11th Circuit Case Commentaries

11th Circuit Clarifies Weighting of Medical Opinions in Residual Functional Capacity Assessments for Social Security Disability Claims

Date: Nov 15, 2013

11th Circuit Clarifies Weighting of Medical Opinions in Residual Functional Capacity Assessments for Social Security Disability Claims Introduction In the case of Anne Wade Stone v. Commissioner of...

Fla. Stat § 893.13(1)(a)(2) Not an Aggravated Felony under INA: 11th Circuit Precedent

Date: Nov 8, 2013

Fla. Stat § 893.13(1)(a)(2) Not an Aggravated Felony under INA: 11th Circuit Precedent Introduction The case of Dwight Dion Donawa v. U.S. Attorney General, decided by the United States Court of...

Standing in ADA Compliance: Houston v. Marod Supermarkets

Date: Nov 2, 2013

Standing in ADA Compliance: Houston v. Marod Supermarkets Introduction Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013), presents a pivotal examination of standing under the...

Affirmation of Fraud Conviction and Proper Sentencing Enhancement in United States v. Rodriguez

Date: Oct 17, 2013

Affirmation of Fraud Conviction and Proper Sentencing Enhancement in United States v. Rodriguez Introduction United States of America v. Manuel Rodriguez, 732 F.3d 1299 (11th Cir. 2013), is a pivotal...

Prosecutorial Misconduct and Juror Responsibility: Farina v. Secretary, Florida Department of Corrections

Date: Oct 1, 2013

Prosecutorial Misconduct and Juror Responsibility: Farina v. Secretary, Florida Department of Corrections Introduction Farina v. Secretary, Florida Department of Corrections (536 F. App'x 966) is a...

Kidd v. Mando America: Clarifying Evidentiary Standards for Pretext in Title VII Claims

Date: Sep 28, 2013

Kidd v. Mando America: Clarifying Evidentiary Standards for Pretext in Title VII Claims Introduction Kidd v. Mando American Corporation, 731 F.3d 1196 (11th Cir. 2013), is a pivotal case addressing...

Municipal Liability and First Amendment Retaliation: An In-Depth Analysis of Carter v. City of Melbourne

Date: Sep 24, 2013

Municipal Liability and First Amendment Retaliation: An In-Depth Analysis of Carter v. City of Melbourne Introduction In Carter v. City of Melbourne, 731 F.3d 1161 (11th Cir. 2013), the United States...

Eleventh Circuit Clarifies Collateral Estoppel in Comparative Negligence: Tampa Bay Water v. HDR Engineering

Date: Sep 24, 2013

Eleventh Circuit Clarifies Collateral Estoppel in Comparative Negligence: Tampa Bay Water v. HDR Engineering Introduction The case of Tampa Bay Water v. HDR Engineering, Inc. (731 F.3d 1171)...

Affirmation of Summary Judgment in §1983 and ADA Claims: High Standards for Proving Deliberate Indifference

Date: Sep 20, 2013

Affirmation of Summary Judgment in §1983 and ADA Claims: High Standards for Proving Deliberate Indifference Introduction In Doug Jones v. John Rutherford, the United States Court of Appeals for the...

Jurisdictional Limits on Rule 12(b)(3)(B) Motions During Pending Appeals: United States v. Diveroli

Date: Sep 11, 2013

Jurisdictional Limits on Rule 12(b)(3)(B) Motions During Pending Appeals: United States v. Diveroli Introduction The case of United States of America v. Efraim Diveroli, 729 F.3d 1339 (11th Cir....

Revocation of Naturalized Citizenship Due to Lack of Good Moral Character: United States v. Fotios Gkanios

Date: Sep 5, 2013

Revocation of Naturalized Citizenship Due to Lack of Good Moral Character: United States v. Fotios Gkanios Introduction The case of United States of America v. Fotios Gkanios, decided by the United...

Independent Source Doctrine and Proper Application of the Allen Charge Upheld in 11th Circuit Decision

Date: Aug 28, 2013

Independent Source Doctrine and Proper Application of the Allen Charge Upheld in 11th Circuit Decision Introduction In the appellate case UNITED STATES of America v. Dennis Calvin Bush, Jr., the...

Affirmation of Removal Rights: Supplementary Proceedings as Independent Civil Actions under Florida Statute 56.29(6)

Date: Aug 23, 2013

Affirmation of Removal Rights: Supplementary Proceedings as Independent Civil Actions under Florida Statute 56.29(6) Introduction The case of Cathy Jackson–Platts, Personal Representative of the...

Qualified Immunity Affirmed in Substantive Due Process Claim: Maddox v. Stephens

Date: Aug 22, 2013

Qualified Immunity Affirmed in Substantive Due Process Claim: Maddox v. Stephens Introduction In Nicole Maddox, Indi v. dually and as Next of Friend of J.O., Minor Child, Plaintiff–Appellee, (727...

Strict Adherence to Citizenship Allegations in Diversity Jurisdiction: Travaglio v. American Express

Date: Aug 20, 2013

Strict Adherence to Citizenship Allegations in Diversity Jurisdiction: Travaglio v. American Express Introduction Tina Marie Travaglio v. American Express Company is a pivotal case adjudicated by the...

11th Circuit Establishes Plain-Error Standard for Unobjected Constructive Indictment Amendments

Date: Aug 17, 2013

11th Circuit Establishes Plain-Error Standard for Unobjected Constructive Indictment Amendments Introduction The case of United States of America v. Kenneth Lamar Madden (733 F.3d 1314) adjudicated...

Affirmation of Qualified Immunity in Police Conduct: Jackson v. Capraun et al.

Date: Aug 16, 2013

Affirmation of Qualified Immunity in Police Conduct: Jackson v. Capraun et al. Introduction Jackson v. Capraun et al. is a pivotal case adjudicated by the United States Court of Appeals for the...

Affirmation of AEDPA Deference in Ineffective Assistance of Counsel and Brady Claims: Bishop v. Warden

Date: Aug 9, 2013

Affirmation of AEDPA Deference in Ineffective Assistance of Counsel and Brady Claims: Bishop v. Warden Introduction Joshua Daniel Bishop, the petitioner-appellant, was convicted in 1996 for malice...

Affirmation of Habeas Corpus Denial in Jeffery Lee v. Commissioner, Alabama Department of Corrections

Date: Aug 2, 2013

Affirmation of Habeas Corpus Denial in Jeffery Lee v. Commissioner, Alabama Department of Corrections Introduction The case of Jeffery Lee v. Commissioner, Alabama Department of Corrections (726 F.3d...

Nall v. Mal-Motels, Inc.: Strengthening FLSA Settlement Enforcement

Date: Jul 30, 2013

Nall v. Mal-Motels, Inc.: Strengthening FLSA Settlement Enforcement Introduction The case of Candace Nall v. Mal-Motels, Inc. (723 F.3d 1304) before the United States Court of Appeals for the...