affirmation of Summary Judgment in FMLA and Retaliation Claims: Drago v. Jenne

Date: Jun 28, 2006
Affirmation of Summary Judgment in FMLA and Retaliation Claims: Drago v. Jenne Introduction In the case of Robert Drago v. Ken Jenne, Sheriff of Broward County, Florida, Broward County Sheriff's...
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