11th Circuit Case Commentaries

No Fiduciary Duty for Custodian Banks: Insights from Lamm v. State Street Bank

Date: Apr 15, 2014

No Fiduciary Duty for Custodian Banks: Insights from Lamm v. State Street Bank Introduction The case of Douglas Lamm, Individually and on behalf of Douglas Lamm IRA, Plaintiff–Appellant, v. State...

Affirmation of Ineffective Assistance of Counsel Standards in Mandatory Minimum Disclosure: United States v. Osley

Date: Apr 12, 2014

Affirmation of Ineffective Assistance of Counsel Standards in Mandatory Minimum Disclosure: United States v. Osley Introduction United States v. Demond L. Osley, 751 F.3d 1214 (11th Cir. 2014),...

Affirming the Enforceability of Severance Agreements Waiving Past FMLA Claims: Paylor v. Hartford Fire Insurance Company

Date: Apr 9, 2014

Affirming the Enforceability of Severance Agreements Waiving Past FMLA Claims: Paylor v. Hartford Fire Insurance Company Introduction In the landmark case of Blanche Paylor v. Hartford Fire Insurance...

Magistrate Judges Do Not Have Authority to Finalize §2255 Motions: 11th Circuit Establishes New Precedent

Date: Apr 8, 2014

Magistrate Judges Do Not Have Authority to Finalize §2255 Motions: 11th Circuit Establishes New Precedent Introduction In the case of James Joseph Brown v. United States of America, the United States...

Eleventh Circuit Sets New Precedent on Qualified Immunity in Eighth Amendment Prisoners’ Rights: Tre v. Caldwell

Date: Apr 8, 2014

Eleventh Circuit Sets New Precedent on Qualified Immunity in Eighth Amendment Prisoners’ Rights: Tre v. Caldwell Introduction In Tre v. Caldwell, 748 F.3d 1090 (11th Cir. 2014), the United States...

Mandatory Service of Exhibits Referenced in Habeas Corpus Proceedings: Rodriguez v. Florida Department of Corrections

Date: Apr 8, 2014

Mandatory Service of Exhibits Referenced in Habeas Corpus Proceedings: Rodriguez v. Florida Department of Corrections Introduction Rodriguez v. Florida Department of Corrections (748 F.3d 1073) is a...

Strict Enforcement of PLRA Exhaustion Requirements: Wright v. Officer Langford

Date: Apr 3, 2014

Strict Enforcement of PLRA Exhaustion Requirements: Wright v. Officer Langford Introduction In the case of Wille Frank Wright, Jr. v. Officer Langford et al., the United States Court of Appeals for...

Deliberate Indifference in Prison Security: Harrison v. Culliver - 11th Cir. 2014

Date: Apr 3, 2014

Deliberate Indifference in Prison Security: Harrison v. Culliver - 11th Cir. 2014 Introduction In the landmark case of Jody O'Neil Harrison v. Grantt Culliver, Sylvester Folks, et al., decided by the...

Derivative Standing Under ERISA Requires Written Assignments: Medicomp v. United Healthcare

Date: Apr 2, 2014

Derivative Standing Under ERISA Requires Written Assignments: Medicomp v. United Healthcare Introduction In the case of Medicomp, Inc. v. United Healthcare Insurance Co., the United States Court of...

Expanding ADA Protections and Clarifying ADEA Prima Facie Standards: Analysis of Mazzeo v. Color Resolutions International

Date: Apr 1, 2014

Expanding ADA Protections and Clarifying ADEA Prima Facie Standards: Analysis of Mazzeo v. Color Resolutions International Introduction Anthony Mazzeo, the plaintiff-appellant, filed a lawsuit...

Consent and Agency in Autodialed Calls: Insights from Osorio v. State Farm Bank

Date: Mar 29, 2014

Consent and Agency in Autodialed Calls: Insights from Osorio v. State Farm Bank Introduction In the case of Fredy D. Osorio v. State Farm Bank, F.S.B., decided by the United States Court of Appeals...

FedEx v. Samson: 11th Circuit Clarifies Application of FMCSRs in ADA Disability Discrimination Claims

Date: Mar 27, 2014

FedEx v. Samson: 11th Circuit Clarifies Application of FMCSRs in ADA Disability Discrimination Claims Introduction The case of Richard Samson v. Federal Express Corporation (746 F.3d 1196) addresses...

Eleventh Circuit Upholds Enforceability of Arbitration Agreements Waiving FLSA Collective Action Rights

Date: Mar 22, 2014

Eleventh Circuit Upholds Enforceability of Arbitration Agreements Waiving FLSA Collective Action Rights Ashley WALTHOUR, Kevin Chappell, on behalf of themselves and all others similarly situated,...

Establishing Proximate Cause in RICO Claims: The Eleventh Circuit's Ruling in Simpson v. Sanderson Farms, Inc.

Date: Mar 8, 2014

Establishing Proximate Cause in RICO Claims: The Eleventh Circuit's Ruling in Simpson v. Sanderson Farms, Inc. Introduction In Simpson v. Sanderson Farms, Inc. (744 F.3d 702), the United States Court...

WINN-DIXIE v. DOLGENCORP: Broader Interpretation of Restrictive Covenants in Grocery Store Leases Under Florida Law

Date: Mar 6, 2014

WINN-DIXIE v. DOLGENCORP: Broader Interpretation of Restrictive Covenants in Grocery Store Leases Under Florida Law Introduction The case of Winn-Dixie Stores, Inc. v. Dolgencorp, LLC revolves around...

Eleventh Circuit Reinforces Standards for Malicious Prosecution Claims Under 42 U.S.C. § 1983: The Carter v. Gore Decision

Date: Mar 1, 2014

Eleventh Circuit Reinforces Standards for Malicious Prosecution Claims Under 42 U.S.C. § 1983: The Carter v. Gore Decision Introduction In the landmark case of Brandon R. Carter, Plaintiff -...

Timeliness and Scope of EEOC Charges in Employment Discrimination Cases: Insights from Richard v. Kelly

Date: Feb 28, 2014

Timeliness and Scope of EEOC Charges in Employment Discrimination Cases: Insights from Richard v. Kelly Introduction The case of Richard Kelly v. Dun & Bradstreet, Inc. (557 F. App'x 896) adjudicated...

Eleventh Circuit Clarifies 'Crime of Violence' Classification in Sentencing Enhancements: United States v. Ramirez–Flores

Date: Feb 22, 2014

Eleventh Circuit Clarifies 'Crime of Violence' Classification in Sentencing Enhancements: United States v. Ramirez–Flores Introduction In the landmark decision United States v. Ramirez–Flores, the...

Extraterritorial Jurisdiction and the Confrontation Clause: Campbell v. United States

Date: Feb 21, 2014

Extraterritorial Jurisdiction and the Confrontation Clause: Campbell v. United States Introduction In the case of United States of America v. Christopher Patrick Campbell, the United States Court of...

Indivisibility of Burglary Statutes Under ACCA: United States v. Frank M. Howard

Date: Feb 20, 2014

Indivisibility of Burglary Statutes Under ACCA: United States v. Frank M. Howard Introduction The case of United States of America v. Frank M. Howard (742 F.3d 1334, 11th Cir. 2014) addresses...