11th Circuit Case Commentaries

Clarifying the After-Acquired Evidence Doctrine in Pregnancy Discrimination Cases: Holland v. Sheriff Gee

Date: Apr 18, 2012

Clarifying the After-Acquired Evidence Doctrine in Pregnancy Discrimination Cases: Holland v. Sheriff Gee Introduction Holland v. Sheriff Gee is a landmark decision by the United States Court of...

Realignment of Parties in Diversity Jurisdiction: City of Vestavia Hills v. General Fidelity Insurance Company

Date: Apr 14, 2012

Realignment of Parties in Diversity Jurisdiction: City of Vestavia Hills v. General Fidelity Insurance Company Introduction City of Vestavia Hills v. General Fidelity Insurance Company, 676 F.3d 1310...

Affirming Federal Child Pornography Statutes: United States v. Lebowitz and Its Implications

Date: Apr 6, 2012

Affirming Federal Child Pornography Statutes: United States v. Lebowitz and Its Implications Introduction The case of United States v. Adam Wayne Lebowitz serves as a pivotal decision in the realm of...

Affirming False Imprisonment as a Crime of Violence: Chitwood v. United States

Date: Apr 6, 2012

Affirming False Imprisonment as a Crime of Violence: Chitwood v. United States Introduction The case of United States of America v. Andrew Jackson Chitwood addresses a pivotal issue in federal...

Upholding Due Process: The 11th Circuit's Ruling in Reese v. REESE on Prosecutorial Conduct During Sentencing

Date: Mar 31, 2012

Upholding Due Process: The 11th Circuit's Ruling in Reese v. REESE on Prosecutorial Conduct During Sentencing Introduction The case of John Loveman Reese v. Secretary, Florida Department of...

Enhancing Officer Safety: 11th Circuit Upholds Extended Terry Stop During Firearm Investigations

Date: Mar 24, 2012

Enhancing Officer Safety: 11th Circuit Upholds Extended Terry Stop During Firearm Investigations Introduction In United States of America v. Omar Oneil Lewis, 674 F.3d 1298 (11th Cir. 2012), the...

Eleventh Circuit Affirms 'Crime of Violence' Classification for Resisting an Officer with Violence under Florida Statute §843.01

Date: Mar 21, 2012

Eleventh Circuit Affirms 'Crime of Violence' Classification for Resisting an Officer with Violence under Florida Statute §843.01 Introduction The case of United States of America v. Hector Manuel...

11th Circuit Reinforces Qualified Immunity in Non-Custodial Substantive Due Process Claims

Date: Mar 17, 2012

11th Circuit Reinforces Qualified Immunity in Non-Custodial Substantive Due Process Claims Introduction The case of Jane Doe v. Kaye E. Braddy, Janet E. English, et al., adjudicated by the United...

Eleventh Circuit Affirms Exclusivity of CERCLA §113(f) for Cost Recovery in Consent Decrees: Solutia, Inc. v. McWANE, Inc.

Date: Mar 7, 2012

Eleventh Circuit Affirms Exclusivity of CERCLA §113(f) for Cost Recovery in Consent Decrees Introduction The case of Solutia, Inc. and Pharmacia Corporation v. McWANE, Inc., decided by the United...

Actual Innocence Exception under AEDPA Narrowly Defined: Insights from Rozzelle v. Secretary, Florida Department of Corrections

Date: Mar 1, 2012

Actual Innocence Exception under AEDPA Narrowly Defined: Insights from Rozzelle v. Secretary, Florida Department of Corrections Introduction Rozzelle v. Secretary, Florida Department of Corrections,...

Qualified Immunity in Excessive Force Claims: Hoyt v. Cooks and Harkleroad

Date: Feb 28, 2012

Qualified Immunity in Excessive Force Claims: Hoyt v. Cooks and Harkleroad Introduction In the landmark case Martha Hoyt, Individually, and as Administrator of the Estate of James Christopher Allen,...

Refinement of 'Violent Felony' Classification Under ACCA: 11th Circuit Excludes Alabama's Second Degree Rape and Sodomy

Date: Feb 28, 2012

Refinement of 'Violent Felony' Classification Under ACCA: 11th Circuit Excludes Alabama's Second Degree Rape and Sodomy Introduction In the landmark case of United States of America v. Christopher...

Eleventh Circuit Reverses Dismissal in Qui Tam False Claims Act Case: Clarifying Particularity Requirements and Reverse False Claims Liability

Date: Feb 23, 2012

Eleventh Circuit Reverses Dismissal in Qui Tam False Claims Act Case: Clarifying Particularity Requirements and Reverse False Claims Liability Introduction In United States of America ex rel. Lucas...

Willful and Malicious Injury in Fraudulent Transfers Under 11 U.S.C. § 523(a)(6): In Re Janice K. Jennings

Date: Feb 23, 2012

Willful and Malicious Injury in Fraudulent Transfers Under 11 U.S.C. § 523(a)(6): In Re Janice K. Jennings Introduction The case In Re Janice K. Jennings, Debtor involves a complex interplay between...

Affirmation of CDC's Removal of Employee Under RFRA and Title VII Protections

Date: Feb 8, 2012

Affirmation of CDC's Removal of Employee Under RFRA and Title VII Protections Introduction In the case of Marcia Walden v. Centers for Disease Control and Prevention (CDC), the United States Court of...

Breach of Contract Immunity and Due Process in Educational Institutions: Barnes v. Zaccari

Date: Feb 8, 2012

Breach of Contract Immunity and Due Process in Educational Institutions: Barnes v. Zaccari Introduction In Thomas Hayden Barnes v. Ronald M. Zaccari, the United States Court of Appeals for the...

Double Jeopardy and Indictment Sufficiency in Child Exploitation Enterprise Prosecutions

Date: Feb 7, 2012

Double Jeopardy and Indictment Sufficiency in Child Exploitation Enterprise Prosecutions Introduction In the landmark case of United States of America v. Neville McGarity et al. (669 F.3d 1218, 11th...

Strict Standing Requirements in Voting Rights Litigation: Insights from Swann v. Hartfield

Date: Feb 3, 2012

Strict Standing Requirements in Voting Rights Litigation: Insights from Swann v. Hartfield Introduction The case of Hassan Swann v. David A. Hartfield, adjudicated by the United States Court of...

Knowledge Sufficiency in Drug Conspiracy Charges: Sanders v. United States

Date: Feb 3, 2012

Knowledge Sufficiency in Drug Conspiracy Charges: Sanders v. United States Introduction In the case of United States of America v. Walter Sanders, Jr., 668 F.3d 1298 (11th Cir. 2012), the United...

Qualified Immunity and the Reasonableness of Deadly Force in Traffic Stops

Date: Jan 31, 2012

Qualified Immunity and the Reasonableness of Deadly Force in Traffic Stops Introduction The case of Thomas E. Terrell v. Steve Smith adjudicated by the United States Court of Appeals, Eleventh...