11th Circuit Case Commentaries

Eleventh Circuit Clarifies Scope of Arbitration Clauses in Maritime Employment Agreements

Date: Sep 24, 2011

Eleventh Circuit Clarifies Scope of Arbitration Clauses in Maritime Employment Agreements Introduction The case of Jane Doe v. Princess Cruise Lines, Ltd., decided by the United States Court of...

Actual Innocence Exception Limited to Factual Innocence in Sentencing Claims: McKay v. United States

Date: Sep 23, 2011

Actual Innocence Exception Limited to Factual Innocence in Sentencing Claims: McKay v. United States Introduction Torey McKay, the petitioner-appellant, challenged his federal sentencing under 28...

Forfeiture of RICO Claims Due to Procedural Oversights: Insights from Douglas Asphalt Co. v. QORE Inc.

Date: Sep 21, 2011

Forfeiture of RICO Claims Due to Procedural Oversights: Insights from Douglas Asphalt Co. v. QORE Inc. Introduction The case of Douglas Asphalt Co., Joel H. Spivey, Kyle Spivey, Plaintiffs-Appellees,...

Admissibility of Lay Opinion Testimony and Miranda Rights in Terrorism Conspiracy Cases: Comprehensive Commentary on United States v. Jayyousi et al.

Date: Sep 20, 2011

Admissibility of Lay Opinion Testimony and Miranda Rights in Terrorism Conspiracy Cases: Comprehensive Commentary on United States v. Jayyousi et al. Introduction United States v. Kifah Wael...

Affirming Life Without Parole for Juvenile Murderers: An Analysis of Loggins v. Alabama

Date: Sep 8, 2011

Affirming Life Without Parole for Juvenile Murderers: An Analysis of Loggins v. Alabama Introduction Kenneth Loggins v. Kim T. Thomas, (654 F.3d 1204, 11th Cir. 2011), is a significant case in the...

Revival of Arbitration Rights in Amended Complaints: Insights from Krinsk v. SunTrust Banks, Inc.

Date: Sep 8, 2011

Revival of Arbitration Rights in Amended Complaints: Insights from Krinsk v. SunTrust Banks, Inc. Introduction The case of Sara E. Krinsk, Plaintiff-Appellee, v. SunTrust Banks, Inc., et al.,...

Eleventh Circuit Establishes Admissibility of Expert Testimony on Flooring Safety in Negligence Claims

Date: Sep 8, 2011

Eleventh Circuit Establishes Admissibility of Expert Testimony on Flooring Safety in Negligence Claims Introduction The case of Lydia Rosenfeld v. Oceania Cruises, Inc. (654 F.3d 1190, 11th Cir....

Exhaustion of Administrative Remedies and Frivolous Claims Screening in Prisoner §1983 Litigation: Insights from Randall Bingham v. Darlene Thomas et al.

Date: Sep 3, 2011

Exhaustion of Administrative Remedies and Frivolous Claims Screening in Prisoner §1983 Litigation: Insights from Randall Bingham v. Darlene Thomas et al. Introduction The case of Randall Bingham v....

Affirmation of Qualified Immunity Standards in Civil Rights Litigation: Christman v. Holmes

Date: Aug 31, 2011

Affirmation of Qualified Immunity Standards in Civil Rights Litigation: Christman v. Holmes Introduction The case of Siegfried G. Christman v. Ralph Holmes et al. presents a significant examination...

Qualified Immunity Affirmed in Rubio v. Lopez: Implications for Excessive Force Claims

Date: Aug 31, 2011

Qualified Immunity Affirmed in Rubio v. Lopez: Implications for Excessive Force Claims Introduction In Rubio v. Lopez, 445 F. App'x 170 (11th Cir. 2011), the United States Court of Appeals for the...

Enforcement of International Arbitration Agreements: Lindo v. NCL (2011)

Date: Aug 30, 2011

Enforcement of International Arbitration Agreements: Lindo v. NCL (2011) Introduction In Harold Leonel Pineda Lindo v. NCL (Bahamas) Ltd. (NCL), the United States Court of Appeals for the Eleventh...

Eighth Amendment Excessive Force Claims: 11th Circuit Highlights Importance of Comprehensive Evidence in Summary Judgment Decisions

Date: Aug 30, 2011

Eighth Amendment Excessive Force Claims: 11th Circuit Highlights Importance of Comprehensive Evidence in Summary Judgment Decisions Introduction In the case of James Alexander Logan v. Andrew P....

Mamani v. Sanchez Berzaín: Strengthening Pleading Standards under the Alien Tort Statute

Date: Aug 30, 2011

Mamani v. Sanchez Berzaín: Strengthening Pleading Standards under the Alien Tort Statute Introduction Mamani v. Sanchez Berzaín (654 F.3d 1148, 2011) is a pivotal case decided by the United States...

Eleventh Circuit Clarifies Federal Jurisdiction Over FAA §4 Arbitration Petitions in COMMUNITY STATE BANK v. STRONG

Date: Aug 26, 2011

Eleventh Circuit Clarifies Federal Jurisdiction Over FAA §4 Arbitration Petitions in COMMUNITY STATE BANK v. STRONG Introduction In Community State Bank, Cash America Financial Services, Inc., Cash...

Eleventh Circuit Upholds Ban on Class-of-One Equal Protection Claims and Imposes Sanctions for Frivolous Appeals under 28 U.S.C. §1927

Date: Aug 24, 2011

Eleventh Circuit Upholds Ban on Class-of-One Equal Protection Claims and Imposes Sanctions for Frivolous Appeals under 28 U.S.C. §1927 Introduction The case of Joshua Alford v. Consolidated...

United States v. Lopez & Varela: Upholding Joint Trials and Rule 14(a) Severance Standards in Conspiracy and Capital Offenses

Date: Aug 17, 2011

United States v. Lopez & Varela: Upholding Joint Trials and Rule 14(a) Severance Standards in Conspiracy and Capital Offenses Introduction United States of America v. Liana Lee Lopez and Danny...

FLSA Settlements Require Written Agreements and Fair Terms: Hogan v. Allstate Beverage

Date: Aug 16, 2011

FLSA Settlements Require Written Agreements and Fair Terms: Hogan v. Allstate Beverage Introduction In Floyd Hogan, Jr. v. Allstate Beverage Company, Inc., the United States District Court for the...

Affirmation of Conspiracy and Fraud Convictions in Marcus Harrington Case: Implications for Cyber Fraud and Sentencing Enhancements

Date: Aug 12, 2011

Affirmation of Conspiracy and Fraud Convictions in Marcus Harrington Case: Implications for Cyber Fraud and Sentencing Enhancements Introduction In the landmark case of UNITED STATES of America v....

Enforcement Limits of Arbitration Clauses Against Non-Parties: Lawson v. Life of the South Insurance Co.

Date: Aug 11, 2011

Enforcement Limits of Arbitration Clauses Against Non-Parties: Lawson v. Life of the South Insurance Co. Introduction In Lawson v. Life of the South Insurance Company, the United States Court of...

Establishing Precedent for Honest Services Fraud in Political Corruption: United States v. Larry P. Langford

Date: Aug 6, 2011

Establishing Precedent for Honest Services Fraud in Political Corruption: United States v. Larry P. Langford Introduction United States v. Larry P. Langford is a pivotal case in the realm of...