11th Circuit Case Commentaries

United States v. Gamory: Affirmation of Conspiracy and Money Laundering Convictions

Date: Mar 12, 2011

United States v. Gamory: Affirmation of Conspiracy and Money Laundering Convictions Introduction United States of America v. Edgar Jamal Gamory, 635 F.3d 480 (11th Cir. 2011), is a significant...

Rule 35(b) Sentence Reductions Do Not Reset § 2255 Statute of Limitations

Date: Mar 9, 2011

Rule 35(b) Sentence Reductions Do Not Reset § 2255 Statute of Limitations Introduction Robert Marshal Murphy v. United States, 634 F.3d 1303 (11th Cir. 2011), addresses a critical issue in federal...

Eleventh Circuit Reverses Preliminary Injunction: Improper Strict Scrutiny Application in Anti-Nepotism Election Board Membership Case

Date: Mar 9, 2011

Eleventh Circuit Reverses Preliminary Injunction: Improper Strict Scrutiny Application in Anti-Nepotism Election Board Membership Case Introduction In the case of Lamar Grizzle and Kelvin Simmons v....

Eleventh Circuit Affirms MDA Preemption in Wolicki-Gables v. Arrow International

Date: Mar 9, 2011

Eleventh Circuit Affirms MDA Preemption in Wolicki-Gables v. Arrow International, Inc. Introduction In the case of Linda Wolicki-Gables and Robert Gables v. Arrow International, Inc., Codman...

Affirmation of Ineffective Assistance of Counsel Claim Denial: Rose v. McNeil and Strickland Application

Date: Mar 5, 2011

Affirmation of Ineffective Assistance of Counsel Claim Denial: Rose v. McNeil and Strickland Application Introduction Rose v. McNeil is a pivotal case that examines the standards of ineffective...

Schmitz v. United States: Indictment Sufficiency Requires Express Incorporation of Fraudulent Schemes Across Counts

Date: Mar 5, 2011

Schmitz v. United States: Indictment Sufficiency Requires Express Incorporation of Fraudulent Schemes Across Counts Introduction In the case of United States of America v. Suzanne L. Schmitz, decided...

Affirmation of Concealment Money Laundering Convictions Based on Financial Conduct in Naranjo Case

Date: Mar 3, 2011

Affirmation of Concealment Money Laundering Convictions Based on Financial Conduct in Naranjo Case Introduction The case of United States of America v. Mario Naranjo (634 F.3d 1198) adjudicated by...

Dual Citizenship Recognized for Diversity Jurisdiction and Strict Standards for Corporate Veil Piercing in Molinos Valle Del Cibao v. Lama Family

Date: Feb 25, 2011

Dual Citizenship Recognized for Diversity Jurisdiction and Strict Standards for Corporate Veil Piercing in Molinos Valle Del Cibao v. Lama Family Introduction The case of MOLINOS VALLE DEL CIBAO, C....

NABP v. Board of Regents: Eleventh Amendment Immunity and Copyright Remedies Clarification Act

Date: Feb 25, 2011

NABP v. Board of Regents: Eleventh Amendment Immunity and the Limits of the Copyright Remedies Clarification Act Introduction The case NATIONAL ASSOCIATION OF BOARDS OF PHARMACY (NABP) v. BOARD OF...

Affirmation of Denial of Habeas Relief: Gill v. Mecusker Establishes Strict Standards for Self-Representation Claims

Date: Feb 24, 2011

Affirmation of Denial of Habeas Relief: Gill v. Mecusker Establishes Strict Standards for Self-Representation Claims Introduction In the landmark case of Marvin C. Gill v. P.J. Mecusker, Attorney...

Equitable Tolling Under AEDPA: Insights from San Martin v. McNeil

Date: Feb 24, 2011

Equitable Tolling Under AEDPA: Insights from San Martin v. McNeil Introduction Pablo San Martin v. Secretary Walter A. McNeil, Florida Department of Corrections is a landmark decision by the United...

Summary Judgment in Hall v. Sunjoy Industries Establishes Strict Liability Requirements

Date: Feb 19, 2011

Summary Judgment in Hall v. Sunjoy Industries Establishes Strict Liability Requirements Introduction In Hall v. Sunjoy Industries Group, Inc. and Kmart Corporation, the United States District Court...

Affirmation of Career Offender Enhancement: Attempted Robbery Under Florida Law Categorized as a "Crime of Violence"

Date: Feb 12, 2011

Affirmation of Career Offender Enhancement: Attempted Robbery Under Florida Law Categorized as a "Crime of Violence" Introduction In the case of UNITED STATES of America v. Theodore D. Lockley (632...

Eleventh Circuit Upholds Dismissal for Non-Disclosure of Prior Litigation in 42 U.S.C. § 1983 Pro Se Actions

Date: Feb 11, 2011

Eleventh Circuit Upholds Dismissal for Non-Disclosure of Prior Litigation in 42 U.S.C. § 1983 Pro Se Actions Introduction In the case of Matthew Tazio Redmon v. Lake County Sheriff's Office et al.,...

Exhaustion of Administrative Remedies Reinforced in Bivens Actions: The Solliday Case

Date: Feb 10, 2011

Exhaustion of Administrative Remedies Reinforced in Bivens Actions: The Solliday Case Introduction The case of Myra C. Solliday v. Federal Officers, et al. adjudicated by the United States Court of...

Default Judgment and Attorney Fee Recovery under the Fair Debt Collection Practices Act: A Comprehensive Analysis of Frazier v. Absolute Collection Service

Date: Feb 4, 2011

Default Judgment and Attorney Fee Recovery under the Fair Debt Collection Practices Act: A Comprehensive Analysis of Frazier v. Absolute Collection Service Introduction The case of Deborah Frazier v....

Enhancing Inmate First Amendment Protections in Retaliation Claims: Moton v. Cowart

Date: Feb 3, 2011

Enhancing Inmate First Amendment Protections in Retaliation Claims: Moton v. Cowart Introduction In Moton v. Cowart, decided by the United States Court of Appeals for the Eleventh Circuit on February...

Eleventh Circuit Establishes Precedent for Anonymity in Sensitive Civil Cases Involving Minors

Date: Feb 2, 2011

Eleventh Circuit Establishes Precedent for Anonymity in Sensitive Civil Cases Involving Minors Introduction In the landmark case of PLAINTIFF B, Plaintiff-Appellant, Florida Freedom Newspapers, Inc.,...

Forum Non Conveniens and Due Process in International Wrongful Death Litigation: Tazoe v. Airbus

Date: Feb 2, 2011

Forum Non Conveniens and Due Process in International Wrongful Death Litigation: Tazoe v. Airbus Introduction The case Roberto Tazoe v. Airbus S.A.S. adjudicated by the United States Court of Appeals...

Affirmation of Georgia Southern University's Speech Policy in Bloedorn v. Grube

Date: Jan 29, 2011

Auffirmation of Georgia Southern University's Regulated Speech Policy for Non-Sponsored Speakers Introduction In the appellate case of Benjamin Bloedorn v. Dr. Bruce Grube, the United States Court of...