11th Circuit Case Commentaries

11th Circuit Reinforces Standards for Residual Functional Capacity in Social Security Disability Claims

Date: Feb 19, 2014

11th Circuit Reinforces Standards for Residual Functional Capacity in Social Security Disability Claims Introduction The case of James Earl Castle, Sr. v. Carolyn W. Colvin, Acting Commissioner of...

Declaratory Relief Satisfies CAFA's Jurisdictional Threshold: South Florida Wellness, Inc. v. Allstate Insurance Company

Date: Feb 15, 2014

Declaratory Relief Satisfies CAFA's Jurisdictional Threshold: South Florida Wellness, Inc. v. Allstate Insurance Company Introduction In the landmark case South Florida Wellness, Inc., individually,...

Superseding Agreements and Arbitration Clauses: Eleventh Circuit Upholds Denial to Compel Arbitration in Dasher v. RBC Bank

Date: Feb 11, 2014

Superseding Agreements and Arbitration Clauses: Eleventh Circuit Upholds Denial to Compel Arbitration in Dasher v. RBC Bank Introduction In the appellate case Michael Dasher v. RBC Bank (USA), the...

Reaffirming the Boundaries of Counsel Substitution in Capital Habeas Proceedings: Chavez v. Secretary, Florida Department of Corrections

Date: Feb 11, 2014

Reaffirming the Boundaries of Counsel Substitution in Capital Habeas Proceedings: Chavez v. Secretary, Florida Department of Corrections Introduction Chavez v. Secretary, Florida Department of...

Affirmation of Conspiracy to Distribute Cocaine: Upholding Sufficiency of Evidence and Evidentiary Rulings in the 11th Circuit

Date: Feb 7, 2014

Affirmation of Conspiracy to Distribute Cocaine: Upholding Sufficiency of Evidence and Evidentiary Rulings in the 11th Circuit Introduction The case of United States of America v. Shawanna Reeves et...

11th Circuit Reinforces Strict Criteria for Rule 60(b)(6) Reinstatement Following Forum Non Conveniens Dismissal

Date: Feb 7, 2014

11th Circuit Reinforces Strict Criteria for Rule 60(b)(6) Reinstatement Following Forum Non Conveniens Dismissal Introduction The case of Angel Enrique Villeda Aldana et al. v. Del Monte Fresh...

Attorney Abandonment Required for Equitable Tolling under AEDPA: Insights from Cadet v. Florida Department of Corrections

Date: Feb 1, 2014

Attorney Abandonment Required for Equitable Tolling under AEDPA: Insights from Cadet v. Florida Department of Corrections Introduction In Ernest CADET v. STATE of Florida Department of Corrections...

Eleventh Circuit Affirms Mandatory Life Sentence Without Jury Findings on Prior Convictions Post-Alleyne

Date: Jan 29, 2014

Eleventh Circuit Affirms Mandatory Life Sentence Without Jury Findings on Prior Convictions Post-Alleyne Introduction In the case of United States of America v. Kenneth L. Harris (741 F.3d 1245, 11th...

LeCroy v. United States: Eleventh Circuit Reinforces Deference to Defense Strategy in Ineffective Assistance Claims

Date: Jan 16, 2014

LeCroy v. United States: Eleventh Circuit Reinforces Deference to Defense Strategy in Ineffective Assistance Claims Introduction In the landmark case of William Emmett LeCroy, Jr. v. United States,...

Reaffirmation of the Filed Rate Doctrine and Absence of Private Right of Action in Florida Insurance Law: Da v. d SAPUPPO, Teresa Sapuppo

Date: Jan 8, 2014

Reaffirmation of the Filed Rate Doctrine and Absence of Private Right of Action in Florida Insurance Law: Da v. d SAPUPPO, Teresa Sapuppo Introduction In the landmark case of Da v. d SAPUPPO, Teresa...

Martinez Rule Exceeds its Bounds: Affirmation in Arthur v. Thomas

Date: Jan 7, 2014

Martinez Rule Exceeds its Bounds: Affirmation in Arthur v. Thomas Introduction In the landmark case of Thomas D. Arthur v. Kim Tobias Thomas (739 F.3d 611, 11th Cir. 2014), the United States Court of...

United States v. Harris & Stanley: Upholding Waiver of Counsel and Sentencing Principles in Securities Fraud

Date: Jan 7, 2014

United States v. Harris & Stanley: Upholding Waiver of Counsel and Sentencing Principles in Securities Fraud Introduction In the case of United States of America v. Benjamin Stanley and Rufus Paul...

Substantial Evidence Upholds SSA Disability Denial: Gray v. Commissioner

Date: Dec 31, 2013

Substantial Evidence Upholds SSA Disability Denial: Gray v. Commissioner Introduction In the case of Sandra M. Gray v. Commissioner of Social Security, the United States Court of Appeals for the...

Strengthening Qualified Immunity: The 11th Circuit in Franklin v. Curry Establishes Enhanced Pleading Requirements

Date: Dec 24, 2013

Strengthening Qualified Immunity: The 11th Circuit in Franklin v. Curry Establishes Enhanced Pleading Requirements Introduction The case of Cindy Laine Franklin v. Chris Curry brought before the...

Eleventh Circuit Recognizes Treatable Hearing Loss as Serious Medical Need in Deliberate Indifference Claims

Date: Dec 21, 2013

Eleventh Circuit Recognizes Treatable Hearing Loss as Serious Medical Need in Deliberate Indifference Claims Introduction In the landmark case Tonya Weinberg Gilmore and Juanita Weinberg Prince v....

Affirmation of Personal Jurisdiction in Internet-Based Trademark Infringement: Louis Vuitton v. Mosseri

Date: Dec 3, 2013

Affirmation of Personal Jurisdiction in Internet-Based Trademark Infringement: Louis Vuitton v. Mosseri Introduction In the landmark case Louis Vuitton Malletier, S.A. v. Joseph Mosseri, decided on...

Affirmation of Summary Judgment in Title VII Employment Discrimination Case: Campbell v. Shinseki

Date: Nov 26, 2013

Affirmation of Summary Judgment in Title VII Employment Discrimination Case: Campbell v. Shinseki Introduction The case of Bernard Campbell v. Eric Shinseki, Secretary, U.S. Department of Veterans...

Waiver of Defendant’s Right to be Present at Trial under Federal Rule 43: Sterling v. United States

Date: Nov 22, 2013

Waiver of Defendant’s Right to be Present at Trial under Federal Rule 43: Sterling v. United States Introduction United States of America v. Ronn Darnell Sterling, et al., 738 F.3d 228 (11th Cir....

Refinement of "Particular Social Group" Standards in Withholding of Removal: Analysis of Rodriguez v. U.S. Attorney General

Date: Nov 20, 2013

Refinement of "Particular Social Group" Standards in Withholding of Removal: Analysis of Rodriguez v. U.S. Attorney General Introduction The case of Jose Cendejas Rodriguez v. U.S. Attorney General,...

Gissendaner v. Seaboldt: Defining Effective Assistance of Counsel in Capital Cases

Date: Nov 20, 2013

Gissendaner v. Seaboldt: Defining Effective Assistance of Counsel in Capital Cases Introduction Kelly Renee Gissendaner v. Kathy Seaboldt, 735 F.3d 1311 (11th Cir. 2013), serves as a pivotal case in...