11th Circuit Case Commentaries

Braun v. Ivax: Upholding Arbitration Rights Despite Litigation Against Third Party

Date: Mar 30, 2002

Braun v. Ivax: Upholding Arbitration Rights Despite Litigation Against Third Party Introduction The case of IVAX Corporation v. B. Braun of America, Inc. revolves around a dispute concerning the...

Employment Discrimination and Pretext: Comprehensive Analysis of Walker & Golub v. Prudential Property and Casualty Insurance Company

Date: Mar 27, 2002

Employment Discrimination and Pretext: Comprehensive Analysis of Walker & Golub v. Prudential Property and Casualty Insurance Company Introduction The case of Patricia Walker and Marlene J. Golub...

Pretext in Title VII Discrimination Claims: Affirmation of Summary Judgment in Rojas v. State of Florida

Date: Mar 23, 2002

Pretext in Title VII Discrimination Claims: Affirmation of Summary Judgment in Rojas v. State of Florida Introduction The case of Nancy Rojas v. State of Florida, Dept. of Business Professional...

Eleventh Circuit Reverses Qualified Immunity Grant in St. George v. Pinellas County

Date: Mar 22, 2002

Eleventh Circuit Reverses Qualified Immunity Grant in St. George v. Pinellas County Introduction The case of Theresa St. George, individually and as personal representative of the Estate of Michael...

Exclusion of Day of Death in Nine-Month Marriage Duration Requirement for Widow's Benefits

Date: Mar 20, 2002

Exclusion of Day of Death in Nine-Month Marriage Duration Requirement for Widow's Benefits Introduction The case of Frances J. Lewis v. Jo Anne B. Barnhart addresses a pivotal issue in Social...

Moon v. Head: Affirmation of Death Sentence Amidst Claims of Procedural and Evidentiary Errors

Date: Mar 19, 2002

Moon v. Head: Affirmation of Death Sentence Amidst Claims of Procedural and Evidentiary Errors Introduction In the case of Larry Eugene Moon vs. Frederick J. Head, the United States Court of Appeals...

Government Liability and Reasonable Suspicion in School Policy Enforcement: Analysis of Cuesta v. School Board of Miami-Dade County

Date: Mar 15, 2002

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your legal situation. Government...

Reaffirmation of the Discretionary Function Exception: OSI, Inc. v. United States

Date: Mar 13, 2002

Reaffirmation of the Discretionary Function Exception: OSI, Inc. v. United States Introduction The case of OSI, Inc. v. The United States of America addresses crucial issues surrounding federal...

Affirmation of Strict Standards for Robinson-Patman Act Claims: Bailey v. Allgas, Inc.

Date: Mar 9, 2002

Affirmation of Strict Standards for Robinson-Patman Act Claims: Bailey v. Allgas, Inc. Introduction Bailey v. Allgas, Inc. is a significant appellate case adjudicated by the United States Court of...

Bridges v. Johnson: AEDPA Statute of Limitations and Sentence Review Applications

Date: Mar 7, 2002

Bridges v. Johnson: AEDPA Statute of Limitations and Sentence Review Applications Introduction In the appellate case of Casey Bridges v. Curtis Johnson, 284 F.3d 1201 (11th Cir. 2002), the United...

Eleventh Circuit Upholds SSA's Pain Standard in Disability Determination

Date: Mar 7, 2002

Eleventh Circuit Upholds SSA's Pain Standard in Disability Determination Introduction The case of Andrew T. Wilson v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration...

Establishing Limits on Qualified Immunity in Police Use of Excessive Force: Lee v. Ferraro

Date: Mar 6, 2002

Establishing Limits on Qualified Immunity in Police Use of Excessive Force: Lee v. Ferraro Introduction The case of Kim D. Lee v. Luis Ferraro addresses critical issues surrounding the application of...

Qualified Immunity Upholds Officer's Use of Deadly Force in High-Speed Chase: Pace Estate v. Capobianco and Clark

Date: Mar 2, 2002

Eleventh Circuit Reinforces Standards for Qualified Immunity in Excessive Force Cases: Pace Estate v. Capobianco and Clark Introduction The case of Patricia Pace, as surviving parent, personal...

United States v. Timmons: Clarifying Firearm Possession in Drug Trafficking Offenses

Date: Feb 27, 2002

United States v. Timmons: Clarifying Firearm Possession in Drug Trafficking Offenses Introduction United States v. Clifford Timmons, 283 F.3d 1246 (11th Cir. 2002), is a significant appellate case...

Presumption of Receipt under FTCA: Barnett v. Okeechobee Hospital and VA

Date: Feb 26, 2002

Presumption of Receipt under FTCA: Barnett v. Okeechobee Hospital and VA Introduction Charles Barnett, the plaintiff-appellant, initiated a lawsuit against Okeechobee Hospital d.b.a. Raulerson...

Finality of Conviction under AEDPA §2255: Eleventh Circuit Establishes 90-Day Certiorari Period

Date: Feb 22, 2002

Finality of Conviction under AEDPA §2255: Eleventh Circuit Establishes 90-Day Certiorari Period Introduction The case of Anders Joseph Kaufmann, Jr. v. United States (282 F.3d 1336) addresses...

Decertification of Class Action in Civil RICO Claims: Sikes v. Teleline Inc.

Date: Feb 14, 2002

Decertification of Class Action in Civil RICO Claims: Sikes v. Teleline Inc. Introduction Case: James W. Sikes, Felix Kemp, Individually and On Behalf of All Other Persons Similarly Situated v....

Timeliness of Filing Under Title VII: Green v. Union Foundry Company Establishes Strict Adherence to 90-Day Filing Deadline

Date: Feb 8, 2002

Timeliness of Filing Under Title VII: Green v. Union Foundry Company Establishes Strict Adherence to 90-Day Filing Deadline Introduction In the landmark case Carl A. Green v. Union Foundry Company,...

Eleventh Circuit Clarifies Acceptance vs. Counteroffer Distinction in Public Contracting

Date: Feb 7, 2002

Eleventh Circuit Clarifies Acceptance vs. Counteroffer Distinction in Public Contracting Introduction The case Information Systems and Networks Corporation v. The City of Atlanta (281 F.3d 1220, 11th...

Chrysler International Corp. v. Chemaly: Affirmation of District Court’s Discretion in Discovery and Evidence Admissibility

Date: Feb 2, 2002

Chrysler International Corp. v. Chemaly: Affirmation of District Court’s Discretion in Discovery and Evidence Admissibility Introduction In the appellate case Chrysler International Corporation v....

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