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  • Commentaries
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11th Circuit Case Commentaries

Eleventh Circuit Clarifies Statute of Limitations and Federal Preemption in Tobacco Wrongful Death Case

Eleventh Circuit Clarifies Statute of Limitations and Federal Preemption in Tobacco Wrongful Death Case

Date: Mar 30, 2004
Eleventh Circuit Clarifies Statute of Limitations and Federal Preemption in Tobacco Wrongful Death Case Introduction In the landmark case of Paul L. SPAIN v. BROWN WILLIAMSON TOBACCO CORPoration et...
Maintaining Sentential Integrity: Eleventh Circuit Affirms Rule 36 for Clerical Corrections Without Defendant Presence

Maintaining Sentential Integrity: Eleventh Circuit Affirms Rule 36 for Clerical Corrections Without Defendant Presence

Date: Mar 27, 2004
Maintaining Sentential Integrity: Eleventh Circuit Affirms Rule 36 for Clerical Corrections Without Defendant Presence Introduction In the case of UNITED STATES of America v. Byron Leonel Portillo,...
Substantial Evidence Upholds ALJ's Discrediting of Inconsistent Medical Opinions in Disability Claims

Substantial Evidence Upholds ALJ's Discrediting of Inconsistent Medical Opinions in Disability Claims

Date: Mar 27, 2004
Substantial Evidence Upholds ALJ's Discrediting of Inconsistent Medical Opinions in Disability Claims Introduction Billy D. Crawford, a 53-year-old male with a ministerial college education, filed an...
Reasonable Suspicion and Miranda Rights in Terry Stops: United States v. Acosta

Reasonable Suspicion and Miranda Rights in Terry Stops: United States v. Acosta

Date: Mar 26, 2004
Reasonable Suspicion and Miranda Rights in Terry Stops: United States v. Acosta Introduction In United States v. Jorge Nicolas Acosta, 363 F.3d 1141 (11th Cir. 2004), the United States Court of...
Preemption of State Consumer Protection Laws by the Higher Education Act: Insights from Cary A. Cliff v. OSI Collection Services

Preemption of State Consumer Protection Laws by the Higher Education Act: Insights from Cary A. Cliff v. OSI Collection Services

Date: Mar 26, 2004
Preemption of State Consumer Protection Laws by the Higher Education Act: Insights from Cary A. Cliff v. OSI Collection Services Introduction The case of Cary A. Cliff v. OSI Collection Services,...
Affirmation of Conviction in Waldon: Clarifying Grand Jury Procedures and Death Penalty Sentencing Under the FDPA

Affirmation of Conviction in Waldon: Clarifying Grand Jury Procedures and Death Penalty Sentencing Under the FDPA

Date: Mar 26, 2004
Affirmation of Conviction in Waldon: Clarifying Grand Jury Procedures and Death Penalty Sentencing Under the FDPA Introduction UNITED STATES of America v. Karl T. Waldon, 363 F.3d 1103 (11th Cir....
Enhancement of Alien Smuggling Sentences Under USSG § 2L1.1(b)(5): Insights from United States v. Rodriguez-Lopez

Enhancement of Alien Smuggling Sentences Under USSG § 2L1.1(b)(5): Insights from United States v. Rodriguez-Lopez

Date: Mar 26, 2004
Enhancement of Alien Smuggling Sentences Under USSG § 2L1.1(b)(5): Insights from United States v. Rodriguez-Lopez Introduction In the landmark case United States v. Omar Rodriguez-Lopez, the United...
Lex Loci Contractus Governs Attorneys’ Fees in Insurance Coverage Disputes: PRIME INSURANCE SYNDICATE, INC. v. B.J. HANDLEY TRUCKING, INC.

Lex Loci Contractus Governs Attorneys’ Fees in Insurance Coverage Disputes: PRIME INSURANCE SYNDICATE, INC. v. B.J. HANDLEY TRUCKING, INC.

Date: Mar 25, 2004
Lex Loci Contractus Governs Attorneys’ Fees in Insurance Coverage Disputes: PRIME INSURANCE SYNDICATE, INC. v. B.J. HANDLEY TRUCKING, INC. Introduction The case of Prime Insurance Syndicate, Inc., an...
Reaffirming Due Process in Civil Forfeiture: Haban v. United States

Reaffirming Due Process in Civil Forfeiture: Haban v. United States

Date: Mar 25, 2004
Reaffirming Due Process in Civil Forfeiture: Haban v. United States Introduction The case of UNITED STATES of America v. Stephen Haban presents a significant examination of the standards surrounding...
Eleventh Circuit’s Ruling in SEC v. Scott K. Ginsburg: Clarifying Insider Trading and Tipping Obligations

Eleventh Circuit’s Ruling in SEC v. Scott K. Ginsburg: Clarifying Insider Trading and Tipping Obligations

Date: Mar 20, 2004
Eleventh Circuit’s Ruling in SEC v. Scott K. Ginsburg: Clarifying Insider Trading and Tipping Obligations Introduction The case of United States Securities and Exchange Commission v. Scott K....
Limits on Equitable Tolling in Habeas Corpus Petitions: Diaz v. Secretary for the Department of Corrections

