11th Circuit Case Commentaries

Qualified Immunity Affirmed in First Amendment Retaliation Case: Sherrod v. Johnson

Date: Jan 24, 2012

Qualified Immunity Affirmed in First Amendment Retaliation Case: Sherrod v. Johnson Introduction In Sherrod v. Johnson, the United States Court of Appeals for the Eleventh Circuit addressed a pivotal...

Organizing Assistance as a "Thing of Value" Under §302 LMRA: Insights from MULHALL v. UNITE HERE LOCAL 355

Date: Jan 19, 2012

Organizing Assistance as a "Thing of Value" Under §302 LMRA: Insights from MULHALL v. UNITE HERE LOCAL 355 Introduction The legal landscape governing labor relations often grapples with the intricate...

Reversing Qualified Immunity: Edwards v. Shanley Establishes New Precedent on Excessive Police Force

Date: Jan 13, 2012

Reversing Qualified Immunity: Edwards v. Shanley Establishes New Precedent on Excessive Police Force Introduction The case of Colin A. Edwards v. Bryan C. Shanley marks a significant development in...

Eleventh Circuit Establishes FMLA Protection for Pre-Eligibility Leave Requests

Date: Jan 11, 2012

Eleventh Circuit Establishes FMLA Protection for Pre-Eligibility Leave Requests Introduction In the landmark case of Kathryn Pereda v. Brookdale Senior Living Communities, Inc., the United States...

Res Judicata and the Retroactive Application of Legal Changes in Immigration Removal Proceedings

Date: Dec 23, 2011

Res Judicata and the Retroactive Application of Legal Changes in Immigration Removal Proceedings Introduction The case of J. Ascencion Maldonado v. U.S. Attorney General (664 F.3d 1369) presents a...

Upholding Professional Ethics over Individual Beliefs: The 11th Circuit in Keeton v. Anderson-Wiley

Date: Dec 17, 2011

Upholding Professional Ethics over Individual Beliefs: The 11th Circuit in Keeton v. Anderson-Wiley Introduction In the landmark case of Jennifer Keeton, Plaintiff–Appellant, v. Mary Jane...

Enhancing Habeas Corpus Standards: The Consalvo Decision in Federal Post-Conviction Review

Date: Dec 13, 2011

Enhancing Habeas Corpus Standards: The Consalvo Decision in Federal Post-Conviction Review Introduction The case of Robert Consalvo v. Secretary for the Department of Corrections et al., adjudicated...

Strengthening Individualized Assessment in Withholding of Removal Claims: Insights from Ndeye Ndicke Seck v. U.S. Attorney General

Date: Dec 9, 2011

Strengthening Individualized Assessment in Withholding of Removal Claims: Insights from Ndeye Ndicke Seck v. U.S. Attorney General Introduction The case of Ndeye Ndicke Seck v. U.S. Attorney General...

Fraudulent Joinder in Diversity Jurisdiction Clarified in Stillwell v. Allstate

Date: Dec 8, 2011

Fraudulent Joinder in Diversity Jurisdiction Clarified in Stillwell v. Allstate Introduction The case of R. Michael Stillwell v. Allstate Insurance Company presents significant developments in the...

Eleventh Circuit Upholds Multiple Sentences for Separate Drug Conspiracy Charges

Date: Nov 29, 2011

Eleventh Circuit Upholds Multiple Sentences for Separate Drug Conspiracy Charges Introduction In the case of United States of America v. Leonardo Tremayne Carson, the United States Court of Appeals...

Affirmation of Reasonable Doubt Standard in Mental Retardation Claims: Hill v. Humphrey

Date: Nov 23, 2011

Affirmation of Reasonable Doubt Standard in Mental Retardation Claims: Hill v. Humphrey Introduction In the landmark case of Warren Lee HILL, Jr., Petitioner–Appellant, v. Carl HUMPHREY,...

Eleventh Circuit Affirms Summary Judgment on FLSA Overtime Claims: Requirements for Enterprise Coverage and Discovery Limitations

Date: Nov 18, 2011

Eleventh Circuit Affirms Summary Judgment on FLSA Overtime Claims: Requirements for Enterprise Coverage and Discovery Limitations Introduction In the case of Luis Carlos Josendis, and similarly...

Limits on Relief in Tax Refund Suits: Christian Coalition of Florida v. United States

Date: Nov 16, 2011

Limits on Relief in Tax Refund Suits: Christian Coalition of Florida, Inc. v. United States Introduction The case of Christian Coalition of Florida, Inc. v. United States centers around the dismissal...

Affirmation of "For Value" Defense in Ponzi Scheme Fraudulent Transfer Cases

Date: Oct 28, 2011

Affirmation of "For Value" Defense in Ponzi Scheme Fraudulent Transfer Cases Introduction The case of William F. Perkins, Plaintiff-Appellant, v. Aena Y. Haines, James Bronner, Simone Bronner,...

U.S. v. John Doe: Reinforcing Knowledge Requirements and Obstruction Enhancements in Aggravated Identity Theft Cases

Date: Oct 27, 2011

U.S. v. John Doe: Reinforcing Knowledge Requirements and Obstruction Enhancements in Aggravated Identity Theft Cases Introduction In the landmark case of United States of America v. John Doe, decided...

Allocution Rights and Sentencing Errors: An Analysis of United States v. Perez in the 11th Circuit

Date: Oct 27, 2011

Allocution Rights and Sentencing Errors: An Analysis of United States v. Perez in the 11th Circuit Introduction United States v. Rene Gonzalez Perez et al. is a pivotal case adjudicated by the United...

Complete Preemption under ERISA Reinforced: Ehlen Floor Covering, Inc. v. Innovative Pension Strategies, Inc.

Date: Oct 19, 2011

Complete Preemption under ERISA Reinforced: Ehlen Floor Covering, Inc. v. Innovative Pension Strategies, Inc. Introduction In the landmark case Ehlen Floor Covering, Inc., et al. v. Innovative...

Establishing Causation in Title VII Retaliation Claims: Henderson v. FedEx

Date: Oct 7, 2011

Establishing Causation in Title VII Retaliation Claims: Henderson v. FedEx Introduction Henderson v. FedEx Express is a pivotal case adjudicated by the United States Court of Appeals for the Eleventh...

Prolonging Stock Inflation: Eleventh Circuit's Landmark Decision in FindWhat Investor Group v. FindWhat.com

Date: Oct 1, 2011

Prolonging Stock Inflation: Eleventh Circuit's Landmark Decision in FindWhat Investor Group v. FindWhat.com Introduction The case of FindWhat Investor Group, et al. v. FindWhat.com, Craig...

Enhancing Procedural Due Process in Municipal Trespass Ordinances: Eleventh Circuit Sets New Precedent

Date: Sep 29, 2011

Enhancing Procedural Due Process in Municipal Trespass Ordinances: Eleventh Circuit Sets New Precedent Introduction The case of Anthony Catron, Jo Anne Reynolds, William Shumate, and Raymond Young v....