11th Circuit Case Commentaries

Affirmation of Separate Entity Status under Title VII: Laurie v. Alabama Court of Criminal Appeals

Date: Jul 13, 2001

Affirmation of Separate Entity Status under Title VII: Laurie v. Alabama Court of Criminal Appeals Introduction The case Jackie Laurie and Barbara Lindsey v. Alabama Court of Criminal Appeals...

Strict Compliance Required for Timely EEOC Filing in ADA Discrimination Cases: MAYNARD v. PNEUMATIC PRODUCTS CORP.

Date: Jul 13, 2001

Strict Compliance Required for Timely EEOC Filing in ADA Discrimination Cases: MAYNARD v. PNEUMATIC PRODUCTS CORP. Introduction Donald C. Maynard, an assembly line worker, was employed by Pneumatic...

Reaffirming Central Bank: Limits on Primary Liability of Accounting and Law Firms under Section 10(b) - ZIEMBA v. CASCADE INTERNATIONAL

Date: Jul 12, 2001

Reaffirming Central Bank: Limits on Primary Liability of Accounting and Law Firms under Section 10(b) Introduction The case of James ZIEMBA, Patricia MacDougle, et. al. v. Cascade International,...

Affirmation of Employer Liability for Intentional Infliction of Emotional Distress: Middlebrooks v. Hillcrest Foods

Date: Jul 12, 2001

Affirmation of Employer Liability for Intentional Infliction of Emotional Distress: Middlebrooks v. Hillcrest Foods Introduction Middlebrooks v. Hillcrest Foods, Inc., 256 F.3d 1241 (11th Cir. 2001),...

Effective Assistance of Counsel and Financial Conflict of Interest in §2255 Petitions: Insights from Caderno v. United States

Date: Jul 12, 2001

Effective Assistance of Counsel and Financial Conflict of Interest in §2255 Petitions: Insights from Caderno v. United States Introduction The case of Juan Vincente Caderno v. United States addresses...

Enhancing Scienter Standards in Securities Fraud Class Actions: Theoharous and Schuette v. Fong et al.

Date: Jul 12, 2001

Enhancing Scienter Standards in Securities Fraud Class Actions: Theoharous and Schuette v. Fong et al. Introduction In Theoharous and Schuette v. Fong et al., the United States Court of Appeals for...

Collateral Estoppel Precludes Tortious Interference Claims: McMahan v. TOTO

Date: Jul 11, 2001

Collateral Estoppel Precludes Tortious Interference Claims: McMahan v. TOTO Introduction McMahan v. TOTO is a significant appellate decision from the United States Court of Appeals for the Eleventh...

Reaffirming Impeachment Standards under Federal Rule of Evidence 806 in Conspiracy Cases: Grant v. United States

Date: Jul 11, 2001

Reaffirming Impeachment Standards under Federal Rule of Evidence 806 in Conspiracy Cases: Grant v. United States Introduction In United States v. Nicholas Grant, 256 F.3d 1146 (11th Cir. 2001), the...

Procedural Default and Exhaustion of State Remedies: Eleventh Circuit's Application of Boerckel in Smith v. Jones

Date: Jul 11, 2001

Procedural Default and Exhaustion of State Remedies: Eleventh Circuit's Application of Boerckel in Smith v. Jones Introduction Smith v. Jones is a landmark decision rendered by the United States...

Procedural Default and Ineffective Assistance of Counsel in JOHNSON v. STATE of Alabama

Date: Jul 11, 2001

Procedural Default and Ineffective Assistance of Counsel in JOHNSON v. STATE of Alabama Introduction Case: Anthony Keith JOHNSON, Petitioner-Appellant, v. State of ALABAMA, John E. Nagle,...

Standing in ADA Cases for Injunctive Relief: Insights from Shotz v. Cates

Date: Jul 10, 2001

Standing in ADA Cases for Injunctive Relief: Insights from Shotz v. Cates Introduction The case of Frederick Arthur Shotz and Joseph Tacl v. Robert P. Cates addresses significant issues under the...

Reverse Discrimination Revisited: Bass v. Orange County Commissioners Establishes New Precedent on Affirmative Action Practices

Date: Jul 10, 2001

Reverse Discrimination Revisited: Bass v. Orange County Commissioners Establishes New Precedent on Affirmative Action Practices Introduction In Michael W. Bass v. Board of County Commissioners,...

Tolling Federal Habeas Corpus Limitations: Insights from Tinker v. Moore

Date: Jul 7, 2001

Tolling Federal Habeas Corpus Limitations: Insights from Tinker v. Moore Introduction Gerald Tinker v. Michael W. Moore, 255 F.3d 1331 (11th Cir. 2001), represents a pivotal case in the realm of...

Intake Questionnaires Do Not Qualify as Formal EEOC Charges under Title VII: Insights from Pijnenburg v. West Georgia Health System

Date: Jul 6, 2001

Intake Questionnaires Do Not Qualify as Formal EEOC Charges under Title VII: Insights from Pijnenburg v. West Georgia Health System Introduction The case of Robin Pijnenburg v. West Georgia Health...

Thompson v. Haley: Upholding Conviction and Affirming Standards for Effective Counsel and Voluntary Confessions

Date: Jul 4, 2001

Thompson v. Haley: Upholding Conviction and Affirming Standards for Effective Counsel and Voluntary Confessions Introduction In Thompson v. Haley, the United States Court of Appeals for the Eleventh...

Affirmation of Ineffective Assistance Claims in Capital Murder: The Gary Leon Brown Case

Date: Jun 30, 2001

Affirmation of Ineffective Assistance Claims in Capital Murder: The Gary Leon Brown Case Introduction The case of Gary Leon Brown v. Charlie P. Jones, adjudicated in the United States Court of...

Public Benefit as a Measure of Success in §1988 Attorney Fee Awards: Villano v. City of Boynton Beach Analysis

Date: Jun 28, 2001

Public Benefit as a Measure of Success in §1988 Attorney Fee Awards: Villano v. City of Boynton Beach Analysis Introduction Jason Villano v. City of Boynton Beach, 254 F.3d 1302 (11th Cir. 2001), is...

Exhaustion of Administrative Remedies and Statute of Limitations: Insights from Arsenio Leal v. Georgia Department of Corrections

Date: Jun 26, 2001

Exhaustion of Administrative Remedies and Statute of Limitations: Insights from Arsenio Leal v. Georgia Department of Corrections Introduction In the landmark case of Arsenio Leal v. Georgia...

Appellate Unreviewability of Summary Judgment Denials Post-Trial: Lind v. United Parcel Service

Date: Jun 26, 2001

Appellate Unreviewability of Summary Judgment Denials Post-Trial: Lind v. United Parcel Service Introduction In the case of Michelle Lind v. United Parcel Service, Inc. (254 F.3d 1281), the United...

SAXTON v. ACF INDUSTRIES: 11th Circuit Incorporates Alabama's Relation-Back Rules under Fed. R. Civ. P. 15(c)(1)

Date: Jun 19, 2001

SAXTON v. ACF INDUSTRIES: 11th Circuit Incorporates Alabama's Relation-Back Rules under Fed. R. Civ. P. 15(c)(1) Introduction SAXTON v. ACF INDUSTRIES, Inc., 254 F.3d 959 (11th Cir. 2001), is a...

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