11th Circuit Case Commentaries

Revisiting Successive §2255 Motions: Boyd v. United States (11th Cir. 2014)

Date: Jun 19, 2014

Revisiting Successive §2255 Motions: Boyd v. United States (11th Cir. 2014) Introduction Boyd v. United States addressed pivotal issues surrounding the admissibility of successive motions under 28...

Eleventh Circuit Clarifies Limits on Rehabilitative Factors in Sentencing for Supervised Release Revocation

Date: Jun 19, 2014

Eleventh Circuit Clarifies Limits on Rehabilitative Factors in Sentencing for Supervised Release Revocation Introduction In the case of United States of America v. Walter Henry Vandergrift, Jr., 754...

Georgia's Lethal Injection Secrecy Upheld: Comprehensive Analysis of Wellons v. Commissioner

Date: Jun 18, 2014

Georgia's Lethal Injection Secrecy Upheld: Comprehensive Analysis of Wellons v. Commissioner Introduction Wellons v. Commissioner, 754 F.3d 1260 (11th Cir. 2014), is a pivotal case examining the...

Hostile Work Environment Requires Personal Awareness of Harassing Conduct: Insights from Adams et al. v. Austal USA

Date: Jun 18, 2014

Hostile Work Environment Requires Personal Awareness of Harassing Conduct: Insights from Adams et al. v. Austal USA Introduction In the landmark case Robert ADAMS, Nelson Bumpers, Frederick A....

Eleventh Circuit Upholds Dismissal of Foreclosure Fraud RICO Claims Against JP Morgan Chase

Date: Jun 14, 2014

Eleventh Circuit Upholds Dismissal of Foreclosure Fraud RICO Claims Against JP Morgan Chase Introduction The case of Veldora Arthur, et al. v. JP Morgan Chase Bank, N.A., et al. (569 Fed. Appx. 669)...

Affirmation of Sentencing Guidelines for Child Pornography Distribution in the 11th Circuit: Upholding Double Counting and Rejecting Commission's Critique

Date: Jun 12, 2014

Affirmation of Sentencing Guidelines for Child Pornography Distribution in the 11th Circuit: Upholding Double Counting and Rejecting Commission's Critique Introduction The case of United States of...

Deliberate Indifference in Eighth Amendment §1983 Claims: 11th Circuit Grants Leave to Amend in Arnold Johnson v. CO II Boyd et al.

Date: Jun 6, 2014

Deliberate Indifference in Eighth Amendment §1983 Claims: 11th Circuit Grants Leave to Amend in Arnold Johnson v. CO II Boyd et al. Introduction In Arnold Johnson v. CO II Boyd et al., the United...

Indictment Defects as Non-Jurisdictional Errors and Their Waiver through Guilty Pleas: Analysis of U.S. v. Brown

Date: May 29, 2014

Indictment Defects as Non-Jurisdictional Errors and Their Waiver through Guilty Pleas: Analysis of United States v. Brown Introduction Case Citation: United States of America, Plaintiff–Appellee, v....

Eleventh Circuit Upholds Life Sentences for Fraudulent Sex Trafficking and Controlled Substance Distribution

Date: May 28, 2014

Eleventh Circuit Upholds Life Sentences for Fraudulent Sex Trafficking and Controlled Substance Distribution Introduction The case of United States of America v. Lavont Flanders, Jr. et al. presents...

Reaffirming Sentencing Enhancements and Plea Competency: United States v. Nelida Rodriguez

Date: May 16, 2014

Reaffirming Sentencing Enhancements and Plea Competency: United States v. Nelida Rodriguez Introduction United States of America v. Nelida Rodriguez, 751 F.3d 1244 (11th Cir. 2014), addresses...

11th Circuit Recognizes Savings Clause Permit for §2241 Habeas Petitions in Cases Exceeding §924(a) Statutory Maximum: Bryant v. Warden

Date: May 16, 2014

11th Circuit Recognizes Savings Clause Permit for §2241 Habeas Petitions in Cases Exceeding §924(a) Statutory Maximum: Bryant v. Warden Introduction In the landmark case of Dudley BRYANT, Jr.,...

Eleventh Circuit Clarifies 'Actual Damages' for Emotional Distress under Bankruptcy Automatic Stay Violations in Lodge v. Kondaur

Date: May 9, 2014

Eleventh Circuit Clarifies 'Actual Damages' for Emotional Distress under Bankruptcy Automatic Stay Violations in Lodge v. Kondaur Introduction In the case of Kenneth Lodge, Delores Lodge,...

Eleventh Circuit Affirms Fee Awards under Florida Whistle-Blower Act Amidst Sarbanes–Oxley Framework

Date: May 7, 2014

Eleventh Circuit Affirms Fee Awards under Florida Whistle-Blower Act Amidst Sarbanes–Oxley Framework Introduction The case of Leslie SMITH v. PSYCHIATRIC SOLUTIONS, INC. addresses a significant fee...

Actual Knowledge Requirement for Aiding and Abetting Claims in Ponzi Scheme Cases: Perlman v. Wells Fargo

Date: May 7, 2014

Actual Knowledge Requirement for Aiding and Abetting Claims in Ponzi Scheme Cases: Perlman v. Wells Fargo Introduction Perlman v. Wells Fargo Bank, N.A. is a pivotal case adjudicated by the United...

Reaffirmation of Strict Administrative Exhaustion under the PLRA and Deliberate Indifference Standards in Prisoners' 1983 Claims

Date: May 6, 2014

Reaffirmation of Strict Administrative Exhaustion under the PLRA and Deliberate Indifference Standards in Prisoners' 1983 Claims Introduction The case of Williams v. Barrow et al., decided by the...

Enforcement of Attorney's Fees in Loan Agreements under O.C.G.A. § 13-1-11: Insights from the 11th Circuit's Affirmation in Jones v. Bank of America

Date: Apr 26, 2014

Enforcement of Attorney's Fees in Loan Agreements under O.C.G.A. § 13-1-11: Insights from the 11th Circuit's Affirmation in Jones v. Bank of America Introduction In Keith D. Jones and Florestine...

Lugo v. Florida Dept. of Corrections: Affirming AEDPA's Statute of Limitations and Limitations on Equitable Tolling

Date: Apr 25, 2014

Lugo v. Florida Dept. of Corrections: Affirming AEDPA's Statute of Limitations and Limitations on Equitable Tolling 1. Introduction In the case of Daniel Lugo v. Secretary, Florida Department of...

Employee Exclusion Clauses Extend to Subcontractor Employees: Stephens v. Mid-Continent Casualty Company

Date: Apr 25, 2014

Employee Exclusion Clauses Extend to Subcontractor Employees: Stephens v. Mid-Continent Casualty Company Introduction Case Citation: Jennifer A. Stephens v. Mid-Continent Casualty Company, 749 F.3d...

Qualified Immunity Affirmed in Sheriff's §1983 Defense: Keith v. DeKalb County

Date: Apr 24, 2014

Qualified Immunity Affirmed in Sheriff's §1983 Defense: Keith v. DeKalb County Introduction The case of Nadine Keith, as Administrator for the Estate of Godfrey Cook, Gary Maddox, Willetta Gray,...

Strict Enforcement of the Prison Mailbox Rule in § 2255 Motions: Insights from Marlandow Jeffries v. United States

Date: Apr 24, 2014

Strict Enforcement of the Prison Mailbox Rule in § 2255 Motions: Insights from Marlandow Jeffries v. United States Introduction Marlandow Jeffries v. United States of America, 748 F.3d 1310 (11th...