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  • Commentaries
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11th Circuit Case Commentaries

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)...
United States v. Shelton: Establishing the Advisory Nature of Federal Sentencing Guidelines Post-Booker

United States v. Shelton: Establishing the Advisory Nature of Federal Sentencing Guidelines Post-Booker

Date: Feb 26, 2005
United States v. Shelton: Establishing the Advisory Nature of Federal Sentencing Guidelines Post-Booker Introduction The case of United States of America v. Terrance Shelton (400 F.3d 1325)...
Application of Daubert Standard in Toxic Tort Claims: Affirmation of Summary Judgment

Application of Daubert Standard in Toxic Tort Claims: Affirmation of Summary Judgment

Date: Feb 25, 2005
Application of Daubert Standard in Toxic Tort Claims: Affirmation of Summary Judgment Introduction In the appellate case Kathryn Rink et al. v. Cheminova, Inc. et al., the United States Court of...
Qualified and Eleventh Amendment Immunity in Jail Abuse Cases: Analysis of Purcell v. Toombs County

Qualified and Eleventh Amendment Immunity in Jail Abuse Cases: Analysis of Purcell v. Toombs County

Date: Feb 25, 2005
Qualified and Eleventh Amendment Immunity in Jail Abuse Cases: Analysis of Purcell v. Toombs County Introduction The case of Mollie Jo Purcell v. Toombs County revolves around the tragic beating of...
Application of Booker's Advisory Sentencing Guidelines and Plain Error Analysis in Duncan v. United States

Application of Booker's Advisory Sentencing Guidelines and Plain Error Analysis in Duncan v. United States

Date: Feb 25, 2005
Application of Booker's Advisory Sentencing Guidelines and Plain Error Analysis in Duncan v. United States Introduction United States of America v. Marco D. Duncan, 400 F.3d 1297 (11th Cir. 2005),...
Establishing Genuine Agency Relationships: Eleventh Circuit Upholds U-Haul's Shield Against Sherman Act Resale Price Maintenance Claims

Establishing Genuine Agency Relationships: Eleventh Circuit Upholds U-Haul's Shield Against Sherman Act Resale Price Maintenance Claims

Date: Feb 23, 2005
Establishing Genuine Agency Relationships: Eleventh Circuit Upholds U-Haul's Shield Against Sherman Act Resale Price Maintenance Claims Introduction The case of D.L. Day, et al. v. John T. Taylor, et...
Affordable Legal Representation Under 42 U.S.C. § 406(b): Analysis of Yarnevic v. Apfel

Affordable Legal Representation Under 42 U.S.C. § 406(b): Analysis of Yarnevic v. Apfel

Date: Feb 19, 2005
Affordable Legal Representation Under 42 U.S.C. § 406(b): Analysis of Yarnevic v. Apfel Introduction In the landmark case of Yarnevic v. Apfel, 359 F. Supp. 2d 1363 (2005), the United States District...
Compensation Differential Recognized as Adverse Employment Action in Title VII Race Discrimination Case

Compensation Differential Recognized as Adverse Employment Action in Title VII Race Discrimination Case

Date: Feb 19, 2005
Compensation Differential Recognized as Adverse Employment Action in Title VII Race Discrimination Case Introduction In Thalia S. Gillis v. Georgia Department of Corrections, the United States Court...
Enforceability of Arbitration Agreements and Class Action Waivers in Payday Lending Transactions Under the FAA: Jenkins v. First American Cash Advance of Georgia

Enforceability of Arbitration Agreements and Class Action Waivers in Payday Lending Transactions Under the FAA: Jenkins v. First American Cash Advance of Georgia

Date: Feb 19, 2005
Enforceability of Arbitration Agreements and Class Action Waivers in Payday Lending Transactions Under the FAA: Jenkins v. First American Cash Advance of Georgia Introduction In the landmark...
Affirmation of Non-Retroactive Application of Booker and Blakely in Collateral § 2255 Review: Varela v. United States

Affirmation of Non-Retroactive Application of Booker and Blakely in Collateral § 2255 Review: Varela v. United States

Date: Feb 18, 2005
Affirmation of Non-Retroactive Application of Booker and Blakely in Collateral § 2255 Review: Varela v. United States Introduction Varela v. United States is a pivotal case that addresses the...
U.S. v. Rodriguez: Clarifying Sentencing Enhancements and the Plain Error Standard Post-Booker

