11th Circuit Case Commentaries

Eleventh Circuit Expands Jurisdictional Limits on Immigration Relief Review Under INA §1252(a)(2)(B)(i)

Date: Aug 20, 2020

Eleventh Circuit Expands Jurisdictional Limits on Immigration Relief Review Under INA §1252(a)(2)(B)(i) Introduction In the case of Pankajkumar S. Patel v. United States Attorney General, the United...

Affirmation of Strict Requirements for Expert Testimony and Direct Physical Loss in Insurance Claims: Mama Jo's Inc. v. Sparta Insurance Company

Date: Aug 19, 2020

Affirmation of Strict Requirements for Expert Testimony and Direct Physical Loss in Insurance Claims: Mama Jo's Inc. v. Sparta Insurance Company Introduction The case of Mama Jo's Inc., d/b/a Berries...

Establishing Limits on Personal Jurisdiction and Agency Liability: Diuluses v. American Express Travel

Date: Aug 18, 2020

Establishing Limits on Personal Jurisdiction and Agency Liability: Diuluses v. American Express Travel Related Services Company, Inc. & The Palms Resort Turks & Caicos Ltd. Introduction In the case...

Revolutionizing Medical Damages in Maritime Tort Law: Insights from Higgs v. Costa Crociere S.P.A.

Date: Aug 15, 2020

Revolutionizing Medical Damages in Maritime Tort Law: Insights from Higgs v. Costa Crociere S.P.A. Introduction Higgs v. Costa Crociere S.P.A., adjudicated by the United States Court of Appeals for...

Reaffirming the Boundaries of 'Prior Official Authorization' in Alien Smuggling: United States v. Estrada and Hernandez

Date: Aug 14, 2020

Reaffirming the Boundaries of 'Prior Official Authorization' in Alien Smuggling: United States v. Estrada and Hernandez Introduction The case of United States of America v. Julio Estrada and Bartolo...

Defining Protected Grounds in Asylum Claims: Lingeswaran v. U.S. Attorney General

Date: Aug 14, 2020

Defining Protected Grounds in Asylum Claims: Lingeswaran v. U.S. Attorney General Introduction Lingeswaran v. U.S. Attorney General, 969 F.3d 1278 (11th Cir. 2020), is a pivotal case addressing the...

Eleventh Circuit Clarifies Qualified Immunity Standards for Excessive Force and Deliberate Indifference Claims under the Fourteenth Amendment

Date: Aug 12, 2020

Eleventh Circuit Clarifies Qualified Immunity Standards for Excessive Force and Deliberate Indifference Claims under the Fourteenth Amendment Introduction In the case of Nilesh S. Patel v. Lanier...

Osbourne v. Florida Department of Corrections: Defining Successive Habeas Corpus Petitions under AEDPA

Date: Aug 8, 2020

Osbourne v. Florida Department of Corrections: Defining Successive Habeas Corpus Petitions under AEDPA Introduction The case of Demetrius Osbourne v. Secretary, Florida Department of Corrections (968...

Reaffirming Materiality Standards and Evidentiary Rules in Medicare Fraud: United States v. Melgen

Date: Aug 1, 2020

Reaffirming Materiality Standards and Evidentiary Rules in Medicare Fraud: United States v. Melgen Introduction United States v. Salomon E. Melgen, 967 F.3d 1250 (11th Cir. 2020), is a landmark case...

Proceeding Anonymously in Sexual Assault Litigation: Insights from Doe v. Neverson

Date: Jul 31, 2020

Proceeding Anonymously in Sexual Assault Litigation: Insights from Doe v. Neverson Introduction The case of Jane Doe v. Tremaine Aldon Neverson addresses a pivotal issue in civil litigation: the...

Eleventh Circuit Clarifies Retroactive Applicability of the First Step Act's §403 in United States v. Smith

Date: Jul 31, 2020

Eleventh Circuit Clarifies Retroactive Applicability of the First Step Act's §403 in United States v. Smith Introduction In the landmark case of United States of America v. De Andre Smith, decided on...

Affirmation of Qualified Immunity and Dismissal of Shotgun Pleading in McDowell v. Gonzalez et al.

Date: Jul 31, 2020

Affirmation of Qualified Immunity and Dismissal of Shotgun Pleading in McDowell v. Gonzalez et al. Introduction The case of Christopher Maurice McDowell v. Jose Gonzalez, David Colon, adjudicated by...

Gogel v. Kia Motors: En Banc Reaffirmation of Balancing Test for Title VII Retaliation Claims

Date: Jul 30, 2020

Gogel v. Kia Motors: En Banc Reaffirmation of Balancing Test for Title VII Retaliation Claims Introduction In the case of Andrea Gogel v. Kia Motors Manufacturing of Georgia, Inc., the United States...

Flawed Vocational Expert Testimony Undermines Social Security Disability Determinations: Goode v. Commissioner of Social Security

Date: Jul 29, 2020

Flawed Vocational Expert Testimony Undermines Social Security Disability Determinations Goode v. Commissioner of Social Security, 966 F.3d 1277 (11th Cir. 2020) 1. Introduction In Goode v....

Deliberate Indifference Standard in Eighth Amendment Protections: Mosley v. Zachery

Date: Jul 25, 2020

Deliberate Indifference Standard in Eighth Amendment Protections: Mosley v. Zachery Introduction In the landmark case TOMMY L. MOSLEY, JR., Plaintiff-Appellant, v. LT. TOWANDA ZACHERY, et al. (966...

Carmichael v. United States: Reinforcing the Prejudice Requirement in Ineffective Assistance of Counsel Claims

Date: Jul 23, 2020

Carmichael v. United States: Reinforcing the Prejudice Requirement in Ineffective Assistance of Counsel Claims Introduction Carmichael v. United States is a pivotal case adjudicated by the United...

Reliance on Prior Convictions and Pattern of Abuse in Sentencing: Analysis of United States v. John William Hall

Date: Jul 22, 2020

Reliance on Prior Convictions and Pattern of Abuse in Sentencing: Analysis of United States v. John William Hall Introduction United States of America v. John William Hall is a landmark case...

Affirmation of RFC Determination and Opinion Evidence Assessment in Disability Claims: Figuera v. Commissioner of Social Security

Date: Jul 22, 2020

Affirmation of RFC Determination and Opinion Evidence Assessment in Disability Claims: Figuera v. Commissioner of Social Security Introduction The case of Mileidy Figuera v. Commissioner of Social...

Affirming Dismissal with Prejudice for Impermissible Shotgun Pleadings: Hazens v. City of Holmes Beach

Date: Jul 18, 2020

Affirming Dismissal with Prejudice for Impermissible Shotgun Pleadings: Hazens v. City of Holmes Beach Introduction In the case of Hazens v. City of Holmes Beach, the United States Court of Appeals...

Enhanced Clarity on Miranda Rights Application in Custodial Interrogations: United States v. Deason

Date: Jul 18, 2020

Enhanced Clarity on Miranda Rights Application in Custodial Interrogations: United States v. Deason Introduction United States v. Deason is a pivotal case adjudicated by the United States Court of...