11th Circuit Case Commentaries

Limitations on Attorneys' Fees in Consent Decree Modifications: Insights from Michael POTTINGER v. CITY OF MIAMI

Date: Nov 11, 2015

Limitations on Attorneys' Fees in Consent Decree Modifications: Insights from Michael POTTINGER v. CITY OF MIAMI Introduction The case of Michael Pottinger, et al., Plaintiffs, v. City of Miami,...

First Amendment Protections in Public Employment: Analyzing Alves v. Board of Regents of the University System of Georgia

Date: Oct 30, 2015

First Amendment Protections in Public Employment: Analyzing Alves v. Board of Regents of the University System of Georgia Introduction Alves v. Board of Regents of the University System of Georgia is...

Delegation Provisions in Arbitration Agreements: Insights from Parnell v. CashCall

Date: Oct 29, 2015

Delegation Provisions in Arbitration Agreements: Insights from Parnell v. CashCall Introduction The case of Joshua Parnell v. CashCall, Inc. serves as a pivotal judicial decision regarding the...

Affirmation of Summary Judgment in Title VII Race Discrimination Claim: Flowers v. Troup County School District

Date: Oct 17, 2015

Affirmation of Summary Judgment in Title VII Race Discrimination Claim: Flowers v. Troup County School District Introduction The case of Charles Flowers v. Troup County School District centers on...

Affirming Fourth Amendment Protections for Homes: Prohibition of Terry-like Stops Without Consent or Exigent Circumstances in El v. Pederson

Date: Oct 16, 2015

Affirming Fourth Amendment Protections for Homes: Prohibition of Terry-like Stops Without Consent or Exigent Circumstances in El v. Pederson Introduction In the landmark case of El v. Pederson, the...

Effective Assistance of Counsel in Plea Agreements: Insights from Diveroli v. United States

Date: Oct 10, 2015

Effective Assistance of Counsel in Plea Agreements: Insights from Diveroli v. United States Introduction The case of Efraim Diveroli, AEY, Inc. v. United States, adjudicated by the United States...

Arbitrator's Substituted Award Exceeds Authority: Implications for Labor Arbitration

Date: Oct 8, 2015

Arbitrator's Substituted Award Exceeds Authority: Implications for Labor Arbitration Introduction The case of International Brotherhood of Electrical Workers, Local Union 824 v. Verizon Florida, LLC...

Upholding Sentencing Guidelines and Supervised Release Conditions in Child Pornography Case: United States v. Carpenter

Date: Oct 8, 2015

Upholding Sentencing Guidelines and Supervised Release Conditions in Child Pornography Case: United States v. Carpenter Introduction In the landmark case of United States v. Glen Sterling Carpenter,...

Weighting of Medical Evidence in Disability Determinations: Henry v. Commissioner of Social Security

Date: Oct 6, 2015

Weighting of Medical Evidence in Disability Determinations: Henry v. Commissioner of Social Security Introduction In the case of Thomas Scott Henry v. Commissioner of Social Security, decided by the...

Affirmation of Dismissal in Legal Malpractice Claims Under Iqbal and Twombly Standards

Date: Oct 6, 2015

Affirmation of Dismissal in Legal Malpractice Claims Under Iqbal and Twombly Standards Introduction In the case of S. Gregory Hays, Receiver for Lighthouse Financial Partners, LLC v. Page Perry, LLC...

Mandatory Victims Restitution Act Supremacy Over Rule 35(b) Reductions: Insights from United States v. Puentes

Date: Oct 6, 2015

Mandatory Victims Restitution Act Supremacy Over Rule 35(b) Reductions: Insights from United States v. Puentes Introduction The case of United States of America v. Angel Puentes, 803 F.3d 597 (11th...

Enhanced Scrutiny of Medical Opinion Weighting and Record Development in Disability Claims: Analysis of Henry v. Commissioner of Social Security

Date: Oct 6, 2015

Enhanced Scrutiny of Medical Opinion Weighting and Record Development in Disability Claims: Analysis of Henry v. Commissioner of Social Security Introduction The case of Thomas Scott Henry v....

Denson v. United States: Establishing the Binding Nature of Sentencing Guidelines Commentary

Date: Oct 1, 2015

Denson v. United States: Establishing the Binding Nature of Sentencing Guidelines Commentary Introduction Denson v. United States, 804 F.3d 1339 (11th Cir. 2015), represents a pivotal appellate...

Clarifying Restitution Calculations Under the MVRA for Successor Lenders: United States v. Martin

Date: Oct 1, 2015

Clarifying Restitution Calculations Under the MVRA for Successor Lenders: United States v. Martin Introduction United States of America v. Nivis Martin (803 F.3d 581) is a significant appellate...

Exhaustion of Administrative Remedies in Prison Litigation: Insights from Whatley v. Warden

Date: Sep 24, 2015

Exhaustion of Administrative Remedies in Prison Litigation: Insights from Whatley v. Warden Introduction In Whatley v. Warden, Ware State Prison, Shawn Wayne Whatley challenged the dismissal of his...

Advisory Sentencing Guidelines and Vagueness Doctrine Affirmed in United States v. Cal

Date: Sep 22, 2015

Advisory Sentencing Guidelines and Vagueness Doctrine Affirmed in United States v. Cal Introduction In United States v. Calvin Matchett, 802 F.3d 1185 (11th Cir. 2015), the United States Court of...

Clarifying 'Reasonably Equivalent Value' in Constructive Fraudulent Transfers: Insights from In Re PSN USA, Inc. Appeal

Date: Sep 5, 2015

Clarifying 'Reasonably Equivalent Value' in Constructive Fraudulent Transfers: Insights from In Re PSN USA, Inc. Appeal Introduction In the landmark case In Re: PSN USA, Inc., Debtor, PSN Liquidating...

Reconciling Eighth Amendment Protections and the Prison Litigation Reform Act: Eleventh Circuit's Ruling on Nominal Damages in Brooks v. Wardens

Date: Sep 4, 2015

Reconciling Eighth Amendment Protections and the Prison Litigation Reform Act: Eleventh Circuit's Ruling on Nominal Damages in Brooks v. Wardens Introduction In the landmark case Fred Dalton Brooks...

United States v. Hill: Constructive Firearm Possession and Reassessment of ACCA Violent Felony Eligibility

Date: Aug 27, 2015

United States v. Hill: Constructive Firearm Possession and Reassessment of ACCA Violent Felony Eligibility Introduction United States v. Tywan Hill is a pivotal case adjudicated by the United States...

11th Circuit Affirms Preemption of Florida's Rental Tax on Seminole Reservation Lands

Date: Aug 27, 2015

11th Circuit Affirms Preemption of Florida's Rental Tax on Seminole Reservation Lands Comprehensive Commentary on SEMINOLE TRIBE OF FLORIDA v. Marshall Stranburg Introduction In the landmark case of...