11th Circuit Case Commentaries

Qualified Immunity Affirmed in Mistaken Arrest Under Valid Warrant

Date: Jan 31, 2002

Qualified Immunity Affirmed in Mistaken Arrest Under Valid Warrant Introduction In the case of Joe John Rodríguez v. Wayne W. Farrell, Lois Szczepanski, the United States Court of Appeals for the...

Excessive Force under the Eighth Amendment: The Johnson v. Breeden Decision

Date: Jan 29, 2002

Excessive Force under the Eighth Amendment: The Johnson v. Breeden Decision Introduction In the landmark case of Ernest D. Johnson, Plaintiff-Appellee, v. Brian Breeden, Sgt., Rudolph Gomez,...

Affirmation of Prosecutorial and Sovereign Immunity in Wrongful Conviction Claims - Rowe v. Fort Lauderdale

Date: Jan 24, 2002

Affirmation of Prosecutorial and Sovereign Immunity in Wrongful Conviction Claims - Rowe v. Fort Lauderdale Introduction Robert R. Rowe, the plaintiff-appellant, initiated a lawsuit against multiple...

Clarifying Amount in Controversy Assessment in Class Action Diversity Suits under 28 U.S.C. § 1332

Date: Jan 19, 2002

Clarifying Amount in Controversy Assessment in Class Action Diversity Suits under 28 U.S.C. § 1332 Introduction Shannon Leonard and Theresa Moore v. Enterprise Rent A Car, National Car Rental, et al....

Breedlove v. Moore: Evidentiary Hearing Standards for Brady Claims under AEDPA

Date: Jan 18, 2002

Breedlove v. Moore: Evidentiary Hearing Standards for Brady Claims under AEDPA Introduction Breedlove v. Moore, 279 F.3d 952 (11th Cir. 2002), is a pivotal appellate decision from the United States...

Deference to State Court Decisions in Federal Habeas Corpus Reviews: Insights from Wright v. Secretary for the Department of Corrections

Date: Jan 11, 2002

Deference to State Court Decisions in Federal Habeas Corpus Reviews: Insights from Wright v. Secretary for the Department of Corrections Introduction The case of John Angus Wright v. Secretary for...

Limitation of Privilege in Tortious Interference Claims: Insights from Burger King Corp. v. Ashland Equities, Inc.

Date: Jan 9, 2002

Limitation of Privilege in Tortious Interference Claims: Insights from Burger King Corp. v. Ashland Equities, Inc. Introduction The case of Burger King Corporation v. Ashland Equities, Inc. (181 F....

Obstruction of Justice Enhancement: Indirect Threats to Third Parties Affirmed in United States v. Bradford

Date: Jan 5, 2002

Obstruction of Justice Enhancement: Indirect Threats to Third Parties Affirmed in United States v. Bradford Introduction In the landmark case United States v. Bradford, the United States Court of...

Constructive Knowledge in Hostile Work Environment Claims: Miller v. Kenworth of Dothan, Inc.

Date: Jan 3, 2002

Constructive Knowledge in Hostile Work Environment Claims: Miller v. Kenworth of Dothan, Inc. Introduction Bradley Miller v. Kenworth of Dothan, Inc. is a pivotal Title VII case adjudicated by the...

Rescinding McCarran-Ferguson Act Bar: RESPA Claims Against Insurance Providers

Date: Jan 3, 2002

Rescinding McCarran-Ferguson Act Bar: RESPA Claims Against Insurance Providers Introduction The case of Janet G. Patton v. Triad Guaranty Insurance Corporation represents a pivotal moment in the...

ERISA Preemption and Beneficiary Standing: Insights from HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA

Date: Dec 22, 2001

ERISA Preemption and Beneficiary Standing: Insights from HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA Introduction In the landmark decision of Norman Hobbs, indi v. Blue Cross Blue Shield of Alabama,...

Presumption of Stability in Mental Retardation Claims: Insights from Hodges v. Barnhart

Date: Dec 22, 2001

Presumption of Stability in Mental Retardation Claims: Insights from Hodges v. Barnhart Introduction Essie Hodges v. Jo Anne B. Barnhart, 276 F.3d 1265 (11th Cir. 2001), is a pivotal case in the...

Direct Threat and ADA Compliance: Insights from Spencer Waddell v. Valley Forge Dental Associates

Date: Dec 22, 2001

Direct Threat and ADA Compliance: Insights from Spencer Waddell v. Valley Forge Dental Associates Introduction The case of Spencer Waddell, Plaintiff-Appellant, v. Valley Forge Dental Associates,...

Establishing Independent Liability for Failure to Refund Under 20 U.S.C. §1097(a)

Date: Dec 19, 2001

Establishing Independent Liability for Failure to Refund Under 20 U.S.C. §1097(a) Introduction In the landmark case of UNITED STATES of America v. Judy Weaver, 275 F.3d 1320 (11th Cir. 2001), the...

Application of 11 U.S.C. §506(b) to Pre-Petition Vested Attorney's Fees: Insights from In re Daniel A. Welzel

Date: Dec 18, 2001

Application of 11 U.S.C. §506(b) to Pre-Petition Vested Attorney's Fees: Insights from In re Daniel A. Welzel Introduction In In re Daniel A. Welzel, Debtor, 275 F.3d 1308 (11th Cir. 2001), the...

Enhancing Due Process in Clemency Hearings: Insights from Parker v. State Board of Pardons and Paroles

Date: Dec 12, 2001

Enhancing Due Process in Clemency Hearings: Insights from Parker v. State Board of Pardons and Paroles Introduction The case of Byron Ashley Parker v. The State Board of Pardons and Paroles (275 F.3d...

Pruitt v. United States: Establishing "Relate Back" Standards for Habeas Corpus Amendments under AEDPA

Date: Dec 4, 2001

Pruitt v. United States: Establishing "Relate Back" Standards for Habeas Corpus Amendments under AEDPA United States Court of Appeals, Eleventh Circuit Citation: 274 F.3d 1315 (2001) Date: December...

Standing and Statute of Limitations in Class Certification: Piazza v. EBSCO Industries

Date: Dec 1, 2001

Standing and Statute of Limitations in Class Certification: Piazza v. EBSCO Industries Introduction The case of Charles J. Piazza, Jr. v. EBSCO Industries, Inc. et al. (273 F.3d 1341) was adjudicated...

Final Deportation Orders and Mootness of Bond Proceedings: An Analysis of Al Najjar v. Ashcroft

Date: Nov 29, 2001

Final Deportation Orders and Mootness of Bond Proceedings: An Analysis of Al Najjar v. Ashcroft Introduction The case of Mazen Al Najjar v. Ashcroft, adjudicated by the United States Court of Appeals...

Expansion of FMLA Protections to Former Employees: Smith v. BellSouth Telecommunications

Date: Nov 28, 2001

Expansion of FMLA Protections to Former Employees: Smith v. BellSouth Telecommunications Introduction Smith v. BellSouth Telecommunications, Inc. is a landmark case adjudicated by the United States...

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