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  • Commentaries
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11th Circuit Case Commentaries

Standing and Third-Party Beneficiaries in Municipal Contract Rescission: BOCHESE v. Town of Ponce Inlet

Standing and Third-Party Beneficiaries in Municipal Contract Rescission: BOCHESE v. Town of Ponce Inlet

Date: Apr 8, 2005
Standing and Third-Party Beneficiaries in Municipal Contract Rescission: BOCHESE v. Town of Ponce Inlet Introduction In the case of Alfred L. BOCHESE, Plaintiff-Appellant, v. TOWN OF PONCE INLET, the...
Eleventh Circuit Clarifies Enforceability of Employee Non-Solicitation Covenants Under Georgia Law

Eleventh Circuit Clarifies Enforceability of Employee Non-Solicitation Covenants Under Georgia Law

Date: Apr 2, 2005
Eleventh Circuit Clarifies Enforceability of Employee Non-Solicitation Covenants Under Georgia Law Introduction The case of Palmer Cay, Inc. v. Marsh McLennan Companies, Inc., 404 F.3d 1297 (11th...
Strict Compliance with Expert Witness Protocols and Evidentiary Standards in Warranty Breach: Fedrick v. Mercedes-Benz USA

Strict Compliance with Expert Witness Protocols and Evidentiary Standards in Warranty Breach: Fedrick v. Mercedes-Benz USA

Date: Mar 29, 2005
Strict Compliance with Expert Witness Protocols and Evidentiary Standards in Warranty Breach: Fedrick v. Mercedes-Benz USA Introduction In the landmark case of Betty Fedrick v. Mercedes-Benz USA,...
Schiavo v. Schiavo: Establishing Standards for Emergency Injunctive Relief in Life-Sustaining Treatment Cases

Schiavo v. Schiavo: Establishing Standards for Emergency Injunctive Relief in Life-Sustaining Treatment Cases

Date: Mar 26, 2005
Schiavo v. Schiavo: Establishing Standards for Emergency Injunctive Relief in Life-Sustaining Treatment Cases Introduction The case of Theresa Marie Schindler Schiavo v. Michael Schiavo represents a...
Eleventh Circuit Reinforces Law-of-the-Case Doctrine and Clarifies State Actor Status in Schiavo Temporary Restraining Order Denial

Eleventh Circuit Reinforces Law-of-the-Case Doctrine and Clarifies State Actor Status in Schiavo Temporary Restraining Order Denial

Date: Mar 26, 2005
Eleventh Circuit Reinforces Law-of-the-Case Doctrine and Clarifies State Actor Status in Schiavo Temporary Restraining Order Denial Introduction The case of Theresa Marie Schindler Schiavo v. Michael...
Affirmation of Federal Firearm Regulations: United States v. Michael Peters

Affirmation of Federal Firearm Regulations: United States v. Michael Peters

Date: Mar 25, 2005
Affirmation of Federal Firearm Regulations: United States v. Michael Peters Introduction United States of America v. Michael Peters (403 F.3d 1263), adjudicated by the United States Court of Appeals,...
Affirmation of Armed Career Criminal Sentencing and Probable Cause in Disorderly Conduct Arrest

Affirmation of Armed Career Criminal Sentencing and Probable Cause in Disorderly Conduct Arrest

Date: Mar 24, 2005
Affirmation of Armed Career Criminal Sentencing and Probable Cause in Disorderly Conduct Arrest Introduction In United States v. Daniel J. Lyons, Jr., 403 F.3d 1248 (11th Cir. 2005), the United...
Revolutionizing First Amendment Protections: The Dennis Cooper v. Dillon Decision

Revolutionizing First Amendment Protections: The Dennis Cooper v. Dillon Decision

Date: Mar 23, 2005
Revolutionizing First Amendment Protections: The Dennis Cooper v. Dillon Decision Introduction In the landmark case of Dennis Reeves Cooper v. Gordon A. Dillon, the United States Court of Appeals for...
Ripeness Doctrine in Zoning Ordinance Challenges: National Advertising Co. v. City of Miami

Ripeness Doctrine in Zoning Ordinance Challenges: National Advertising Co. v. City of Miami

Date: Mar 22, 2005
Ripeness Doctrine in Zoning Ordinance Challenges: National Advertising Co. v. City of Miami Introduction The case of National Advertising Co., a Delaware corporation, Plaintiff-Appellant, v. City of...
Mootness of Zoning Ordinance Challenges: National Advertising Co. v. City of Miami

Mootness of Zoning Ordinance Challenges: National Advertising Co. v. City of Miami

Date: Mar 22, 2005
Mootness of Zoning Ordinance Challenges: National Advertising Co. v. City of Miami Introduction National Advertising Co., Plaintiff-Appellant, v. City of Miami, Miami-Dade County, Florida,...
Clarifying ERISA Fiduciary Duties: Commentary on Mass Mutual Life Insurance Co. v. Cotton & Eickhoff

