11th Circuit Case Commentaries

Enforcing Prompt Notice and Presumptions of Prejudice in Insurance Claims: 11th Circuit Upholds Summary Judgment

Date: Jan 9, 2015

Enforcing Prompt Notice and Presumptions of Prejudice in Insurance Claims: 11th Circuit Upholds Summary Judgment Introduction In the case of The Yacht Club on the Intracoastal Condominium...

Lilly's Burden of Proof in CAFA Jurisdiction Affirmed in Dudley v. Eli Lilly

Date: Dec 30, 2014

Lilly's Burden of Proof in CAFA Jurisdiction Affirmed in Dudley v. Eli Lilly Introduction Dudley v. Eli Lilly and Company, 778 F.3d 909 (11th Cir. 2014), presents a pivotal moment in the...

Reaffirmation of Drug Offense Definitions Without Mens Rea Under ACCA and Sentencing Guidelines: United States v. Tra (775 F.3d 1262)

Date: Dec 23, 2014

Reaffirmation of Drug Offense Definitions Without Mens Rea Under ACCA and Sentencing Guidelines Introduction The case of United States of America v. Tra (775 F.3d 1262) adjudicated by the United...

Eleventh Circuit Affirms Inclusion of Drug Offenses Without Illicit Mens Rea Under ACCA and Sentencing Guidelines

Date: Dec 23, 2014

Eleventh Circuit Affirms Inclusion of Drug Offenses Without Illicit Mens Rea Under ACCA and Sentencing Guidelines Introduction The case of United States of America v. Travis Lamont Smith and Jose G....

Rule 55 "Good Cause" Standard Applied in Setting Aside Default Judgments: Perez v. Wells Fargo

Date: Dec 19, 2014

Rule 55 "Good Cause" Standard Applied in Setting Aside Default Judgments: Perez v. Wells Fargo Introduction The case of Enora Perez, d.b.a. Perez Center, Plaintiff–Appellant, versus Wells Fargo N.A.,...

Eleventh Circuit Affirms Conspiratorial Liability and Sentencing Enhancements in Identity Theft and Tax Fraud Scheme

Date: Dec 18, 2014

Eleventh Circuit Affirms Conspiratorial Liability and Sentencing Enhancements in Identity Theft and Tax Fraud Scheme Introduction In United States of America v. Earnest Baldwin et al., the United...

Collateral Relief Unavailable for Misapplication of Advisory Sentencing Guidelines Absent a Fundamental Defect: Ke v. Spencer

Date: Nov 15, 2014

Collateral Relief Unavailable for Misapplication of Advisory Sentencing Guidelines Absent a Fundamental Defect: Ke v. Spencer Introduction Ke v. Spencer, Petitioner–Appellant, (773 F.3d 1132) is a...

Substantial Evidence Affirms ALJ's Credibility Findings in SSI Denial: Mitchell v. SSA

Date: Nov 11, 2014

Substantial Evidence Affirms ALJ's Credibility Findings in SSI Denial: Mitchell v. SSA Introduction In Mitchell v. Commissioner, Social Security Administration, 771 F.3d 780 (11th Cir. 2014), the...

Affirmation of ALJ's Credibility Determination and Appeals Council's Discretion in SSI Denial

Date: Nov 11, 2014

Affirmation of ALJ's Credibility Determination and Appeals Council's Discretion in SSI Denial Introduction The case of Donnell Mitchell v. Commissioner, Social Security Administration (771 F.3d 780)...

11th Circuit Overturns Barbetta Rule: Imposes Vicarious Liability on Cruise Lines for Onboard Medical Negligence Under Actual and Apparent Agency Theories

Date: Nov 11, 2014

11th Circuit Overturns Barbetta Rule: Imposes Vicarious Liability on Cruise Lines for Onboard Medical Negligence Under Actual and Apparent Agency Theories Introduction In the landmark case of...

HECK v. HUMPHREY Doctrine Clarified: McDowell Bey v. Officer Vega

Date: Oct 18, 2014

HECK v. HUMPHREY Doctrine Clarified: McDowell Bey v. Officer Vega Introduction The case of Corey A. McDowell Bey v. Richard Vega addresses critical issues pertaining to civil rights claims under 42...

Enhancing Due Process in TRIA Executions: Insights from Stansell v. FARC

Date: Oct 17, 2014

Enhancing Due Process in TRIA Executions: Insights from Stansell v. FARC Introduction The case of Keith Stansell, Marc Gonsalves, Thomas Howes, Judith G. Janis, Christopher T. Janis, Greer C. Janis,...

Affirmation of Narrow Associational Standing under ADA and RA: McCullum v. Orlando Regional Healthcare Systems

Date: Oct 4, 2014

Affirmation of Narrow Associational Standing under ADA and RA: McCullum v. Orlando Regional Healthcare Systems Introduction The case of McCullum v. Orlando Regional Healthcare Systems, Inc. (768 F.3d...

Enhanced Scrutiny on ALJ’s Residual Functional Capacity Assessments: Insights from Himes v. Commissioner of Social Security

Date: Sep 27, 2014

Enhanced Scrutiny on ALJ’s Residual Functional Capacity Assessments: Insights from Himes v. Commissioner of Social Security Introduction In the landmark case of James W. Himes v. Commissioner of...

Voluntariness of Guilty Pleas in Postconviction Relief: Winthrop–Redin v. United States

Date: Sep 24, 2014

Voluntariness of Guilty Pleas in Postconviction Relief: Winthrop–Redin v. United States Introduction In the case of Wilson Daniel Winthrop–Redin v. United States, the United States Court of Appeals...

Voluntariness of Guilty Pleas under 28 U.S.C. § 2255: Insights from Winthrop–Redin v. United States

Date: Sep 24, 2014

Voluntariness of Guilty Pleas under 28 U.S.C. § 2255: Insights from Winthrop–Redin v. United States Introduction In the case of Wilson Daniel Winthrop–Redin v. United States, adjudicated by the...

Limitation of ATS Claims and Res Judicata in Heir Litigation: Drummond Company Case

Date: Sep 24, 2014

Limitation of ATS Claims and Res Judicata in Heir Litigation: Drummond Company Case Introduction The case of Freddy Locarno Baloco; Katherine Paola Locarno Baloco, et al. v. Drummond Company, Inc.,...

Enhancing Eighth Amendment Protections: Implications of Curtis Spires v. John Paul on Prison Conditions and Official Liability

Date: Sep 17, 2014

Enhancing Eighth Amendment Protections: Implications of Curtis Spires v. John Paul on Prison Conditions and Official Liability Introduction The case of Curtis Spires, a.k.a. Jimmie Canupp, Jr. v....

Affirmation of Daubert Standards in Products Liability: Chapman v. Procter & Gamble

Date: Sep 12, 2014

Affirmation of Daubert Standards in Products Liability: Chapman v. Procter & Gamble Introduction In Marianne Chapman, Daniel Chapman v. The Procter & Gamble Distributing, LLC, 766 F.3d 1296 (11th...

Affirmation of Summary Judgment in USERRA and ADA Claims: Ward v. UPS

Date: Sep 12, 2014

Affirmation of Summary Judgment in USERRA and ADA Claims: Ward v. UPS Introduction The case of James L. Ward v. United Parcel Service (UPS) addressed significant issues under the Uniformed Services...