11th Circuit Case Commentaries

Establishing Constructive Possession in Drug Distribution under 21 U.S.C. § 841: United States v. Cochran

Date: Jun 15, 2012

Establishing Constructive Possession in Drug Distribution under 21 U.S.C. § 841: United States v. Cochran 1. Introduction The case of United States of America v. Roderick L. Cochran (683 F.3d 1314)...

Gate Gourmet, Inc. v. Chapter 7 Trustee: Affirming Pregnancy Discrimination and Retaliation Claims under Title VII

Date: Jun 12, 2012

Gate Gourmet, Inc. v. Chapter 7 Trustee: Affirming Pregnancy Discrimination and Retaliation Claims under Title VII Introduction In the case of Chapter 7 Trustee, Plaintiff–Appellant, v. Gate Gourmet,...

Jones v. UPSF: Reevaluating Hostile Work Environment Claims in Summary Judgment

Date: Jun 12, 2012

Jones v. UPSF: Reevaluating Hostile Work Environment Claims in Summary Judgment Introduction Reginald Jones v. UPS Ground Freight, Inc. (683 F.3d 1283) is a pivotal case adjudicated by the United...

Exhaustion of State Remedies for Habeas Corpus Claims: Comprehensive Analysis of Lucas v. Secretary, Department of Corrections

Date: Jun 9, 2012

Exhaustion of State Remedies for Habeas Corpus Claims: Comprehensive Analysis of Lucas v. Secretary, Department of Corrections Introduction Lucas v. Secretary, Department of Corrections (682 F.3d...

Eleventh Circuit Upholds Retaliatory Hostile Work Environment Claims Under Title VII

Date: Jun 5, 2012

Eleventh Circuit Upholds Retaliatory Hostile Work Environment Claims Under Title VII Introduction In the landmark case of Diane T. Gowski, M.D., Sally B. Zachariah, M.D. v. James Peake, M.D.,...

Jurisdictional Limits of Bankruptcy Courts in Enforcing Discharge Injunctions Across Federal Districts

Date: May 31, 2012

Jurisdictional Limits of Bankruptcy Courts in Enforcing Discharge Injunctions Across Federal Districts Introduction In the case of Alderwoods Group, Inc., Osiris Holding of Florida, Inc., Northstar...

Limits on Successive § 2255 Motions: Insights from In re Michael Perez

Date: May 26, 2012

Limits on Successive § 2255 Motions: Insights from In re Michael Perez Introduction The case of In re Michael Perez, adjudicated by the United States Court of Appeals for the Eleventh Circuit on May...

Enhanced Disclosure Duties in Real Estate Transactions: Insights from Virgilio v. Ryland Group, Inc.

Date: May 19, 2012

Enhanced Disclosure Duties in Real Estate Transactions: Insights from Virgilio v. Ryland Group, Inc. Introduction In the landmark case Virgilio v. Ryland Group, Inc., the United States Court of...

Reversing Summary Judgment in Pregnancy Discrimination: Hamilton v. Southland Christian School

Date: May 17, 2012

Reversing Summary Judgment in Pregnancy Discrimination: Hamilton v. Southland Christian School Introduction In Jarretta P. Hamilton v. Southland Christian School, Inc., the United States Court of...

Liability of Lenders in Fraudulent Transfers: An Analysis of In re Tousa, Inc., et al.

Date: May 16, 2012

Liability of Lenders in Fraudulent Transfers: An Analysis of In re Tousa, Inc., et al. Introduction The case In re Tousa, Inc., et al., 680 F.3d 1298 (2012), adjudicated by the United States Court of...

Establishing Precedent on Ineffective Assistance of Counsel in Penalty Phase and AEDPA Applicability: Insights from Pope v. Secretary for the Department of Corrections

Date: May 16, 2012

Establishing Precedent on Ineffective Assistance of Counsel in Penalty Phase and AEDPA Applicability: Insights from Pope v. Secretary for the Department of Corrections, 680 F.3d 1271 Introduction...

Insurable Interest and Misrepresentation in Insurance Claims: Insights from Colony Insurance Co. v. 9400 Abercorn, LLC

Date: May 11, 2012

Insurable Interest and Misrepresentation in Insurance Claims: Insights from Colony Insurance Co. v. 9400 Abercorn, LLC Introduction In the case of Colony Insurance Company v. 9400 Abercorn, LLC (Case...

Harmless Error in Miranda Violation: Mansfield v. Department of Corrections

Date: May 10, 2012

Harmless Error in Miranda Violation: Mansfield v. Department of Corrections Introduction Scott Mansfield, the petitioner, was convicted of first-degree murder in the State of Florida for the brutal...

ERISA Fiduciary Duties and the Presumption of Prudence: Insights from LANFEAR v. HOME DEPOT

Date: May 9, 2012

ERISA Fiduciary Duties and the Presumption of Prudence: Insights from LANFEAR v. HOME DEPOT Introduction LANFEAR v. HOME DEPOT, Inc., 679 F.3d 1267 (11th Cir. 2012), is a pivotal case that delves...

Eleventh Circuit Upholds Rooker-Feldman Doctrine in Postconviction DNA Access Case

Date: May 9, 2012

Eleventh Circuit Upholds Rooker-Feldman Doctrine in Postconviction DNA Access Case Introduction In the landmark case of Carl Robert Alvarez v. Attorney General for the State of Florida (679 F.3d...

11th Circuit Establishes Criteria for Law Firms as 'Debt Collectors' under FDCPA

Date: May 2, 2012

11th Circuit Establishes Criteria for Law Firms as 'Debt Collectors' under FDCPA Introduction The case of Izell Reese, Raven Reese v. Ellis, Painter, Ratterree & Adams, LLP presents a pivotal...

Retention of Jurisdiction After Rule 41(a)(1)(A)(ii) Dismissal: An In-Depth Analysis of Anago Franchising, Inc. v. Shaz, LLC

Date: Apr 24, 2012

Retention of Jurisdiction After Rule 41(a)(1)(A)(ii) Dismissal: An In-Depth Analysis of Anago Franchising, Inc. v. Shaz, LLC Introduction The case Anago Franchising, Inc. v. Shaz, LLC, adjudicated by...

Enhancing Standards for Ineffective Assistance of Counsel Appeals under AEDPA: The Morris v. Secretary Decision

Date: Apr 21, 2012

Enhancing Standards for Ineffective Assistance of Counsel Appeals under AEDPA: The Morris v. Secretary Decision Introduction Robert Morris v. Secretary, Department of Corrections, 677 F.3d 1117,...

Reaffirmation of Strict Equitable Tolling Requirements in Federal Habeas Corpus: HUTCHINSON v. STATE of Florida

Date: Apr 20, 2012

Reaffirmation of Strict Equitable Tolling Requirements in Federal Habeas Corpus: HUTCHINSON v. STATE of Florida Introduction In the landmark case of Jeffrey Glenn Hutchinson, Petitioner - Appellant,...

Eleventh Circuit Reinforces Pregnancy Discrimination Protections and Limits After-Acquired Evidence Defense in Hollands v. Gee

Date: Apr 18, 2012

Eleventh Circuit Reinforces Pregnancy Discrimination Protections and Limits After-Acquired Evidence Defense in Hollands v. Gee Introduction The case of Lisa M. Holland v. David A. Gee marked a...