11th Circuit Case Commentaries

Prouty v. United States: Mandating Allocution and Judicial Authority in Restitution Scheduling under the MVRA

Date: Aug 28, 2002

Prouty v. United States: Mandating Allocution and Judicial Authority in Restitution Scheduling under the MVRA Introduction Prouty v. United States is a seminal case adjudicated by the United States...

Jurisdictional Limits on Post-Sentencing Preliminary Forfeiture Orders: Analysis of United States v. Petrie

Date: Aug 23, 2002

Jurisdictional Limits on Post-Sentencing Preliminary Forfeiture Orders: Analysis of United States v. Petrie Introduction United States v. Robert Petrie is a significant case adjudicated by the United...

Eleventh Circuit Affirms Right to Intervention in Interstate Water Allocation under the ACF Compact

Date: Aug 22, 2002

Eleventh Circuit Affirms Right to Intervention in Interstate Water Allocation under the ACF Compact Introduction In the landmark case The State of Georgia v. United States Army Corps of Engineers, et...

Market Power in Vertical Restraints: Insights from Maris Distributing Co. v. Anheuser-Busch

Date: Aug 20, 2002

Market Power in Vertical Restraints: Insights from Maris Distributing Co. v. Anheuser-Busch Introduction The case of Maris Distributing Company, a Florida corporation, versus Anheuser-Busch, Inc., a...

Affirmation of Death Sentence Amid Overwhelming Aggravators: Robinson v. Moore

Date: Aug 9, 2002

Affirmation of Death Sentence Amid Overwhelming Aggravators: Robinson v. Moore Introduction Johnny L. Robinson, convicted of first-degree murder, kidnapping, armed robbery, and sexual battery in...

Affirmation of AEDPA’s Applicability Based on Petition Filing Date in Isaacs v. Head

Date: Aug 7, 2002

Affirmation of AEDPA’s Applicability Based on Petition Filing Date in Carl J. Isaacs v. Frederick J. Head Introduction In the landmark case of Carl J. Isaacs v. Frederick J. Head, the United States...

Res Judicata and Motion Conversion in Trustmark v. ESLU: An Eleventh Circuit Analysis

Date: Aug 3, 2002

Res Judicata and Motion Conversion in Trustmark v. ESLU: An Eleventh Circuit Analysis Introduction In the seminal case of Trustmark Insurance Company v. ESLU, Inc., the United States Court of Appeals...

Refining False Advertising Standards: Johnson Johnson Vision Care, Inc. v. 1-800 CONTACTS, Inc.

Date: Jul 30, 2002

Refining False Advertising Standards: Johnson Johnson Vision Care, Inc. v. 1-800 CONTACTS, Inc. Introduction In the case of Johnson Johnson Vision Care, Inc. v. 1-800 CONTACTS, Inc., adjudicated by...

Eleventh Circuit Establishes Precedent on Attorneys' Fees Under Rule 68 Offers

Date: Jul 25, 2002

Eleventh Circuit Establishes Precedent on Attorneys' Fees Under Rule 68 Offers Introduction In the landmark case of Utility Automation 2000, Inc. v. Choctawhatchee Electric Cooperative, Inc., decided...

Cassisi Inference Reinforced in McCorvey v. Baxter Healthcare Corp.: Implications for Product Liability under Florida Law

Date: Jul 25, 2002

Cassisi Inference Reinforced in McCorvey v. Baxter Healthcare Corp.: Implications for Product Liability under Florida Law Introduction The case of Charles McCorvey, Plaintiff-Appellant, Schenell...

Expanding the Leon Good Faith Exception: Consideration of External Evidence in the Eleventh Circuit

Date: Jul 19, 2002

Expanding the Leon Good Faith Exception: Consideration of External Evidence in the Eleventh Circuit Introduction The case of United States of America v. Corey Martin, heard by the United States Court...

AEDPA Statute of Limitations and Equitable Tolling: Insights from Drew v. Department of Corrections

Date: Jul 19, 2002

AEDPA Statute of Limitations and Equitable Tolling: Insights from Drew v. Department of Corrections Introduction Drew v. Department of Corrections, decided by the United States Court of Appeals for...

Affirmation of Procedural Barriers and Ineffective Assistance Standards in Fortenberry v. Haley

Date: Jul 18, 2002

Affirmation of Procedural Barriers and Ineffective Assistance Standards in Fortenberry v. Haley Introduction Fortenberry v. Haley, 297 F.3d 1213 (11th Cir. 2002), is a significant appellate decision...

Implied Private Right of Action Under the Higher Education Act: McCulloch v. PNC Bank Inc.

Date: Jul 18, 2002

Implied Private Right of Action Under the Higher Education Act: McCulloch v. PNC Bank Inc. Introduction The case of Timothy McCulloch, et al. v. PNC Bank Inc., et al., adjudicated by the United...

Abuse of Discretion in Denying Withdrawal of Admissions: Perez v. Miami-Dade County

Date: Jul 18, 2002

Abuse of Discretion in Denying Withdrawal of Admissions: Perez v. Miami-Dade County Introduction Michael Perez v. Miami-Dade County is a pivotal case adjudicated by the United States Court of Appeals...

ELEVENTH CIRCUIT AFFIRMS MULTI-COUNT CHILD EXPLOITATION CONVICTION AND SENTENCE: Joinder of Similar Offenses and Sentencing Departures Upheld

Date: Jul 18, 2002

ELEVENTH CIRCUIT AFFIRMS MULTI-COUNT CHILD EXPLOITATION CONVICTION AND SENTENCE: Joinder of Similar Offenses and Sentencing Departures Upheld Introduction United States of America v. Marvin Hersh is...

Eleventh Circuit Clarifies Standards for Rule 11 Sanctions in Securities Litigation

Date: Jul 17, 2002

Eleventh Circuit Clarifies Standards for Rule 11 Sanctions in Securities Litigation Introduction The case of Oxford Asset Management, Ltd. v. Michael Jaharis et al. serves as a pivotal precedent in...

Clarifying Sentencing Standards for Multi-object Conspiracies: Insights from United States v. Vallejo et al., 297 F.3d 1154 (11th Cir. 2002)

Date: Jul 17, 2002

Clarifying Sentencing Standards for Multi-object Conspiracies: Insights from United States v. Vallejo et al., 297 F.3d 1154 (11th Cir. 2002) Introduction United States v. Vallejo et al. is a pivotal...

Legal Commentary on United States v. Pendergraft and Spielvogel

Date: Jul 17, 2002

Threats to Litigation Do Not Constitute Extortion: Analysis of United States v. Pendergraft and Spielvogel Comprehensive Commentary on 297 F.3d 1198, United States Court of Appeals, Eleventh Circuit,...

EEOC v. Joe's Stone Crab, Inc.: Refining Disparate Treatment Standards under Title VII

Date: Jul 13, 2002

EEOC v. Joe's Stone Crab, Inc.: Refining Disparate Treatment Standards under Title VII Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Joe's Stone Crab, Inc. (296 F.3d...

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