11th Circuit Case Commentaries

Affirming Employer's Burden of Proof in ADEA and EPA Claims: Steger v. GE

Date: Jan 18, 2003

Affirming Employer's Burden of Proof in ADEA and EPA Claims: Steger v. GE Introduction The case Elizabeth Steger v. General Electric Company (GE), adjudicated by the United States Court of Appeals...

Admissibility of Evidence Obtained via Computer Hacking: Steiger v. United States Clarifies Fourth Amendment and Wiretap Act Applications

Date: Jan 15, 2003

Admissibility of Evidence Obtained via Computer Hacking: Steiger v. United States Clarifies Fourth Amendment and Wiretap Act Applications Introduction The case of United States of America v. Bradley...

Reaffirming Habeas Corpus Standards Under AEDPA: Analysis of Hubbard v. Haley

Date: Jan 8, 2003

Reaffirming Habeas Corpus Standards Under AEDPA: Analysis of Hubbard v. Haley Introduction Hubbard v. Haley (317 F.3d 1245, 11th Cir. 2003) is a pivotal case that delves into the complexities of...

Prosecutorial Compliance with Brady, Giglio, and Jencks Act Reinforced in United States v. Jordan

Date: Jan 7, 2003

Prosecutorial Compliance with Brady, Giglio, and Jencks Act Reinforced in United States v. Jordan Introduction United States of America v. Albert Jordan, Jimmy Woodward, 316 F.3d 1215 (11th Cir....

Exemption from ERISA Administrative Exhaustion Requirement Based on Summary Plan Description Interpretation

Date: Jan 4, 2003

Exemption from ERISA Administrative Exhaustion Requirement Based on Summary Plan Description Interpretation Introduction The case of Gloria Watts v. BellSouth Telecommunications, Inc. addresses a...

Ineffective Assistance of Counsel: Eleventh Circuit Upholds Denial of Relief Despite Alibi Testimony Omission in Wellington v. Moore

Date: Dec 19, 2002

Ineffective Assistance of Counsel: Eleventh Circuit Upholds Denial of Relief Despite Alibi Testimony Omission in Wellington v. Moore Introduction Wellington v. Moore, decided by the United States...

Overruling BANK v. PITT: Restricting District Court’s Sua Sponte Power to Amend Complaints

Date: Dec 11, 2002

Overruling BANK v. PITT: Restricting District Court’s Sua Sponte Power to Amend Complaints Introduction The case of Andrew J. Wagner v. Daewoo Heavy Industries America Corporation, decided by the...

Affirmation of PLRA §1997e(e) Applicability to Emotional Injury Claims During Custody

Date: Dec 11, 2002

Affirmation of PLRA §1997e(e) Applicability to Emotional Injury Claims During Custody Introduction In the case of Louis Napier v. Karen J. Preslicka, Jackson, Sandra M. Pomeroy, 314 F.3d 528 (11th...

Requirement for Inquiry Before Dismissing Prisoner’s In Forma Pauperis Claim: Wilson v. Sargent

Date: Dec 7, 2002

Requirement for Inquiry Before Dismissing Prisoner’s In Forma Pauperis Claim: Wilson v. Sargent Introduction In the landmark case Charles D. Wilson, Sr. v. George Sargent et al. (313 F.3d 1315), the...

Affirmation of Non-Defamatory Statements in Libel Suit: Hoffmann-Pugh v. Ramsey

Date: Nov 20, 2002

Affirmation of Non-Defamatory Statements in Libel Suit: Hoffmann-Pugh v. Ramsey Introduction The case of Linda Hoffmann-Pugh v. Patricia Ramsey and John Ramsey (312 F.3d 1222) presents a significant...

Delicate Boundaries of Constitutional Liability in Educational Settings: Nix v. Franklin County School District

Date: Nov 20, 2002

Delicate Boundaries of Constitutional Liability in Educational Settings: Nix v. Franklin County School District Introduction The case of Nix v. Franklin County School District centers on a tragic...

Affirmation of Qualified Immunity in False Arrest and Unlawful Search Claims: Dahl v. Holley

Date: Nov 20, 2002

Affirmation of Qualified Immunity in False Arrest and Unlawful Search Claims: Dahl v. Holley Introduction The case of Shirley Dahl v. Jim Holley, adjudicated in the United States Court of Appeals for...

Clarifying the Limits of Qualified Immunity in Excessive Use of Force: The Vinyard v. Wilson Decision

Date: Nov 15, 2002

Clarifying the Limits of Qualified Immunity in Excessive Use of Force: The Vinyard v. Wilson Decision Introduction Terri Vinyard v. Steve Wilson, Sheriff of Walker County, Georgia, Patrick Stanfield,...

Standard of Review in Mixed MSPB Cases: Kelliher v. Veneman

Date: Nov 14, 2002

Standard of Review in Mixed MSPB Cases: Kelliher v. Veneman Introduction In John C. Kelliher v. Ann M. Veneman, Secretary, United States Department of Agriculture, 313 F.3d 1270 (11th Cir. 2002), the...

Affirmation in Crawford v. Head: No Habeas Relief for Ineffective Assistance and Brady Violations

Date: Nov 13, 2002

Affirmation in Crawford v. Head: No Habeas Relief for Ineffective Assistance and Brady Violations Introduction Eddie Albert Crawford sought federal habeas corpus relief following his conviction and...

SLUSA Preempts State Law Class Actions in Securities Fraud: Analysis of Behlen v. Merrill Lynch

Date: Nov 9, 2002

SLUSA Preempts State Law Class Actions in Securities Fraud: Analysis of Behlen v. Merrill Lynch Introduction Charles H. Behlen v. Merrill Lynch, Phoenix Investment Partners, Ltd., 311 F.3d 1087 (11th...

Time-Barred Claims and Standing in Employment Discrimination: Analysis of City of Hialeah v. Rojas and Nina

Date: Nov 9, 2002

Time-Barred Claims and Standing in Employment Discrimination: Analysis of City of Hialeah v. Rojas and Nina Introduction The case of City of Hialeah, Florida, a political subdivision of the State of...

Enhanced Applicability of Florida's Offer of Judgment Statute in Multistate Litigation: McMAHAN v. TOTO

Date: Nov 7, 2002

Enhanced Applicability of Florida's Offer of Judgment Statute in Multistate Litigation: McMAHAN v. TOTO Introduction Case Name: D. Bruce McMahan, Nemesis Veritas, f.k.a., McMahan Company,...

No Implied Private Right of Action Under the Air Carrier Access Act: Love v. Delta Air Lines

Date: Nov 1, 2002

No Implied Private Right of Action Under the Air Carrier Access Act: Love v. Delta Air Lines Introduction Cynthia Love v. Delta Air Lines is a significant appellate decision from the United States...

Eleventh Circuit Reversal in CFTC v. R.J. Fitzgerald Co., Inc.: Clarifying Fraudulent Solicitation Standards Under the Commodity Exchange Act

Date: Oct 30, 2002

Eleventh Circuit Reversal in CFTC v. R.J. Fitzgerald Co., Inc.: Clarifying Fraudulent Solicitation Standards Under the Commodity Exchange Act Introduction The case of Commodity Futures Trading...

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