11th Circuit Case Commentaries

A Comprehensive Analysis of In re International Management Associates, LLC: Establishing Standards for Admissibility of Summarized Evidence in Bankruptcy Proceedings

Date: Mar 20, 2015

Establishing Standards for Admissibility of Summarized Evidence in Bankruptcy Proceedings Introduction The appellate decision in In re International Management Associates, LLC, 781 F.3d 1262 (11th...

Admissibility of Out-of-Court Statements and Prosecutorial Conduct in Murder-for-Hire Cases: Insights from United States v. Rivera

Date: Mar 13, 2015

Admissibility of Out-of-Court Statements and Prosecutorial Conduct in Murder-for-Hire Cases: Insights from United States v. Rivera Introduction The case of United States of America v. Elliot Rivera,...

11th Circuit Establishes Precedent on False Claims Act in Higher Education: Kaplan University's Incentive Compensation Practices

Date: Mar 12, 2015

11th Circuit Establishes Precedent on False Claims Act in Higher Education: Kaplan University's Incentive Compensation Practices Introduction The case of Carlos Urquilla–Diaz, Jude Gillespie, Ben...

False Claims Act Compliance and Pleading Standards: Insights from Diaz/Gillespie v. Kaplan University

Date: Mar 12, 2015

False Claims Act Compliance and Pleading Standards: Insights from Diaz/Gillespie v. Kaplan University, 780 F.3d 1039 (11th Cir. 2015) Introduction In the landmark case Diaz/Gillespie v. Kaplan...

Direct Liability Under the TCPA for Unsolicited Fax Advertisements: Palm Beach Golf Center v. Sarris

Date: Mar 10, 2015

Direct Liability Under the TCPA for Unsolicited Fax Advertisements: Palm Beach Golf Center v. Sarris Introduction In the landmark decision of Palm Beach Golf Center–Boca, Inc. v. John G. Sarris,...

Disclosure of Law Enforcement Chaplain Role Does Not Violate Fed. R. Evid. 610

Date: Mar 6, 2015

Disclosure of Law Enforcement Chaplain Role Does Not Violate Fed. R. Evid. 610 Introduction In the case of United States of America v. Jerry Thomas Davis, decided by the United States Court of...

Affirmation of Statute of Limitations in Eighth Amendment Challenges: Gissendaner v. Commissioner

Date: Mar 3, 2015

Affirmation of Statute of Limitations in Eighth Amendment Challenges: Gissendaner v. Commissioner Introduction In the landmark case of Gissendaner v. Commissioner, 779 F.3d 1275 (11th Cir. 2015), the...

Rodolfo Hernandez v. United States: Establishing Standards for Ineffective Assistance of Counsel in Immigration Consequences

Date: Mar 3, 2015

Rodolfo Hernandez v. United States: Establishing Standards for Ineffective Assistance of Counsel in Immigration Consequences Introduction In the landmark case of Rodolfo Hernandez v. United States,...

Establishing Standards for Frivolous Asylum Applications: Putu Indrawati v. U.S. Attorney General

Date: Mar 3, 2015

Establishing Standards for Frivolous Asylum Applications: Putu Indrawati v. U.S. Attorney General Introduction The case of Putu Indrawati v. U.S. Attorney General (779 F.3d 1284) examines the...

Mootness of Prisoners' Disability Claims Following Transfer: Owens v. FDOC

Date: Feb 27, 2015

Mootness of Prisoners' Disability Claims Following Transfer: Owens v. FDOC Introduction The case of Albert T. Owens v. Secretary, Florida Department of Corrections (FDOC) examines the legal...

Establishing Rigorous Accountability in Medicare Fraud: Insights from United States v. Moran et al.

Date: Feb 18, 2015

Establishing Rigorous Accountability in Medicare Fraud: Insights from United States v. Moran et al. Introduction In the landmark case of United States v. Jacqueline Moran, Anthony Roberts, Derek...

Clarifying the Residual Hearsay Exception: 11th Circuit in Rivers v. United States

Date: Feb 6, 2015

Clarifying the Residual Hearsay Exception: 11th Circuit in Rivers v. United States Introduction The case of Marcus Rivers v. United States (777 F.3d 1306) adjudicated by the United States Court of...

Affirmation of Health Care Fraud and Kickback Conspiracies in United States v. Sosa

Date: Feb 3, 2015

Affirmation of Health Care Fraud and Kickback Conspiracies in United States v. Sosa Introduction In the case of United States of America v. Yosany Sosa, adjudicated by the United States Court of...

Affirmation of Inventory Search Standards in Vehicle Impoundment: United States v. Handy

Date: Jan 31, 2015

Affirmation of Inventory Search Standards in Vehicle Impoundment: United States v. Handy 1. Introduction The case of United States of America v. Natoya Mashea Handy, adjudicated by the United States...

Eleventh Circuit Upholds Conspiracy Convictions: Insights on Good-Faith Exception and Evidentiary Admissibility

Date: Jan 31, 2015

Eleventh Circuit Upholds Conspiracy Convictions: Insights on Good-Faith Exception and Evidentiary Admissibility Introduction In the case of United States of America v. Nathaniel Holt, Jr., Scott W....

Reaffirming Discrete Acts Doctrine in ADA Accommodation Claims: Abram v. Fulton County

Date: Jan 30, 2015

Reaffirming Discrete Acts Doctrine in ADA Accommodation Claims: Abram v. Fulton County Introduction Gloria Abram, proceeding pro se, filed a lawsuit against the Fulton County Government alleging...

Clarification on Premises Liability and Property Rights: Atakora v. Morehouse College

Date: Jan 28, 2015

Clarification on Premises Liability and Property Rights: Atakora v. Morehouse College Introduction In the case of Timbuk Kofi Atakora v. Robert B. Franklin, President, Morehouse College, adjudicated...

Affirmation of Dismissal in Class Action Suit Against Rehabilitation Centers

Date: Jan 27, 2015

Affirmation of Dismissal in Class Action Suit Against Rehabilitation Centers Introduction In the case of Benjamin Burgess et al. v. Religious Technology Center, Inc. et al., the plaintiffs, a group...

Public Disclosure Bar Under the False Claims Act: United States ex rel. Marc Osheroff v. Humana, Inc.

Date: Jan 17, 2015

Public Disclosure Bar Under the False Claims Act: United States ex rel. Marc Osheroff v. Humana, Inc. Introduction In the landmark case United States ex rel. Marc Osheroff v. Humana, Inc. (776 F.3d...

Reaffirming §2244(b) Bar on Successive Habeas Applications: In re Cary Michael Lambrix

Date: Jan 15, 2015

Reaffirming §2244(b) Bar on Successive Habeas Applications: In re Cary Michael Lambrix Introduction In In re Cary Michael Lambrix, 776 F.3d 789 (11th Cir. 2015), the United States Court of Appeals...