11th Circuit Case Commentaries

Affirmation of Learned Intermediary Doctrine and Standards for Punitive Damages in Manufacturer Liability: Toole v. Baxter Healthcare Corporation

Date: Dec 15, 2000

Affirmation of Learned Intermediary Doctrine and Standards for Punitive Damages in Manufacturer Liability: Toole v. Baxter Healthcare Corporation Introduction Toole v. Baxter Healthcare Corporation,...

Eleventh Circuit Limits Corporate Intervention in Social Security Disability Hearings

Date: Dec 15, 2000

Eleventh Circuit Limits Corporate Intervention in Social Security Disability Hearings Introduction In Crawford Company v. Apfel, 235 F.3d 1298 (11th Cir. 2000), the United States Court of Appeals for...

TOUCHSTON v. McDERMOTT: Upholding Standards for Preliminary Injunctions in Election Recount Litigation

Date: Dec 7, 2000

TOUCHSTON v. McDERMOTT: Upholding Standards for Preliminary Injunctions in Election Recount Litigation Introduction TOUCHSTON v. McDERMOTT, 234 F.3d 1163 (11th Cir. 2000), is a pivotal case arising...

Clarifying ADA Disability Standards: The Affirmation in Chanda v. Engelhard/ICC

Date: Dec 5, 2000

Clarifying ADA Disability Standards: The Affirmation in Chanda v. Engelhard/ICC Introduction Chanda v. Engelhard/ICC, 234 F.3d 1219 (11th Cir. 2000), addresses the nuanced interpretation of the...

Application of Strickland and Hitchcock Standards in Death Penalty Habeas Corpus: Bottoson v. Moore

Date: Nov 30, 2000

Application of Strickland and Hitchcock Standards in Death Penalty Habeas Corpus: Bottoson v. Moore Introduction Bottoson v. Moore is a significant appellate decision by the United States Court of...

Reevaluation of Supervisor Liability in Sexual Harassment: Johnson v. Booker T. Washington Broadcasting Service

Date: Nov 30, 2000

Reevaluation of Supervisor Liability in Sexual Harassment: Johnson v. Booker T. Washington Broadcasting Service Introduction In Dallas Johnson v. Booker T. Washington Broadcasting Service, Inc., the...

Eleventh Circuit Sets Precedent on RICO Claims and Non-Disclosure Under the Safety Act: No Mail or Wire Fraud

Date: Nov 30, 2000

Eleventh Circuit Sets Precedent on RICO Claims and Non-Disclosure Under the Safety Act: No Mail or Wire Fraud Introduction In the landmark case of Lisa M. Ayres et al. v. General Motors Corporation...

Davis v. Dually: Upholding Deliberate Indifference Standard for School District Liability under Title IX

Date: Nov 25, 2000

Davis v. Dually: Upholding Deliberate Indifference Standard for School District Liability under Title IX Introduction Davis v. Dually, 233 F.3d 1367 (11th Cir. 2000), addresses a critical issue of...

Arbitration Agreements in Consumer Credit Do Not Violate ECOA: Insights from Bowen v. First Family Financial Services

Date: Nov 23, 2000

Arbitration Agreements in Consumer Credit Do Not Violate ECOA: Insights from Bowen v. First Family Financial Services Introduction In the landmark case of Ozie Bowen, on behalf of himself and all...

Clarifying EEOC Charge Filing Period: Eleventh Circuit's Ruling in Stewart v. Booker T. Washington Insurance

Date: Nov 10, 2000

Clarifying EEOC Charge Filing Period: Eleventh Circuit's Ruling in Stewart v. Booker T. Washington Insurance Introduction The case of Valda Stewart v. Booker T. Washington Insurance Company serves as...

Public Employer’s Authority Over Affirmative Action Reports and Employee Speech: Rice-Lamar v. City of Fort Lauderdale

Date: Nov 9, 2000

Public Employer’s Authority Over Affirmative Action Reports and Employee Speech: Rice-Lamar v. City of Fort Lauderdale Introduction In Deborah Rice-Lamar v. City of Fort Lauderdale, Florida, the...

Apprendi Principle Applied to Drug Quantity Sentencing under 21 U.S.C. §841: Eleventh Circuit Affirms 32-Year Sentence

Date: Nov 8, 2000

Apprendi Principle Applied to Drug Quantity Sentencing under 21 U.S.C. §841: Eleventh Circuit Affirms 32-Year Sentence Introduction The case of United States of America v. Renard Maurice Nealy,...

Affirmation of No Duty to Disclose in Federal Mail and Wire Fraud Claims: Langford v. Rite Aid

Date: Nov 3, 2000

Affirmation of No Duty to Disclose in Federal Mail and Wire Fraud Claims: Langford v. Rite Aid Introduction The case Barry P. Langford, individ. as representative of a class of similarly situated...

Defining Disability Under ADA: Brenda Cash v. Alabama Power Company, 231 F.3d 1301 (11th Cir. 2000)

Date: Nov 2, 2000

Defining Disability Under ADA: Brenda Cash v. Alabama Power Company, 231 F.3d 1301 (11th Cir. 2000) Introduction Brenda Cash v. Alabama Power Company is a pivotal case adjudicated by the United...

Eleventh Circuit Reinforces Standards on Selective Prosecution Claims in Voter Fraud Case Smith v. Tyree

Date: Oct 26, 2000

Eleventh Circuit Reinforces Standards on Selective Prosecution Claims in Voter Fraud Case Smith v. Tyree Introduction In the landmark case of United States of America v. Frank Smith and Connie Tyree...

Expanding Title VII Protections: Adverse Employment Actions Beyond State-Defined Demotions

Date: Oct 26, 2000

Expanding Title VII Protections: Adverse Employment Actions Beyond State-Defined Demotions Introduction The case of Kay Sessoms HINSON v. CLINCH COUNTY BOARD OF EDUCATION addresses significant issues...

Eleventh Circuit Upholds FMLA Eligibility Criteria, Invalidates § 825.110(d) Regulation in Brungart v. BellSouth

Date: Oct 25, 2000

Eleventh Circuit Upholds FMLA Eligibility Criteria, Invalidates § 825.110(d) Regulation in Brungart v. BellSouth Introduction The case of Robin Amaro Brungart v. BellSouth Telecommunications, Inc....

Reaffirming Reasonable Suspicion Standards in Investigatory Stops: U.S. v. Gordon and the Wardlow Precedent

Date: Oct 24, 2000

Reaffirming Reasonable Suspicion Standards in Investigatory Stops: U.S. v. Gordon and the Wardlow Precedent Introduction The case of United States of America v. Darren Demeatrie Gordon (231 F.3d 750,...

Eleventh Circuit Reinforces Qualified Immunity for Police Officials in Retaliation Claims

Date: Oct 17, 2000

Eleventh Circuit Reinforces Qualified Immunity for Police Officials in Retaliation Claims Introduction In the landmark case of Valinda F. Oladeinde and Patricia L. Fields v. City of Birmingham,...

Substantive Due Process and Excessive Corporal Punishment in Schools: Neal v. Fulton County Board of Education

Date: Oct 7, 2000

Substantive Due Process and Excessive Corporal Punishment in Schools: Neal v. Fulton County Board of Education Introduction The case of Durante Neal v. Fulton County Board of Education, adjudicated...

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