11th Circuit Case Commentaries

Alabama's Repose Doctrine Not Applicable to Federal Civil Rights Claims under §1981 and §1982

Date: Sep 29, 2001

Alabama's Repose Doctrine Not Applicable to Federal Civil Rights Claims under §1981 and §1982 Introduction In the case of Ellen Gayle Moore, on Behalf of Themsel v. Liberty National Life Insurance...

Eleventh Circuit Clarifies Ex Post Facto Protections in Bank Fraud and Money Laundering Cases

Date: Sep 28, 2001

Eleventh Circuit Clarifies Ex Post Facto Protections in Bank Fraud and Money Laundering Cases Introduction In the landmark case United States of America v. Fred De La Mata et al. (266 F.3d 1275, 11th...

ICCTA Preemption Does Not Extend to Local Zoning Regulations: FEC Railway v. City of West Palm Beach

Date: Sep 28, 2001

ICCTA Preemption Does Not Extend to Local Zoning Regulations: Florida East Coast Railway Company v. City of West Palm Beach Introduction The case of Florida East Coast Railway Company (FEC) v. City...

Eleventh Circuit Sets Precedent on Copyright Preemption and Limits on Discovery Sanctions in LRP Publications v. Law Bulletin

Date: Sep 28, 2001

Eleventh Circuit Sets Precedent on Copyright Preemption and Limits on Discovery Sanctions in LRP Publications v. Law Bulletin Introduction The case of LRP Publications, Inc. v. Law Bulletin...

Qualified Immunity and Deliberate Indifference: Insights from Marsh v. Butler County

Date: Sep 27, 2001

Qualified Immunity and Deliberate Indifference: Insights from Marsh v. Butler County Introduction MARSH v. BUTLER COUNTY, ALABAMA is a seminal case adjudicated by the United States Court of Appeals...

Eleventh Circuit Upholds Non-Retroactivity and Procedural Bar on Apprendi Claims in McCoy v. United States

Date: Sep 26, 2001

Eleventh Circuit Upholds Non-Retroactivity and Procedural Bar on Apprendi Claims in McCoy v. United States Introduction In the appellate case Chester McCOY v. United States of America, cited as 266...

Abuse of Trust in Medicare Fraud: Insights from United States v. Liss and Spuza

Date: Sep 22, 2001

Abuse of Trust in Medicare Fraud: Insights from United States v. Liss and Spuza Introduction United States of America v. Ira Harvey Liss and Michael Spuza, 265 F.3d 1220, is a seminal case...

Recognition of Chronic Fatigue Syndrome and New Medical Evidence in Social Security Disability Appeals: Vega v. Commissioner of Social Security

Date: Sep 21, 2001

Recognition of Chronic Fatigue Syndrome and New Medical Evidence in Social Security Disability Appeals: Vega v. Commissioner of Social Security Introduction Iris Vega v. Commissioner of Social...

Clarifying Insurance Coverage for Intentional Discrimination: A Comprehensive Analysis of Northland Casualty Company v. HBE Corporation

Date: Sep 14, 2001

Clarifying Insurance Coverage for Intentional Discrimination: A Comprehensive Analysis of Northland Casualty Company v. HBE Corporation Introduction The case of Northland Casualty Company v. HBE...

Establishing Article III Standing in ADA Title III Claims: Insights from Access Now, Inc. v. South Florida Stadium Corp.

Date: Sep 11, 2001

Establishing Article III Standing in ADA Title III Claims: Insights from Access Now, Inc., and Edward Resnick v. South Florida Stadium Corp. Introduction The case of Access Now, Inc., and Edward...

Enforcement of Service of Suit Clauses and the Unanimity Requirement in Federal Removal: Russell Corp. v. American Home Assurance Co.

Date: Sep 7, 2001

Enforcement of Service of Suit Clauses and the Unanimity Requirement in Federal Removal: Russell Corp. v. American Home Assurance Co. Introduction In Russell Corporation v. American Home Assurance...

United States v. Scott: Affirming the Constitutionality of 18 U.S.C. § 922(g)(1) under the Commerce Clause

Date: Aug 29, 2001

United States v. Scott: Affirming the Constitutionality of 18 U.S.C. § 922(g)(1) under the Commerce Clause Introduction In the landmark case United States v. William Andrew Scott, adjudicated by the...

Eleventh Circuit Establishes Material Difference Exception to Trademark Exhaustion in Resale of Genuine Products

Date: Aug 29, 2001

Eleventh Circuit Establishes Material Difference Exception to Trademark Exhaustion in Resale of Genuine Products Introduction The case of Davidoff Cie, S.A., and Lancaster Group US LLC v. PLD...

Standard for Unsealing Documents Under Federal Rule 26(c): Insights from Chicago Tribune Co. v. Bridgestone/Firestone, Inc.

Date: Aug 29, 2001

Standard for Unsealing Documents Under Federal Rule 26(c): Insights from Chicago Tribune Co. v. Bridgestone/Firestone, Inc. Introduction The case of Chicago Tribune Company, The Washington Post...

11th Circuit Affirms Unconstitutionality of University of Georgia's Race-Conscious Admissions Policy

Date: Aug 28, 2001

11th Circuit Affirms Unconstitutionality of University of Georgia's Race-Conscious Admissions Policy Introduction In the landmark case Jennifer L. Johnson et al. v. Board of Regents of the University...

Affirmation of Environmental Crime Convictions under the Clean Water Act and RCRA

Date: Aug 25, 2001

Affirmation of Environmental Crime Convictions under the Clean Water Act and RCRA Introduction In the landmark case United States of America v. Christian A. Hansen, Alfred R. Taylor, et al., the...

Affirmation of PLRA’s Mandate on Individual Filing Fees in Multi-Plaintiff IFP Actions

Date: Aug 22, 2001

Affirmation of PLRA’s Mandate on Individual Filing Fees in Multi-Plaintiff IFP Actions Introduction The case of Earnest Hubbard, Jesse Allen, et al. v. Michael W. Haley, Commissioner, et al. (262...

Admissibility of Dissociative Testimony and Confrontation Rights Affirmed in Dorsey v. Baker

Date: Aug 21, 2001

Admissibility of Dissociative Testimony and Confrontation Rights Affirmed in Dorsey v. Baker Introduction James E. Dorsey, a Georgia prisoner, was convicted of rape, aggravated sodomy, and sexual...

Eleventh Circuit Sets Precedent for Municipal Liability Under §1983 for Sexual Harassment and Assault: Griffin v. City of Opa-Locka

Date: Aug 18, 2001

Eleventh Circuit Sets Precedent for Municipal Liability Under §1983 for Sexual Harassment and Assault: Griffin v. City of Opa-Locka Introduction In the landmark case A. Griffin v. City of Opa-Locka,...

Pennington v. City of Huntsville: Affirmation of Mixed-Motive Defense in Retaliation Claims

Date: Aug 18, 2001

Pennington v. City of Huntsville: Affirmation of Mixed-Motive Defense in Retaliation Claims Introduction Michael Joel Pennington, the plaintiff-appellant, challenged the City of Huntsville...

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