11th Circuit Case Commentaries

Reaffirming Ascertainability Standards in Class Action Certification: Karhu v. Vital Pharmaceuticals

Date: Jun 10, 2015

Reaffirming Ascertainability Standards in Class Action Certification: Karhu v. Vital Pharmaceuticals Introduction In the landmark case of Adam Karhu v. Vital Pharmaceuticals, Inc. (621 F. App'x 945,...

Ex Post Facto Protections Upheld in Parole Interview Interval Adjustments

Date: Jun 3, 2015

Ex Post Facto Protections Upheld in Parole Interview Interval Adjustments Introduction In the case of Ben E. Jones v. State of Florida Parole Commission, the United States Court of Appeals for the...

Affirmation of Judicial Discretion in Handling Obstructive Defendants under Rule 43 and Competency Standards

Date: Jun 2, 2015

Affirmation of Judicial Discretion in Handling Obstructive Defendants under Rule 43 and Competency Standards Introduction The case of UNITED STATES of America v. Jean-Daniel Perkins (787 F.3d 1329)...

Affirmation of Involuntary Medication Standards under SELL v. UNITED STATES: Insights from United States v. Ruark

Date: May 28, 2015

Affirmation of Involuntary Medication Standards under SELL v. UNITED STATES: Insights from United States v. Ruark Introduction The case of United States of America v. Mark Joshua Ruark (611 F. App'x...

Effective Assistance of Counsel in Post-Conviction Relief: Insights from Rosin v. United States

Date: May 15, 2015

Effective Assistance of Counsel in Post-Conviction Relief: Insights from Rosin v. United States Introduction Michael A. Rosin v. United States of America, 786 F.3d 873 (11th Cir. 2015), is a pivotal...

Reinforcing Pleading Standards in RICO and Consumer Protection Claims: Insights from Joseph v. Bernstein et al.

Date: May 13, 2015

Reinforcing Pleading Standards in RICO and Consumer Protection Claims: Insights from Joseph v. Bernstein et al. Introduction The case of Joel D. Joseph v. Richard S. Bernstein, Richard S. Bernstein...

Ensuring Comprehensive Review in 28 U.S.C. § 2255 Motions: Insights from Mitchell v. United States

Date: May 9, 2015

Ensuring Comprehensive Review in 28 U.S.C. § 2255 Motions: Insights from Mitchell v. United States Introduction The case of Vincent Vidal Mitchell v. United States of America addresses critical...

Exhaustion of Administrative Remedies in §2241 Habeas Corpus Petitions is Non-Jurisdictional: Santiago–Lugo v. Warden

Date: May 1, 2015

Exhaustion of Administrative Remedies in §2241 Habeas Corpus Petitions is Non-Jurisdictional: Santiago–Lugo v. Warden Introduction Israel Santiago–Lugo v. Warden, 785 F.3d 467 (11th Cir. 2015), is a...

Exhaustion Failure in Federal Sufficiency of the Evidence Claims: Preston v. Florida Department of Corrections

Date: Apr 30, 2015

Exhaustion Failure in Federal Sufficiency of the Evidence Claims: Preston v. Florida Department of Corrections Introduction The case of Robert Anthony Preston, Jr. v. Secretary, Florida Department of...

Functional Equivalence in Supplemental Security Income: Parks v. Commissioner

Date: Apr 21, 2015

Functional Equivalence in Supplemental Security Income: Parks v. Commissioner Introduction Rachel Parks, representing her minor son D.P., appealed the denial of a Supplemental Security Income (SSI)...

Eleventh Circuit Clarifies Exhaustion of Administrative Remedies for Reprisal Grievances under the Prison Litigation Reform Act

Date: Apr 18, 2015

Eleventh Circuit Clarifies Exhaustion of Administrative Remedies for Reprisal Grievances under the Prison Litigation Reform Act Introduction The case of Moliere Dimanche, Jr. v. Jerry Brown et al....

McWane, Inc. v. FTC: Affirmation of Anticompetitive Exclusivity in the Ductile Iron Pipe Fittings Market

Date: Apr 16, 2015

McWane, Inc. v. FTC: Affirmation of Anticompetitive Exclusivity in the Ductile Iron Pipe Fittings Market Introduction The case of McWane, Inc. v. Federal Trade Commission (FTC) revolves around...

Affirming Summary Judgment in Disability Discrimination and Retaliation Claims: Insights from Jackson v. Agency for Persons with Disabilities

Date: Apr 15, 2015

Affirming Summary Judgment in Disability Discrimination and Retaliation Claims: Insights from Jackson v. Agency for Persons with Disabilities Introduction In the landmark case of Linda Jackson v....

Independent Source Rule Validated: Upholding Warrant Admissibility Post Unlawful Initial Entry – United States v. Albury

Date: Apr 10, 2015

Independent Source Rule Validated: Upholding Warrant Admissibility Post Unlawful Initial Entry – United States v. Albury Introduction In United States v. Michael Renard Albury, Jr., the United States...

Limitations on §2241 Petitions Under §2255(e) in Habeas Corpus Review

Date: Apr 1, 2015

Limitations on §2241 Petitions Under §2255(e) in Habeas Corpus Review Introduction In the case of Richard Vieux v. Warden, United States of America (616 F. App'x 891), the United States Court of...

Balancing First Amendment Rights and Public Employment Duties: The Moss v. City of Pembroke Pines Decision

Date: Apr 1, 2015

Balancing First Amendment Rights and Public Employment Duties: The Moss v. City of Pembroke Pines Decision Introduction In Moss v. City of Pembroke Pines (782 F.3d 613, 11th Cir. 2015), the United...

Application of the Federal Tort Claims Act's Discretionary Function and Misrepresentation Exceptions: Zelaya v. Dually

Date: Mar 31, 2015

Application of the Federal Tort Claims Act's Discretionary Function and Misrepresentation Exceptions: Zelaya v. Dually Introduction Zelaya v. Dually (781 F.3d 1315, 11th Cir. 2015) is a pivotal...

11th Circuit Upholds Forum Selection Clause and Dismisses Case Under Forum Non Conveniens in McArthur v. Kerzner International Bahamas Ltd.

Date: Mar 31, 2015

11th Circuit Upholds Forum Selection Clause and Dismisses Case Under Forum Non Conveniens in McArthur v. Kerzner International Bahamas Ltd. Introduction In the case of John C. McArthur and Sandra S....

Rives v. Lahood: Affirmation of Summary Judgment in Federal Employment Discrimination Case

Date: Mar 26, 2015

Rives v. Lahood: Affirmation of Summary Judgment in Federal Employment Discrimination Case United States Court of Appeals for the Eleventh Circuit, 2015 Introduction In the case of John W. Rives v....

Affirmation of Absolute Privilege in Overdraft Reports: RICHARD KEITH ALAN, II v. WELLS FARGO BANK, N.A.

Date: Mar 25, 2015

Affirmation of Absolute Privilege in Overdraft Reports: RICHARD KEITH ALAN, II v. WELLS FARGO BANK, N.A. Introduction The case of Richard Keith Alan II v. Wells Fargo Bank, N.A. (604 F. App'x 863)...