11th Circuit Case Commentaries

Eleventh Circuit Reinforces Strict AEDPA Deference in Ineffective Assistance of Counsel Claims

Date: Jan 5, 2019

Eleventh Circuit Reinforces Strict AEDPA Deference in Ineffective Assistance of Counsel Claims Introduction In Meders v. Warden, Georgia Diagnostic Prison, 911 F.3d 1335 (11th Cir. 2019), the United...

Authority of Bankruptcy Courts to Modify Statutory Retiree Benefits Obligations: A Comprehensive Analysis of In Re: Walter Energy, Inc.

Date: Dec 28, 2018

Authority of Bankruptcy Courts to Modify Statutory Retiree Benefits Obligations: A Comprehensive Analysis of In Re: Walter Energy, Inc. Introduction The appellate decision in In Re: Walter Energy,...

Federal Rules Supersede State Anti-SLAPP Statutes in Federal Courts: Eleventh Circuit Affirms

Date: Dec 14, 2018

Federal Rules Supersede State Anti-SLAPP Statutes in Federal Courts: Eleventh Circuit Affirms Introduction The case of Davide M. Carbone v. Cable News Network, Inc., decided on December 13, 2018, by...

Federal Preemption and Lanham Act Claims in Misleading Protein Supplement Labeling: Hi-Tech Pharmaceuticals v. HBS International Corp.

Date: Dec 5, 2018

Federal Preemption and Lanham Act Claims in Misleading Protein Supplement Labeling: Hi-Tech Pharmaceuticals, Inc. v. HBS International Corp. Introduction In Hi-Tech Pharmaceuticals, Inc. v. HBS...

Eleventh Circuit Establishes Liability for Correctional Staff's Gender Misclassification Under §1983

Date: Nov 22, 2018

Eleventh Circuit Establishes Liability for Correctional Staff's Gender Misclassification Under §1983 Introduction In the landmark case of Fior Pichardo De Veloz et al. v. Miami-Dade County et al.,...

Reaffirmation of Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c) in United States v. St. Hubert

Date: Nov 16, 2018

Reaffirmation of Hobbs Act Robbery as a Crime of Violence under 18 U.S.C. § 924(c) in United States v. St. Hubert Introduction In the case of United States of America v. Michael St. Hubert, decided...

Federal Courts Cannot Declare Compassionate Release Eligibility Absent Bureau of Prisons Motion: Orlansky v. FCI Miami Warden

Date: Nov 6, 2018

Federal Courts Cannot Declare Compassionate Release Eligibility Absent Bureau of Prisons Motion: Orlansky v. FCI Miami Warden Introduction The case of Hector Orlansky v. FCI Miami Warden, U.S. Bureau...

Affirmation of Lodestar-Based Reasonableness in FLSA Attorney Fee Awards: Walker v. Iron Sushi

Date: Nov 3, 2018

Affirmation of Lodestar-Based Reasonableness in FLSA Attorney Fee Awards: Walker v. Iron Sushi Introduction The case of Douglas Walker, on behalf of themselves and all others similarly situated,...

Proper Filing Requirements under AEDPA: Insights from Jones v. Florida Dept. of Corrections

Date: Oct 30, 2018

Proper Filing Requirements under AEDPA: Insights from Jones v. Florida Dept. of Corrections Introduction Jones v. Secretary, Florida Department of Corrections, Attorney General, State of Florida (906...

Affirmation of Judicial and Qualified Immunity in Allegations of Modern Debtors' Prison: Eleventh Circuit Decision

Date: Oct 30, 2018

Affirmation of Judicial and Qualified Immunity in Allegations of Modern Debtors' Prison: Eleventh Circuit Decision Introduction The case of McCullough et al. v. City of Montgomery et al. (907 F.3d...

Affirmative Duty of SSA Administrative Law Judges to Resolve VE-DOT Conflicts Established in Washington v. Commissioner of Social Security

Date: Oct 30, 2018

Affirmative Duty of SSA Administrative Law Judges to Resolve VE-DOT Conflicts Established in Washington v. Commissioner of Social Security Introduction The case of Lindell Washington v. Commissioner...

Affirmation of Summary Judgment in Public Employment Discrimination: Hornsby-Culpepper v. Ware

Date: Oct 20, 2018

Affirmation of Summary Judgment in Public Employment Discrimination: Hornsby-Culpepper v. Ware Introduction In the landmark case of Hornsby-Culpepper v. Ware, the United States Court of Appeals for...

Ovalles v. United States: Affirmation of Attempted Carjacking as a Crime of Violence under 18 U.S.C. § 924(c)(3)(A)

Date: Oct 10, 2018

Ovalles v. United States: Affirmation of Attempted Carjacking as a Crime of Violence under 18 U.S.C. § 924(c)(3)(A) Introduction In the landmark case of Irma Ovalles v. United States of America,...

Reaffirming Fourth Amendment Protections: Alcocer v. Mills and Staten

Date: Oct 10, 2018

Reaffirming Fourth Amendment Protections: Alcocer v. Mills and Staten, 11th Cir. 2018 Introduction In the landmark case of Judith Alcocer v. Ashley Mills and John Staten, the United States Court of...

Eleventh Circuit Upholds 18 U.S.C. § 924(c)(3)(B) with Conduct-Based Interpretation

Date: Oct 5, 2018

Eleventh Circuit Upholds 18 U.S.C. § 924(c)(3)(B) with Conduct-Based Interpretation Introduction In the case of Irma Ovalles v. United States of America, 905 F.3d 1231 (11th Cir. 2018), the United...

Finality of State Appellate Review and AEDPA One-Year Limitation: Chamblee v. State of Florida

Date: Sep 29, 2018

Finality of State Appellate Review and AEDPA One-Year Limitation: Chamblee v. State of Florida Introduction Chamblee v. State of Florida (905 F.3d 1192, 11th Cir. 2018) addresses a critical issue in...

Stop-Time Rule Clarified for Lawful Permanent Residents: Barton v. U.S. Attorney General

Date: Sep 26, 2018

Stop-Time Rule Clarified for Lawful Permanent Residents: Barton v. U.S. Attorney General Introduction In the landmark case of Andre Martello Barton v. U.S. Attorney General, the United States Court...

Qualified Immunity and Standing in the Use of Freeze +P by School Resource Officers: Insights from J.W. v. Birmingham Bd. of Educ.

Date: Sep 25, 2018

Qualified Immunity and Standing in the Use of Freeze +P by School Resource Officers: Insights from J.W. v. Birmingham Bd. of Educ. Introduction In J.W., et al. v. Birmingham Board of Education, et...

Interpretation of FINRA Rule 12200: Arbitration Limits for Associated Persons

Date: Sep 25, 2018

Interpretation of FINRA Rule 12200: Arbitration Limits for Associated Persons Introduction The case of Pictet Overseas Inc., et al. v. Helvetia Trust, et al. adjudicated by the United States Court of...

Incontestability Clauses and RICO Claims: A Comprehensive Analysis of Sun Life v. Imperial Holdings

Date: Sep 19, 2018

Incontestability Clauses and RICO Claims: A Comprehensive Analysis of Sun Life v. Imperial Holdings Introduction Overview of the Case The case of Sun Life Assurance Company of Canada v. Imperial...