U.S. v. Rodriguez: Clarifying Sentencing Enhancements and the Plain Error Standard Post-Booker

Date: Feb 5, 2005
U.S. v. Rodriguez: Clarifying Sentencing Enhancements and the Plain Error Standard Post-Booker Introduction In the case of United States of America v. Vladimir Rodriguez (398 F.3d 1291), the United...
Defining 'Use' of Firearm in Drug Trafficking under 18 U.S.C. § 924(c): Montano v. USA

Defining 'Use' of Firearm in Drug Trafficking under 18 U.S.C. § 924(c): Montano v. USA

Date: Feb 5, 2005
Defining 'Use' of Firearm in Drug Trafficking under 18 U.S.C. § 924(c): Montano v. USA Introduction Montano v. United States, 398 F.3d 1276 (11th Cir. 2005), is a pivotal case that explores the...
Mandating Arbitration for Non-Transportation Interstate Employees: Hill v. Rent-A-Center

Mandating Arbitration for Non-Transportation Interstate Employees: Hill v. Rent-A-Center

Date: Feb 5, 2005
Mandating Arbitration for Non-Transportation Interstate Employees: Hill v. Rent-A-Center Introduction In Hill v. Rent-A-Center, Inc., the United States Court of Appeals for the Eleventh Circuit...
Validation of Exculpatory Clauses in Fitness Programs: Upholding Liability Waivers under Georgia Law

Validation of Exculpatory Clauses in Fitness Programs: Upholding Liability Waivers under Georgia Law

Date: Feb 2, 2005
Validation of Exculpatory Clauses in Fitness Programs: Upholding Liability Waivers under Georgia Law Introduction The case of Daniel D. Flood, Individually and as the Administrator of the Estate of...
Affirming Clemons and AEDPA in Death Sentence Habeas Corpus: HERRING v. STATE

Affirming Clemons and AEDPA in Death Sentence Habeas Corpus: HERRING v. STATE

Date: Feb 1, 2005
Affirming Clemons and AEDPA in Death Sentence Habeas Corpus: HERRING v. STATE Introduction Ted Herring, the petitioner-appellant, filed a habeas corpus petition challenging his 1982 state-court...
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Rubbo

Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Rubbo

Date: Jan 22, 2005
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Rubbo Introduction United States of America v. Angela Ann Rubbo is a pivotal case decided by the United States...
Retroactivity of Constitutional Rules in Successive §2255 Motions: Analysis of In re: Jerry J. Anderson

Retroactivity of Constitutional Rules in Successive §2255 Motions: Analysis of In re: Jerry J. Anderson

Date: Jan 22, 2005
Retroactivity of Constitutional Rules in Successive §2255 Motions: Analysis of In re: Jerry J. Anderson Introduction In re: Jerry J. Anderson (396 F.3d 1336) is a pivotal case adjudicated by the...
Eleventh Circuit Establishes Arbitration Precedence in Seamen Employment Contracts Over FAA Exemption

Eleventh Circuit Establishes Arbitration Precedence in Seamen Employment Contracts Over FAA Exemption

Date: Jan 19, 2005
Eleventh Circuit Establishes Arbitration Precedence in Seamen Employment Contracts Over FAA Exemption Introduction The case of Rizalyn Bautista, Individually and as Personal Representative of the...
Expanding Commerce Clause Jurisdiction: Upholding 18 U.S.C. §247 in United States v. Ballinger

Expanding Commerce Clause Jurisdiction: Upholding 18 U.S.C. §247 in United States v. Ballinger

Date: Jan 11, 2005
Expanding Commerce Clause Jurisdiction: Upholding 18 U.S.C. §247 in United States v. Ballinger Introduction United States of America v. Jay Scott Ballinger, 395 F.3d 1218 (11th Cir. 2005), is a...
Voluntary Consent and Circumstantial Evidence in Drug Conspiracy Convictions: Pineiro v. United States

Voluntary Consent and Circumstantial Evidence in Drug Conspiracy Convictions: Pineiro v. United States

Date: Jan 8, 2005
Voluntary Consent and Circumstantial Evidence in Drug Conspiracy Convictions: Pineiro v. United States Introduction United States v. Pineiro is a pivotal case adjudicated by the United States Court...
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