11th Circuit Case Commentaries

Clarifying Qualified Immunity Standards in Excessive Force Claims: 11th Circuit’s Decision in Fils v. City of Aventura

Date: Jul 29, 2011

Clarifying Qualified Immunity Standards in Excessive Force Claims: 11th Circuit’s Decision in Fils v. City of Aventura Introduction In the case of Cindy Fils, Nemours Maurice, Plaintiffs-Appellees v....

Equitable Tolling under AEDPA: Chavez v. Florida Department of Corrections

Date: Jul 26, 2011

Equitable Tolling under AEDPA: Chavez v. Florida Department of Corrections Introduction Chavez v. Florida Department of Corrections is a pivotal case adjudicated by the United States Court of Appeals...

Access to DNA Evidence Under §1983: Analysis of Van Poyck v. McCollum

Date: Jul 16, 2011

Access to DNA Evidence Under §1983: Analysis of Van Poyck v. McCollum Introduction In the landmark case of William Van Poyck v. Bill McCollum et al., decided by the United States Court of Appeals for...

Eleventh Circuit Holds Second §2255 Motion Not Successive When Based on Newly Vacated Predicate Convictions

Date: Jul 15, 2011

Eleventh Circuit Holds Second §2255 Motion Not Successive When Based on Newly Vacated Predicate Convictions Introduction In the landmark case of Sherodney Stewart v. United States, 646 F.3d 856 (11th...

Borden v. Allen: Eleventh Circuit Clarifies Scope of AEDPA Review on State Rule 32.6(b) Dismissals

Date: Jul 13, 2011

Borden v. Allen: Eleventh Circuit Clarifies Scope of AEDPA Review on State Rule 32.6(b) Dismissals Introduction The case of Jeffery Lynn Borden v. Richard F. Allen represents a pivotal decision by...

Framework for Florida's Offer of Judgment and FDUTPA Fee-Shifting: Insights from Horowitch v. Diamond Aircraft Industries

Date: Jul 8, 2011

Framework for Florida's Offer of Judgment and FDUTPA Fee-Shifting: Insights from Horowitch v. Diamond Aircraft Industries Introduction In the landmark case of Alan Horowitch v. Diamond Aircraft...

Affirmation of Law Enforcement’s Authority to Detain During Search Warrants: Croom v. Balkwill

Date: Jul 8, 2011

Affirmation of Law Enforcement’s Authority to Detain During Search Warrants: Croom v. Balkwill Introduction The case Patsy Croom v. William F. Balkwill, decided by the United States Court of Appeals...

MetLife v. Blankenship: Upholding Reasonable ERISA Benefits Decisions Amid Structural Conflicts

Date: Jul 1, 2011

MetLife v. Blankenship: Upholding Reasonable ERISA Benefits Decisions Amid Structural Conflicts Introduction In the landmark case of Frank Blankenship v. Metropolitan Life Insurance Company (644 F.3d...

Eleventh Circuit Establishes Precedent on Reverse Discrimination through Circumstantial Evidence

Date: Jul 1, 2011

Eleventh Circuit Establishes Precedent on Reverse Discrimination through Circumstantial Evidence Introduction In the landmark case of William Smith et al. v. Lockheed-Martin Corporation, adjudicated...

Affirming Summary Judgment in Strict Product Liability: Williams v. Mast Biosurgery USA, Inc.

Date: Jul 1, 2011

Affirming Summary Judgment in Strict Product Liability: Williams v. Mast Biosurgery USA, Inc. Introduction Wanda Williams, the plaintiff-appellant, initiated a diversity action against Mast...

United States v. Bradley et al.: Reinforcement of RICO's "Relevant Conduct" and Limitations on Forfeiture Proceedings

Date: Jun 30, 2011

United States v. Bradley et al.: Reinforcement of RICO's "Relevant Conduct" and Limitations on Forfeiture Proceedings Introduction The case of United States of America, Plaintiff-Appellee, v. Martin...

Establishing Comparator Validity in Employment Discrimination Claims: Analysis of Vega v. Invsco Group, Ltd.

Date: Jun 25, 2011

Establishing Comparator Validity in Employment Discrimination Claims: Analysis of Vega v. Invsco Group, Ltd. Introduction Diana Vega v. Invsco Group, Ltd. is a pivotal case adjudicated by the United...

Eleventh Circuit Upholds FLSA Protections for Illegal Aliens in Employment Disputes

Date: Jun 24, 2011

Eleventh Circuit Upholds FLSA Protections for Illegal Aliens in Employment Disputes Introduction The case of Ivonne E. Galdames, Jacqueline Galdames, and Guillermo Osorio versus N D Investment...

Enhanced Scrutiny of ALJ's Consideration of Medical Opinions in Social Security Disability Claims

Date: Jun 23, 2011

Enhanced Scrutiny of ALJ's Consideration of Medical Opinions in Social Security Disability Claims Introduction The case of Walbert Lawton v. Commissioner of Social Security (431 F. App'x 830),...

Establishing Municipal Liability for Deliberate Indifference Under 42 U.S.C. § 1983: Insights from Craig v. Floyd County

Date: Jun 21, 2011

Establishing Municipal Liability for Deliberate Indifference Under 42 U.S.C. § 1983: Insights from Craig v. Floyd County Introduction The case of Henry Craig v. Floyd County, Georgia, et al.,...

Statute of Limitations Applied to Eighth Amendment Claims in Lethal Injection Protocols

Date: Jun 16, 2011

Statute of Limitations Applied to Eighth Amendment Claims in Lethal Injection Protocols Introduction The case Eddie D. Powell v. Kim Thomas presents a critical examination of the intersection between...

United States of America v. Hill et al.: Establishing Precedents in Multi-Defendant Fraud Prosecutions

Date: Jun 15, 2011

United States of America v. Hill et al.: Establishing Precedents in Multi-Defendant Fraud Prosecutions Introduction The case of United States of America v. Phillip E. Hill, et al. (643 F.3d 807)...

Johnson v. Secretary, DOC: Reinforcing Effective Counsel’s Duty to Investigate Mitigating Circumstances in Death Penalty Sentencing

Date: Jun 15, 2011

Johnson v. Secretary, DOC: Reinforcing Effective Counsel’s Duty to Investigate Mitigating Circumstances in Death Penalty Sentencing Introduction Johnson v. Secretary, DOC (643 F.3d 907, 11th Cir....

Qualified Immunity Affirmed Despite Fourth Amendment Violation in Warrantless Entry into Open Garage

Date: Jun 4, 2011

Qualified Immunity Affirmed Despite Fourth Amendment Violation in Warrantless Entry into Open Garage Introduction In the appellate case of John Coffin, Cynthia Coffin, Plaintiffs-Appellants, v. Stacy...

Defining "Adjudication on the Merits" under AEDPA: Insights from CHILDERS v. FLOYD

Date: Jun 3, 2011

Defining "Adjudication on the Merits" under AEDPA: Insights from CHILDERS v. FLOYD Introduction Wyon Dale Childers v. Willie L. Floyd, 642 F.3d 953 (11th Cir. 2011), is a pivotal case in...