11th Circuit Case Commentaries

Affirmation of Procedural Default Post-Skilling: FORDHAM and WILLIAMS v. UNITED STATES

Date: Feb 1, 2013

Affirmation of Procedural Default Post-Skilling: FORDHAM and WILLIAMS v. UNITED STATES Introduction In the landmark case of John Duncan FORDHAM and Robin L. Williams v. UNITED STATES, the United...

Pooler v. Florida: Upholding Strickland Standards for Ineffective Assistance of Counsel

Date: Jan 19, 2013

Pooler v. Florida: Upholding Strickland Standards for Ineffective Assistance of Counsel Introduction Pooler v. Florida, 702 F.3d 1252 (11th Cir. 2013), is a pivotal case that reaffirms the...

Reaffirmation of 'But-For' Causation in ADEA Claims: Analysis of Sims v. MVM, Inc.

Date: Jan 18, 2013

Reaffirmation of 'But-For' Causation in ADEA Claims: Analysis of Sims v. MVM, Inc. Introduction The case of Solomon SIMS, Jr., Plaintiff–Appellant, v. MVM, Inc., Defendant–Appellee (704 F.3d 1327)...

Affirmation of Florida's Patient Self-Referral Act: Upholding State Regulation Over Federal Stark Law

Date: Jan 11, 2013

Affirmation of Florida's Patient Self-Referral Act: Upholding State Regulation Over Federal Stark Law Introduction In the landmark case Fresenius Medical Care Holdings, Inc. v. Florida, the United...

Limitations on Third-Party Beneficiaries and Subject-Matter Jurisdiction: Insights from Interface Kanner, LLC v. JPMorgan Chase Bank

Date: Jan 11, 2013

Limitations on Third-Party Beneficiaries and Subject-Matter Jurisdiction: Insights from Interface Kanner, LLC v. JPMorgan Chase Bank Introduction The case of Interface Kanner, LLC v. JPMorgan Chase...

Eleventh Circuit Abandons Walker: Habeas Corpus Statute of Limitations Now Evaluated Per Claim

Date: Jan 10, 2013

Eleventh Circuit Abandons Walker: Habeas Corpus Statute of Limitations Now Evaluated Per Claim Introduction In the landmark case Michael Duane Zack, III v. Kenneth S. Tucker, Pam Bondi, the United...

Lobo v. Celebrity Cruises: Limitations of LMRA and NLRA in Foreign Maritime Wage Disputes

Date: Jan 8, 2013

Lobo v. Celebrity Cruises: Limitations of LMRA and NLRA in Foreign Maritime Wage Disputes Introduction In the case of LOBO v. CELEBRITY CRUISES, INC., the United States Court of Appeals for the...

Balancing Harm and Help: Evans v. Secretary Establishes Precedence on Mitigation Evidence in Capital Sentencing

Date: Jan 5, 2013

Balancing Harm and Help: Evans v. Secretary Establishes Precedence on Mitigation Evidence in Capital Sentencing Introduction Wydell Evans v. Secretary, Department of Corrections, Attorney General of...

Eleventh Circuit Upholds Dormant Commerce Clause in Stevedore Permit Case

Date: Dec 29, 2012

Eleventh Circuit Upholds Dormant Commerce Clause in Stevedore Permit Case Introduction In the case of Florida Transportation Services, Inc. v. Miami-Dade County, the United States Court of Appeals...

Establishing Pretext in Age Discrimination Cases: Analyzing Kragor v. Takeda Pharmaceuticals

Date: Dec 21, 2012

Establishing Pretext in Age Discrimination Cases: Analyzing Kragor v. Takeda Pharmaceuticals Introduction The case of Barbara Kragor v. Takeda Pharmaceuticals America, Inc. (702 F.3d 1304)...

Affirmation of Florida's Hybrid Capital Sentencing Procedures Post-Ring: Upholding Sixth Amendment Standards

Date: Dec 19, 2012

Affirmation of Florida's Hybrid Capital Sentencing Procedures Post-Ring: Upholding Sixth Amendment Standards Introduction In the landmark case of Paul H. Evans v. Secretary, Florida Department of...

Rozier v. United States: Clarifying the Scope of the Residual Clause in Career Offender Enhancements

Date: Nov 22, 2012

Rozier v. United States: Clarifying the Scope of the Residual Clause in Career Offender Enhancements Introduction Herbert Rozier was convicted in 2001 for distributing crack cocaine under 21 U.S.C. §...

Deliberate Indifference as Satisfying Intentional Discrimination Under §504 Rehabilitation Act: Susan & James Liese v. Indian River County Hospital District

Date: Nov 14, 2012

Deliberate Indifference as Satisfying Intentional Discrimination Under §504 Rehabilitation Act: Susan & James Liese v. Indian River County Hospital District Introduction In the landmark case of Susan...

Holsey v. Warden: Establishing Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: Nov 7, 2012

Holsey v. Warden: Establishing Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction Holsey v. Warden, Georgia Diagnostic Prison (694 F.3d 1230, 11th Cir. 2012) is a...

Limits of Congressional Power under the Offences Clause: Drug Trafficking Outside U.S. Jurisdiction Not an Offense against the Law of Nations

Date: Nov 7, 2012

Limits of Congressional Power under the Offences Clause: Drug Trafficking Outside U.S. Jurisdiction Not an Offense against the Law of Nations Introduction In the case of United States of America v....

Enforcement of AEDPA's Statute of Limitations in Habeas Corpus Petitions: Glover v. Williams

Date: Oct 19, 2012

Enforcement of AEDPA's Statute of Limitations in Habeas Corpus Petitions: Glover v. Williams Introduction The case of Audie Glover v. Stanley Williams addresses significant issues regarding the...

Affirmation of Procedural Bar: Alabama Rule 32.6(b) and Federal Habeas Corpus Review

Date: Oct 11, 2012

Affirmation of Procedural Bar: Alabama Rule 32.6(b) and Federal Habeas Corpus Review Introduction In the case of Anthony Boyd v. Commissioner, Alabama Department of Corrections, decided by the United...

Eleventh Circuit Establishes Standards for Nondiscriminatory Access to Directory Listing Data

Date: Sep 27, 2012

Eleventh Circuit Establishes Standards for Nondiscriminatory Access to Directory Listing Data Introduction In the landmark case of LSSI Data Corp. v. Comcast Phone, LLC (696 F.3d 1114), the United...

Qualified Immunity Reaffirmed for Toll Booth Officials in Fourth Amendment Detention Claims

Date: Sep 20, 2012

Qualified Immunity Reaffirmed for Toll Booth Officials in Fourth Amendment Detention Claims Introduction In the case of Joel E. Chandler, individually and on behalf of all others similarly situated,...

Compliance with Copyright Registration Requirements in Online Publication: Commentary on Kernel Records Oy v. Timbaland

Date: Sep 15, 2012

Compliance with Copyright Registration Requirements in Online Publication: Commentary on Kernel Records Oy v. Timbaland Introduction The case Kernel Records Oy v. Timothy Mosley (Timbaland),...