11th Circuit Case Commentaries

Dismissing Defective Mass Tort Claims: Key Insights from In re ENGLE CASES

Date: Sep 11, 2014

Dismissing Defective Mass Tort Claims: Key Insights from In re ENGLE CASES Introduction The case of In re ENGLE CASES 4432 Indi v. dual Tobacco Plaintiffs delivered by the United States Court of...

Eleventh Circuit Reaffirms No Qualified Immunity for Excessive Force Against Non-Resisting Suspects

Date: Sep 9, 2014

Eleventh Circuit Reaffirms No Qualified Immunity for Excessive Force Against Non-Resisting Suspects Introduction The case of Oberist Lee Saunders v. George C. Duke, Thomas Matthews, Conrad Kilian...

Limits of the Relitigation Exception under the Anti-Injunction Act: 11th Circuit's Decision in SFM Holdings v. Banc of America Securities

Date: Sep 5, 2014

Limits of the Relitigation Exception under the Anti-Injunction Act: 11th Circuit's Decision in SFM Holdings v. Banc of America Securities Introduction The case of SFM Holdings, Ltd. and Salomon...

Clarification of Drug Quantity in Sentencing: United States v. Green

Date: Sep 5, 2014

Clarification of Drug Quantity in Sentencing: United States v. Green Introduction The case of United States of America v. Darrell Green (764 F.3d 1352) adjudicated by the United States Court of...

Homeowner Associations Must Timely Consider Reasonable Accommodation Requests for Emotional Support Animals: Bhogaita v. Altamonte Heights Condominium Association

Date: Aug 28, 2014

Homeowner Associations Must Timely Consider Reasonable Accommodation Requests for Emotional Support Animals: Bhogaita v. Altamonte Heights Condominium Association Introduction In the landmark case of...

Consolidation of Conspiracy Charges and Drug Quantity Estimation: Analysis of United States v. Barsoum

Date: Aug 16, 2014

Consolidation of Conspiracy Charges and Drug Quantity Estimation: Analysis of United States v. Barsoum Introduction United States v. Ihab Ste Barsoum is a pivotal case adjudicated by the United...

Books-A-Million v. Evans: Expanding Remedies for FMLA Interference and Clarifying Attorney's Fees under COBRA

Date: Aug 9, 2014

Books-A-Million v. Evans: Expanding Remedies for FMLA Interference and Clarifying Attorney's Fees under COBRA Introduction Books-A-Million, Inc. v. Evans is a pivotal case adjudicated by the United...

Affirmation of Qualified Immunity in Moreno v. Turner: Establishing the Boundaries of Police Authority in Investigatory Detentions

Date: Jul 23, 2014

Affirmation of Qualified Immunity in Moreno v. Turner: Establishing the Boundaries of Police Authority in Investigatory Detentions Introduction The case of Juan Antonio Moreno v. George N. Turner et...

Enforcing Stale Debts in Bankruptcy: LVNV Funding v. Crawford Establishes FDCPA Violation

Date: Jul 11, 2014

Enforcing Stale Debts in Bankruptcy: LVNV Funding v. Crawford Establishes FDCPA Violation Introduction The case of Stanley Crawford v. LVNV Funding, LLC, adjudicated by the United States Court of...

Reversal of Habeas Relief in Tra v. Clinton Hittson: Implications on Effective Assistance of Counsel and Brady Obligations

Date: Jul 10, 2014

Reversal of Habeas Relief in Tra v. Clinton Hittson: Implications on Effective Assistance of Counsel and Brady Obligations Introduction The case of Tra v. Clinton Hittson involves Travis Clinton...

Procedural Bar on Collateral Attacks of Guilty Pleas: Insights from Stoufflet v. United States

Date: Jul 9, 2014

Procedural Bar on Collateral Attacks of Guilty Pleas: Insights from Stoufflet v. United States Introduction Stoufflet v. United States, 757 F.3d 1236 (11th Cir. 2014), is a pivotal case addressing...

Montreal Convention Jurisdiction and Article 19 Economic Damage Claims: An In-depth Analysis of Campbell v. Air Jamaica

Date: Jul 9, 2014

Montreal Convention Jurisdiction and Article 19 Economic Damage Claims: An In-depth Analysis of Campbell v. Air Jamaica Introduction The case Allan Campbell v. Air Jamaica Ltd., Caribbean Airlines,...

Qualified Immunity Denied for Unreasonable Seizure Without Probable Cause

Date: Jul 8, 2014

Qualified Immunity Denied for Unreasonable Seizure Without Probable Cause Introduction In the appellate case Brian Mead v. Frank McKeithen et al., decided by the United States Court of Appeals for...

Forum-Defendant Rule Reinforced: Understanding the Limits of Removal Discretion

Date: Jul 4, 2014

Forum-Defendant Rule Reinforced: Understanding the Limits of Removal Discretion Introduction The case of Scarlett Goodwin v. Dewight Reynolds et al. serves as a pivotal examination of the application...

Establishing Aiding and Abetting Liability in Securities Fraud: SEC v. Monterosso and Vargas

Date: Jul 1, 2014

Establishing Aiding and Abetting Liability in Securities Fraud: SEC v. Monterosso and Vargas Introduction The case of SEC v. Joseph J. Monterosso, Luis Vargas, Lawrence E. Lynch, Globetel...

Affirmation of Procedural Barriers to Successive Habeas Petitions Under Martinez: Lambrix v. Secretary, Florida Dept. of Corrections

Date: Jun 27, 2014

Affirmation of Procedural Barriers to Successive Habeas Petitions Under Martinez: Lambrix v. Secretary, Florida Dept. of Corrections Introduction Cary Michael Lambrix, an inmate sentenced to death in...

Kane v. Stewart Tilghman Fox & Bianchi P.A.: Affirming §523(a)(6) and §727(a)(7) Discharge Exceptions in Bankruptcy

Date: Jun 27, 2014

Kane v. Stewart Tilghman Fox & Bianchi P.A.: Affirming §523(a)(6) and §727(a)(7) Discharge Exceptions in Bankruptcy Introduction In re Harley N. Kane, Debtor, docket number 13–10560, is a pivotal...

Insignares v. Secretary, Florida Department of Corrections: Defining "Second or Successive" Habeas Petitions Under AEDPA

Date: Jun 24, 2014

Insignares v. Secretary, Florida Department of Corrections: Defining "Second or Successive" Habeas Petitions Under AEDPA Introduction Insignares v. Secretary, Florida Department of Corrections is a...

Clarifying 'Immediate Flight': Eleventh Circuit Sets New Precedent in Sentencing Enhancements for Assaulting Law Enforcement

Date: Jun 21, 2014

Clarifying 'Immediate Flight': Eleventh Circuit Sets New Precedent in Sentencing Enhancements for Assaulting Law Enforcement Introduction In the landmark case of United States of America v. Lee...

Eleventh Circuit Establishes Waiver of Delegation Clauses in Arbitration Agreements Due to Delayed Invocation

Date: Jun 19, 2014

Eleventh Circuit Establishes Waiver of Delegation Clauses in Arbitration Agreements Due to Delayed Invocation Introduction In the case of In re Checking Account Overdraft Litigation, David Johnson,...