Limits on Equitable Tolling in Habeas Corpus Petitions: Diaz v. Secretary for the Department of Corrections

Date: Mar 11, 2004
Limits on Equitable Tolling in Habeas Corpus Petitions: Diaz v. Secretary for the Department of Corrections Introduction Diaz v. Secretary for the Department of Corrections, 362 F.3d 698 (11th Cir....
Affirming the Establishment Clause: Analysis of McGINLEY v. Gorman et al. (361 F.3d 1328)

Affirming the Establishment Clause: Analysis of McGINLEY v. Gorman et al. (361 F.3d 1328)

Date: Mar 6, 2004
Affirming the Establishment Clause: Analysis of McGINLEY v. Gorman et al. (361 F.3d 1328) Introduction The case of Kelly McGINLEY, Richard C. Dorley, Debra Giles, Plaintiffs-Appellants, v. Gorman...
Strict Adherence to Federal Rule 26(a)(2)(B) in Excessive Force Cases: Insights from Prieto v. Maldor

Strict Adherence to Federal Rule 26(a)(2)(B) in Excessive Force Cases: Insights from Prieto v. Maldor

Date: Mar 5, 2004
Strict Adherence to Federal Rule 26(a)(2)(B) in Excessive Force Cases: Insights from Prieto v. Maldor Introduction Prieto v. Maldor et al. is a landmark case adjudicated by the United States Court of...
Eleventh Circuit Establishes Administrative Exemption for Neighborhood Office Agents under FLSA

Eleventh Circuit Establishes Administrative Exemption for Neighborhood Office Agents under FLSA

Date: Feb 28, 2004
Eleventh Circuit Establishes Administrative Exemption for Neighborhood Office Agents under FLSA Introduction In Hogan et al. v. Allstate Insurance Company, the United States Court of Appeals for the...
Defining Adverse Employment Actions in Title VII and First Amendment Retaliation Claims: Stavropoulos v. E

Defining Adverse Employment Actions in Title VII and First Amendment Retaliation Claims: Stavropoulos v. E

Date: Feb 26, 2004
Defining Adverse Employment Actions in Title VII and First Amendment Retaliation Claims: Stavropoulos v. E Introduction Stavropoulos v. E is a pivotal case adjudicated by the United States Court of...
Permissive Forum Selection Clauses in Maritime Injury Cases: Aung Lin Wai v. Rainbow Holdings

Permissive Forum Selection Clauses in Maritime Injury Cases: Aung Lin Wai v. Rainbow Holdings

Date: Feb 24, 2004
Permissive Forum Selection Clauses in Maritime Injury Cases: Aung Lin Wai v. Rainbow Holdings Introduction The case of Aung Lin Wai v. Rainbow Holdings; M.T.M. Ship Management, Pte., Ltd.; and M.T....
Eleventh Circuit Reinforces Standards on Judicial Recusal, Counsel Conflicts, and Sentencing Mitigation in Habeas Corpus Appeals

Eleventh Circuit Reinforces Standards on Judicial Recusal, Counsel Conflicts, and Sentencing Mitigation in Habeas Corpus Appeals

Date: Feb 19, 2004
Eleventh Circuit Reinforces Standards on Judicial Recusal, Counsel Conflicts, and Sentencing Mitigation in Habeas Corpus Appeals Introduction In the landmark case Kenneth Darcell Quince v. James...
Prosecutorial Absolute Immunity Affirmed in Wrongful Arrest Cases: Rivera v. Leal

Prosecutorial Absolute Immunity Affirmed in Wrongful Arrest Cases: Rivera v. Leal

Date: Feb 12, 2004
Prosecutorial Absolute Immunity Affirmed in Wrongful Arrest Cases: Rivera v. Leal Introduction Rivera v. Leal is a significant appellate case adjudicated by the United States Court of Appeals for the...
Affirming Personal Jurisdiction and Duty to Defend Over Foreign Insurers: Mutual Service v. Frit Industries

Affirming Personal Jurisdiction and Duty to Defend Over Foreign Insurers: Mutual Service v. Frit Industries

Date: Feb 7, 2004
Affirming Personal Jurisdiction and Duty to Defend Over Foreign Insurers: Mutual Service v. Frit Industries Introduction The legal landscape concerning insurance obligations and jurisdictional...
11th Circuit Upholds $125/Hour Cap on Hyde Amendment Attorney's Fees and Reinforces Grand Jury Secrecy Standards in United States v. Aisenberg

11th Circuit Upholds $125/Hour Cap on Hyde Amendment Attorney's Fees and Reinforces Grand Jury Secrecy Standards in United States v. Aisenberg

Date: Feb 7, 2004
11th Circuit Upholds $125/Hour Cap on Hyde Amendment Attorney's Fees and Reinforces Grand Jury Secrecy Standards in United States v. Aisenberg Introduction In United States of America v. Steven B....
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