11th Circuit Case Commentaries

Eleventh Circuit Establishes Limits on Successive §2255 Motions Post-Johnson v. United States

Date: Jun 25, 2016

Eleventh Circuit Establishes Limits on Successive §2255 Motions Post-Johnson v. United States Introduction In the landmark case In re: Edgar Colon, Petitioner (826 F.3d 1301, 11th Cir. 2016), the...

Deliberate Indifference and Qualified Immunity in Eighth Amendment Claims: Insights from Walker D. Bowen v. Prison Officials

Date: Jun 23, 2016

Deliberate Indifference and Qualified Immunity in Eighth Amendment Claims: Insights from Walker D. Bowen v. Prison Officials Introduction In the landmark case of Walker D. Bowen v. Warden, Baldwin...

Hires v. United States: Affirming ACCA Sentence Enhancement Under the Elements Clause Post-Johnson

Date: Jun 16, 2016

Hires v. United States: Affirming ACCA Sentence Enhancement Under the Elements Clause Post-Johnson Introduction In the landmark case of In re: Morris Vernell Hires, Petitioner, 825 F.3d 1297 (11th...

Implicit Temporal Limitations in Mandatory Detention: Sopo v. U.S. Attorney General

Date: Jun 16, 2016

Implicit Temporal Limitations in Mandatory Detention: Sopo v. U.S. Attorney General Introduction Maxi Dinga Sopo v. U.S. Attorney General, 825 F.3d 1199 (11th Cir. 2016), represents a pivotal case...

Enhancement of Firearm-Related Sentences Under 18 U.S.C. § 924(c) Maintained Post-Johnson v. United States

Date: Jun 9, 2016

Enhancement of Firearm-Related Sentences Under 18 U.S.C. § 924(c) Maintained Post-Johnson v. United States Introduction In the appellate case In re: Marckson Saint Fleur, Petitioner, decided on June...

11th Circuit Upholds § 924(c) Conviction in In re Charles Hines: Implications of Johnson v. United States for Successive § 2255 Motions

Date: Jun 9, 2016

11th Circuit Upholds § 924(c) Conviction in In re Charles Hines: Implications of Johnson v. United States for Successive § 2255 Motions Introduction In the case of In re: Charles Hines, Petitioner,...

11th Circuit Affirms Non-Retroactivity of Johnson on Sentencing Guidelines in In re: Marvin Griffin

Date: May 26, 2016

11th Circuit Affirms Non-Retroactivity of Johnson on Sentencing Guidelines in In re: Marvin Griffin Introduction In the case of In re: Marvin Griffin (823 F.3d 1350, 11th Cir. 2016), the United...

Affirmation of Class Certification under FDUTPA for Misleading Vehicle Safety Labels

Date: May 18, 2016

Affirmation of Class Certification under FDUTPA for Misleading Vehicle Safety Labels Introduction In the landmark case of Geri Siano Carriuolo and Peter Bracchi vs. General Motors Company,...

Expanding Effective Assistance: Renard DANIEL v. ALABAMA Dept. of Corrections

Date: May 17, 2016

Expanding Effective Assistance: Renard DANIEL v. ALABAMA Dept. of Corrections Introduction Renard Marcel Daniel v. Commissioner, Alabama Department of Corrections is a pivotal case decided by the...

Eleventh Circuit Limits 'Three Strikes' to Specific Dismissal Grounds under the Prison Litigation Reform Act: Daker v. Commissioner

Date: May 5, 2016

Eleventh Circuit Limits 'Three Strikes' to Specific Dismissal Grounds under the Prison Litigation Reform Act: Daker v. Commissioner Introduction The case of Waseem Daker v. Commissioner, Georgia...

Limits on Police Authority and Qualified Immunity: Insights from Da v. Cartner et al.

Date: May 4, 2016

Limits on Police Authority and Qualified Immunity: Insights from Da v. Cartner et al. Introduction The case of Da v. d CARTER, Clayton Graham, Jr., Mitchell Webster, Plaintiffs–Appellees, adjudicated...

Reinforcing the Four-Factor Test for Preliminary Injunctions in Trademark Infringement: Hoop Culture, Inc. v. GAP Inc.

Date: Apr 29, 2016

Reinforcing the Four-Factor Test for Preliminary Injunctions in Trademark Infringement: Hoop Culture, Inc. v. GAP Inc. Introduction In the case of Hoop Culture, Inc. v. GAP Inc. (648 F. App'x 981,...

Eleventh Circuit Clarifies Standards for Excessive Force and Qualified Immunity in § 1983 Claims

Date: Apr 29, 2016

Eleventh Circuit Clarifies Standards for Excessive Force and Qualified Immunity in § 1983 Claims Introduction The case of Ariel Marantes v. Miami-Dade County et al. (649 F. App'x 665 (11th Cir....

Strict Interpretation of Indemnification Clauses Affirmed in BVS Acquisition Co. v. Brown

Date: Apr 29, 2016

Strict Interpretation of Indemnification Clauses Affirmed in BVS Acquisition Co., LLC v. Brown Introduction The case of BVS Acquisition Co., LLC, a Delaware Limited Liability Company, Arthur W....

Former Gang Membership Excluded from "Particular Social Group" Protections under INA: Analysis of Antonio A. Gonzalez v. U.S. Attorney General

Date: Apr 20, 2016

Former Gang Membership Excluded from "Particular Social Group" Protections under INA: Analysis of Antonio A. Gonzalez v. U.S. Attorney General Introduction In the case of Antonio A. Gonzalez v. U.S....

Affirmation of Knowledge and Intent in False Tax Return and Corrupt Obstruction Cases: United States v. Croteau

Date: Apr 12, 2016

Affirmation of Knowledge and Intent in False Tax Return and Corrupt Obstruction Cases: United States v. Croteau Introduction United States v. Ronald Francis Croteau, adjudicated by the United States...

Affirmation of Summary Judgment in Disability Discrimination Case: Frazier–White v. Da

Date: Apr 8, 2016

Affirmation of Summary Judgment in Disability Discrimination Case: Frazier–White v. Da Introduction The case of Delores Frazier–White v. Da revolves around allegations of disability discrimination...

Affirmation of Summary Judgment in Employment Discrimination Case: Trask & Truitt v. VA

Date: Apr 6, 2016

Affirmation of Summary Judgment in Employment Discrimination Case: Trask & Truitt v. VA Introduction The case of Donna Trask and Anita Truitt v. Secretary, Department of Veterans Affairs addresses...

Affirmation of Summary Judgment in ADA and Title VII Claims: KIRK MEDEARIS v. CVS PHARMACY, INC.

Date: Apr 2, 2016

Affirmation of Summary Judgment in ADA and Title VII Claims: KIRK MEDEARIS v. CVS PHARMACY, INC. Introduction The case of Kirk Medearis v. CVS Pharmacy, Inc. (646 F. App'x 891) was adjudicated by the...

Enhancing Standards for International Service of Process: De Gazelle Group, Inc. v. Tamaz Trading Establishment

Date: Mar 31, 2016

Enhancing Standards for International Service of Process: De Gazelle Group, Inc. v. Tamaz Trading Establishment Introduction In the landmark case of De Gazelle Group, Inc. v. Tamaz Trading...