11th Circuit Case Commentaries

Substantial Evidence Standard in Disability Claims: Dyer v. Barnhart Analysis

Date: Jan 6, 2005

Substantial Evidence Standard in Disability Claims: Dyer v. Barnhart Analysis Introduction The case of Bobby Dyer v. Jo Anne B. Barnhart, Commissioner of Social Security Administration serves as a...

Denaturalization Based on Commission of Unlawful Acts During Statutory Period

Date: Jan 5, 2005

Denaturalization Based on Commission of Unlawful Acts During Statutory Period Introduction The case of United States of America v. Lionel Jean-Baptiste serves as a pivotal judicial decision in the...

Crosby v. Monroe County: Affirmation of Qualified Immunity for Law Enforcement Officers

Date: Dec 29, 2004

Crosby v. Monroe County: Affirmation of Qualified Immunity for Law Enforcement Officers Introduction In Crosby v. Monroe County, 394 F.3d 1328 (11th Cir. 2004), the United States Court of Appeals for...

Strict Liability of Cruise Lines for Crew Member Assaults: Doe v. Celebrity Cruises

Date: Dec 23, 2004

Strict Liability of Cruise Lines for Crew Member Assaults: Doe v. Celebrity Cruises Introduction Parties Involved: Plaintiff-Appellant-Cross-Appellee: Jane Doe Defendants-Appellees-Cross-Appellants:...

Narrow Interpretation of 'Advertising Injury' in CGL Policies: State Farm v. Steinberg Establishes Limits on Coverage for Trade Secret Misappropriation

Date: Dec 18, 2004

Narrow Interpretation of 'Advertising Injury' in CGL Policies: State Farm v. Steinberg Establishes Limits on Coverage for Trade Secret Misappropriation Introduction In the landmark case State Farm...

Retaliation Under the ADA: The Affirmative Outcome in Higdon v. Jackson

Date: Dec 17, 2004

Retaliation Under the ADA: The Affirmative Outcome in Higdon v. Jackson Introduction Higdon v. Jackson (393 F.3d 1211), adjudicated by the United States Court of Appeals for the Eleventh Circuit on...

Enhanced Liability Under 18 U.S.C. §2422(b): Insights from United States v. Hornaday

Date: Dec 14, 2004

Enhanced Liability Under 18 U.S.C. §2422(b): Insights from United States v. Hornaday Introduction United States of America v. James P. Hornaday, 392 F.3d 1306 (11th Cir. 2004), addresses critical...

Affirmation of Summary Judgment: Lack of Deliberate Indifference Policy under §1983 in McDowell v. Dekalb County

Date: Dec 9, 2004

Affirmation of Summary Judgment: Lack of Deliberate Indifference Policy under §1983 in McDowell v. Dekalb County Introduction The case of Roderic R. McDowell, Plaintiff-Appellant, v. Pernell Brown,...

Affirmation of Felon’s Firearm Possession: Resisting Arrest as Evidence of Consciousness of Guilt under 18 U.S.C. § 922(g)(1)

Date: Dec 9, 2004

Affirmation of Felon’s Firearm Possession: Resisting Arrest as Evidence of Consciousness of Guilt under 18 U.S.C. § 922(g)(1) Introduction The case of United States of America v. Jesse Wright, Jr....

Standing Requirements in Declaratory Relief: Pauline Koziara v. City of Casselberry

Date: Dec 9, 2004

Standing Requirements in Declaratory Relief: Pauline Koziara v. City of Casselberry Introduction The case of Pauline Koziara v. City of Casselberry centers on the revocation of an adult entertainment...

Habitual Residency and Standard of Review under the Hague Convention: Insights from Ruiz v. Tenorio

Date: Dec 8, 2004

Habitual Residency and Standard of Review under the Hague Convention: Insights from Ruiz v. Tenorio Introduction In the case of Juan Manuel Tenorio Ruiz v. Melissa Marie Green Tenorio, adjudicated in...

Affirmation of Jury Verdict in Bank Fraud Cases: UNITED STATES v. WILLIAMS

Date: Nov 17, 2004

Affirmation of Jury Verdict in Bank Fraud Cases: UNITED STATES v. WILLIAMS Introduction United States v. Brenda J. Williams, 390 F.3d 1319 (11th Cir. 2004), is a significant appellate decision in the...

Affirming the Boundaries of the Crashworthiness Doctrine: Bearint v. Cosco Inc.

Date: Nov 13, 2004

Affirming the Boundaries of the Crashworthiness Doctrine: Bearint v. Cosco Inc. Introduction The case of Edward Bearint, on behalf of his minor child, Kagan Bearint, Amanda Bearint, on behalf of her...

Eleventh Circuit Affirms Denial of Class Certification in Cooper v. Southern Company: Reinforcing Rule 23(a) Standards

Date: Nov 11, 2004

Eleventh Circuit Affirms Denial of Class Certification in Cooper v. Southern Company: Reinforcing Rule 23(a) Standards Introduction In the appellate case Cornelius Cooper et al. v. Southern Company...

Enforceability of Arbitration Clauses in RICO and Non-Par Claims: Klay v. Defendants

Date: Nov 6, 2004

Enforceability of Arbitration Clauses in RICO and Non-Par Claims: Klay v. Defendants 1. Introduction Klay v. Defendants is a significant appellate case decided by the United States Court of Appeals...

Eleventh Circuit Establishes Standards for Implicit Fact Findings and Probable Cause in Civil Forfeiture Cases

Date: Nov 3, 2004

Eleventh Circuit Establishes Standards for Implicit Fact Findings and Probable Cause in Civil Forfeiture Cases Introduction In the case of United States of America v. Deborah Stanford (389 F.3d...

Elian Sanchez v. U.S. Attorney General: Clarifying Standards for Withholding of Removal and Asylum Timeliness

Date: Oct 28, 2004

Elian Sanchez v. U.S. Attorney General: Clarifying Standards for Withholding of Removal and Asylum Timeliness Introduction In the landmark case of Maria Eugenia Elian Sanchez v. U.S. Attorney General...

Elimination of Heightened Pleading Standards for §1983 Claims Against Non-Immune Private Entities: Passmore Swann v. Southern Health Partners

Date: Oct 22, 2004

Elimination of Heightened Pleading Standards for §1983 Claims Against Non-Immune Private Entities: Passmore Swann v. Southern Health Partners Introduction The case of Terry Lee Passmore Swann v....

Credibility Determination in Asylum Claims: D-Muhumed v. U.S. Attorney General

Date: Oct 20, 2004

Credibility Determination in Asylum Claims: D-Muhumed v. U.S. Attorney General Introduction The case of Ismail Abdilahi D-Muhumed v. U.S. Attorney General revolves around D-Muhumed, a Somali...

Magistrate Judges' Authority to Accept Felony Guilty Pleas Affirmed Under FMA – United States v. Woodard

Date: Oct 19, 2004

Magistrate Judges' Authority to Accept Felony Guilty Pleas Affirmed Under FMA – United States v. Woodard Introduction In the case of United States of America v. David Lee Woodard, the United States...

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