11th Circuit Case Commentaries

Eleventh Circuit Validates Cognizable Injury in Data Breach Litigation While Limiting Claims Under Specific Florida Statutes

Date: Sep 7, 2012

Eleventh Circuit Validates Cognizable Injury in Data Breach Litigation While Limiting Claims Under Specific Florida Statutes Introduction In the case of Jean Resnick et al. v. AvMed, Inc., the United...

Affirmation of Summary Judgment in Trademark Infringement Case: Suntree Technologies v. Ecosense International

Date: Sep 6, 2012

Affirmation of Summary Judgment in Trademark Infringement Case: Suntree Technologies v. Ecosense International Introduction In the case of Suntree Technologies, Inc. v. Ecosense International, Inc.,...

Eleventh Circuit Upholds Duty of Cruise Lines to Warn Passengers of Known Port of Call Dangers in Perez v. Carnival

Date: Sep 6, 2012

Eleventh Circuit Upholds Duty of Cruise Lines to Warn Passengers of Known Port of Call Dangers in Perez v. Carnival Introduction In the landmark case of Perez v. Carnival Corporation, the United...

Eleventh Circuit Reaffirms FELA Protections: Testimonial Sufficiency Over Equipment Identification

Date: Aug 28, 2012

Eleventh Circuit Reaffirms FELA Protections: Testimonial Sufficiency Over Equipment Identification Introduction Connie Strickland v. Norfolk Southern Railway Company, 692 F.3d 1151 (11th Cir. 2012),...

Shelton v. Department of Corrections: Upholding State Legislative Authority on Mens Rea in Drug Offenses

Date: Aug 25, 2012

Shelton v. Department of Corrections: Upholding State Legislative Authority on Mens Rea in Drug Offenses Introduction In the case of Mackle Vincent Shelton v. Secretary, Department of Corrections,...

T-Mobile Arbitration and Class-Action Waivers: Precedent Set by 11th Circuit

Date: Aug 25, 2012

T-Mobile Arbitration and Class-Action Waivers: Precedent Set by 11th Circuit Introduction In the case of Melissa K. Little, et al. v. T-Mobile USA, Inc. (691 F.3d 1302), the United States Court of...

Preemption of State Immigration Laws: Comprehensive Analysis of Georgia Latino Alliance v. Governor of Georgia

Date: Aug 21, 2012

Preemption of State Immigration Laws: Comprehensive Analysis of Georgia Latino Alliance v. Governor of Georgia Introduction The case of Georgia Latino Alliance for Human Rights v. Governor of Georgia...

Enforcement of Non-Compete Agreements and Application of Collateral Estoppel in Marlite, Inc. v. Eckenrod

Date: Aug 21, 2012

Enforcement of Non-Compete Agreements and Application of Collateral Estoppel in Marlite, Inc. v. Eckenrod Introduction Marlite, Inc. v. Alvin Eckenrod and Modular Wood Systems, Inc. is a landmark...

Affirmation of Habeas Corpus Denial: 11th Circuit Upholds State Court's Application of Brady, Giglio, and Strickland Standards in Ponticelli Case

Date: Aug 17, 2012

Affirmation of Habeas Corpus Denial: 11th Circuit Upholds State Court's Application of Brady, Giglio, and Strickland Standards in Ponticelli Case Introduction In the case of Anthony John Ponticelli...

Clarification on Qualified Immunity in Child Abuse Investigations: Eleventh Circuit in Loftus v. Clark–Moore

Date: Aug 14, 2012

Clarification on Qualified Immunity in Child Abuse Investigations: Eleventh Circuit in Loftus v. Clark–Moore Introduction The case of Loftus v. Clark–Moore adjudicated by the United States Court of...

Affirmation of Georgia's Weapon Carry Restrictions in Places of Worship: Balancing Second Amendment Rights with Private Property Protections

Date: Jul 21, 2012

Affirmation of Georgia's Weapon Carry Restrictions in Places of Worship: Balancing Second Amendment Rights with Private Property Protections Introduction The case of GEORGIACARRY.ORG, INC., The...

Affirmation of Drug Quantity Estimation Standards in United States v. Almedina

Date: Jul 14, 2012

Affirmation of Drug Quantity Estimation Standards in United States v. Almedina Introduction United States v. Hector Almedina, 686 F.3d 1312 (11th Cir. 2012), addresses critical issues surrounding the...

Eleventh Circuit Establishes Waiver of Timeliness Objections in Title VII Claims

Date: Jul 13, 2012

Eleventh Circuit Establishes Waiver of Timeliness Objections in Title VII Claims Introduction In the landmark case of Cristobal D. Ramirez v. Secretary, U.S. Department of Transportation, 686 F.3d...

Eleventh Circuit Upholds Limitations on Sentence Reductions Under 18 U.S.C. § 3582(c)(2) When Mandatory Minimums Apply

Date: Jul 12, 2012

Eleventh Circuit Upholds Limitations on Sentence Reductions Under 18 U.S.C. § 3582(c)(2) When Mandatory Minimums Apply Introduction In United States of America v. Deshawn Travis Glover, the United...

Affirmation of Substantial Upward Sentencing Variance in Bank Robberies Involving Fake Bombs: United States v. James Lee Early

Date: Jul 12, 2012

Affirmation of Substantial Upward Sentencing Variance in Bank Robberies Involving Fake Bombs: United States v. James Lee Early Introduction In the landmark case of United States of America v. James...

Affirmation of Res Judicata in Limited Fund Class Settlements: Juris v. Inamed Corporation

Date: Jul 7, 2012

Affirmation of Res Judicata in Limited Fund Class Settlements: Juris v. Inamed Corporation Introduction The case of Zuzanna Juris v. Inamed Corporation, McGhan Medical Corp., et al. (685 F.3d 1294)...

Defining "Under Color of Law" in §1983 Claims: The Butler v. Sheriff of Palm Beach County Decision

Date: Jul 7, 2012

Defining "Under Color of Law" in §1983 Claims: The Butler v. Sheriff of Palm Beach County Decision Introduction The case of Larry D. Butler v. Sheriff of Palm Beach County, Dorethea Collier, indi,...

Mandatory Particularity in Weighing Treating Physicians' RFC Opinions: Rosario v. Commissioner of Social Security

Date: Jul 4, 2012

Mandatory Particularity in Weighing Treating Physicians' RFC Opinions: Rosario v. Commissioner of Social Security Introduction In the case of Loida Rosario v. Commissioner of Social Security (877 F....

Reaffirming Fourth Amendment Protections: Jurisdiction and Reasonableness in Federal Traffic Stops – United States v. House (11th Cir. 2012)

Date: Jun 21, 2012

Reaffirming Fourth Amendment Protections: Jurisdiction and Reasonableness in Federal Traffic Stops – United States v. House (11th Cir. 2012) Introduction The case of United States of America v....

Affirmation of Convictions under 18 U.S.C. § 2252A: Upholding Miranda Waivers and Statutory Clarity in Child Pornography Cases

Date: Jun 19, 2012

Affirmation of Convictions under 18 U.S.C. § 2252A: Upholding Miranda Waivers and Statutory Clarity in Child Pornography Cases Introduction In the case of United States of America v. Morgan Chase...