Clarifying ERISA Fiduciary Duties: Commentary on Mass Mutual Life Insurance Co. v. Cotton & Eickhoff

Date: Mar 17, 2005
Clarifying ERISA Fiduciary Duties: Commentary on Massachusetts Mutual Life Insurance Co. v. Cotton & Eickhoff Introduction In the case of James P. Cotton, Jr., Gerald Eickhoff, Plaintiffs-Appellees...
Diaz v. Department of Corrections: Upholding Counsel Effectiveness Standards in Habeas Corpus Appeals

Diaz v. Department of Corrections: Upholding Counsel Effectiveness Standards in Habeas Corpus Appeals

Date: Mar 15, 2005
Diaz v. Department of Corrections: Upholding Counsel Effectiveness Standards in Habeas Corpus Appeals Introduction Angel Nieves Diaz was convicted of multiple felonies, including first-degree murder,...
Affirmation of Equitable Tolling and Indirect Liability under ATCA and TVPA in Cabello v. Fernández-Larios (11th Cir., 2005)

Affirmation of Equitable Tolling and Indirect Liability under ATCA and TVPA in Cabello v. Fernández-Larios (11th Cir., 2005)

Date: Mar 15, 2005
Affirmation of Equitable Tolling and Indirect Liability under ATCA and TVPA in Cabello v. Fernández-Larios (11th Cir., 2005) Introduction Cabello v. Fernández-Larios, 402 F.3d 1148 (11th Cir. 2005),...
Eleventh Circuit Affirms Discretion to Extend Service Deadlines Under Fed. R. Civ. P. 4(m)

Eleventh Circuit Affirms Discretion to Extend Service Deadlines Under Fed. R. Civ. P. 4(m)

Date: Mar 12, 2005
Eleventh Circuit Affirms Discretion to Extend Service Deadlines Under Fed. R. Civ. P. 4(m) Introduction The case of Jeannie A. Horenkamp v. Van Winkle and Company, Inc. (402 F.3d 1129) adjudicated by...
Eleventh Circuit Clarifies 18 U.S.C. § 924(c): Predicate Offense Not Necessary for Firearm-Related Convictions

Eleventh Circuit Clarifies 18 U.S.C. § 924(c): Predicate Offense Not Necessary for Firearm-Related Convictions

Date: Mar 12, 2005
Eleventh Circuit Clarifies 18 U.S.C. § 924(c): Predicate Offense Not Necessary for Firearm-Related Convictions Introduction In the landmark case of United States v. Frye, 402 F.3d 1123 (11th Cir....
Foreseeability and Deliberate Indifference in §1983 Claims: Insights from Louise Cook v. Sheriff of Monroe County

Foreseeability and Deliberate Indifference in §1983 Claims: Insights from Louise Cook v. Sheriff of Monroe County

Date: Mar 11, 2005
Foreseeability and Deliberate Indifference in §1983 Claims: Insights from Louise Cook v. Sheriff of Monroe County Introduction The case of Louise Cook, as Personal Representative of the Estate of...
Affirmation of Summary Judgment in Employment Discrimination: Morris v. Emory Clinic

Affirmation of Summary Judgment in Employment Discrimination: Morris v. Emory Clinic

Date: Mar 9, 2005
Affirmation of Summary Judgment in Employment Discrimination: Morris v. Emory Clinic Introduction Morris v. Emory Clinic, 402 F.3d 1076 (11th Cir. 2005), is a significant case addressing allegations...
Enhancing Credibility Assessments in Asylum Proceedings: Insights from Chesnel Forgue v. U.S. Attorney General

Enhancing Credibility Assessments in Asylum Proceedings: Insights from Chesnel Forgue v. U.S. Attorney General

Date: Mar 8, 2005
Enhancing Credibility Assessments in Asylum Proceedings: Insights from Chesnel Forgue v. U.S. Attorney General 1. Introduction The case of Chesnel Forgue v. U.S. Attorney General (401 F.3d 1282, 11th...
Eleventh Circuit Upholds Georgia's Mandatory DNA Profiling of Incarcerated Felons

Eleventh Circuit Upholds Georgia's Mandatory DNA Profiling of Incarcerated Felons

Date: Mar 5, 2005
Eleventh Circuit Upholds Georgia's Mandatory DNA Profiling of Incarcerated Felons Introduction In the landmark case of Roy Padgett, et al. v. James E. Donald, the United States Court of Appeals for...
Establishing Limits on Asylum Claims: Insights from Sepulveda v. U.S. Attorney General

Establishing Limits on Asylum Claims: Insights from Sepulveda v. U.S. Attorney General

Date: Mar 3, 2005
Establishing Limits on Asylum Claims: Insights from Sepulveda v. U.S. Attorney General Introduction The case of Joana Claudia Sepulveda v. U.S. Attorney General (401 F.3d 1226, 11th Cir. 2005)...
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