11th Circuit Case Commentaries

Distinguishing Excessive Force from Deliberate Indifference: Insights from Pourmoghani-Esfahani v. Sheriff of Hillsborough County

Date: Nov 10, 2010

Distinguishing Excessive Force from Deliberate Indifference: Insights from Pourmoghani-Esfahani v. Sheriff of Hillsborough County Introduction In the landmark case of Marcella Pourmoghani-Esfahani v....

Preserving Separation of Powers: Executive Discretion in Agency Representation - EPA v. Mandamus (624 F.3d 1368)

Date: Oct 29, 2010

Preserving Separation of Powers: Executive Discretion in Agency Representation In re: USA, U.S. Environmental Protection Agency, Regional Administrator, EPA, Region IV, Administrator, EPA,...

Double Jeopardy Protection in Child Exploitation Enterprise and Conspiracy Convictions Affirmed – United States v. Wayerski et al.

Date: Oct 27, 2010

Double Jeopardy Protection in Child Exploitation Enterprise and Conspiracy Convictions Affirmed – United States v. Wayerski et al. Introduction United States v. Wayerski et al. is a landmark decision...

Eleventh Circuit Sets New Standard for Privacy Act Claims: Reversing Dismissal Against CDC

Date: Oct 23, 2010

Eleventh Circuit Sets New Standard for Privacy Act Claims: Reversing Dismissal Against CDC Introduction The Eleventh Circuit Court of Appeals has rendered a significant decision in the case of Andrew...

United States v. Mateos and Alvarez: Strengthening Enforcement and Sentencing Standards in Medicare Healthcare Fraud

Date: Oct 20, 2010

United States v. Mateos and Alvarez: Strengthening Enforcement and Sentencing Standards in Medicare Healthcare Fraud Introduction The case of United States of America v. Sandra Mateos and Ana Alvarez...

Enhancing Employee Standing in Labor Disputes: Mulhall v. UNITE HERE Local 355

Date: Sep 11, 2010

Enhancing Employee Standing in Labor Disputes: Mulhall v. UNITE HERE Local 355 Introduction The case of Martin Mulhall v. UNITE HERE Local 355, Hollywood Greyhound Track, Inc., d.b.a. Mardi Gras...

Qualified and State-Agent Immunity in §1983 and State-Law Claims: An In-Depth Analysis of GRIDER v. CITY OF AUBURN

Date: Sep 8, 2010

Qualified and State-Agent Immunity in §1983 and State-Law Claims: An In-Depth Analysis of GRIDER v. CITY OF AUBURN Introduction GRIDER v. CITY OF AUBURN is a pivotal case adjudicated by the United...

Expanding Enterprise Coverage Under the Fair Labor Standards Act: Insights from POLYCARPE v. ES Landscaping Service, Inc.

Date: Sep 1, 2010

Expanding Enterprise Coverage Under the Fair Labor Standards Act: Insights from POLYCARPE v. ES Landscaping Service, Inc. Introduction The case of POLYCARPE v. ES Landscaping Service, Inc., along...

Clarifying Facial Vagueness and Preemption in Immigration Statutes: United States v. Linsy Di Pietro

Date: Aug 28, 2010

Clarifying Facial Vagueness and Preemption in Immigration Statutes: United States v. Linsy Di Pietro Introduction In the case of United States of America v. Linsy Di Pietro, the United States Court...

Deliberate Indifference and the Eighth Amendment: A Comprehensive Analysis of Thomas v. Bryant

Date: Aug 21, 2010

Deliberate Indifference and the Eighth Amendment: A Comprehensive Analysis of Thomas v. Bryant Introduction The landmark case Thomas v. Bryant, adjudicated on August 20, 2010, by the United States...

Access to Exculpatory DNA Evidence in Postconviction Proceedings: Thompson v. Rundle et al.

Date: Aug 21, 2010

Access to Exculpatory DNA Evidence in Postconviction Proceedings: Thompson v. Rundle et al. Introduction The case of Huntley H. Thompson v. Katherine Fernandez Rundle, et al., adjudicated by the...

Res Judicata Applied to Employment Discrimination Claims Under the Rehabilitation Act

Date: Aug 17, 2010

Res Judicata Applied to Employment Discrimination Claims Under the Rehabilitation Act Introduction In the case of Odessa Horne v. Postmaster General John Potter, United States Postal Service Agency,...

Speedy Trial Rights and Evasion: An In-Depth Analysis of United States v. Villarreal

Date: Aug 14, 2010

Speedy Trial Rights and Evasion: An In-Depth Analysis of United States v. Villarreal Introduction The case of United States of America v. Victor Garcia Villarreal (613 F.3d 1344) addresses...

Daubert Standard Reinforced in Negligence and Product Liability: Kilpatrick v. Breg, Inc.

Date: Aug 13, 2010

Daubert Standard Reinforced in Negligence and Product Liability: Kilpatrick v. Breg, Inc. Introduction The case of Douglas C. Kilpatrick v. Breg, Inc. serves as a pivotal moment in the application of...

Eleventh Circuit Affirms Social Security Denial: Sedentary Work Classification and Evaluation of Subjective Pain

Date: Aug 7, 2010

Eleventh Circuit Affirms Social Security Denial: Sedentary Work Classification and Evaluation of Subjective Pain Introduction In the case of Joyce L. Klawinski v. Commissioner of Social Security (391...

Establishing Federal Removal Jurisdiction Through Claim Allegations in Wrongful Death Cases: Roe v. Michelin

Date: Aug 6, 2010

Establishing Federal Removal Jurisdiction Through Claim Allegations in Wrongful Death Cases: Roe v. Michelin Introduction The case of Donald B. Roe, Personal Representative of the Estate of Socorro...

Diversity Jurisdiction in Unincorporated Associations: Insights from Underwriters at Lloyd's v. Osting-Schwinn

Date: Aug 6, 2010

Diversity Jurisdiction in Unincorporated Associations: Insights from Underwriters at Lloyd's v. Osting-Schwinn Introduction The case Underwriters at Lloyd's, London v. Carol Osting-Schwinn, decided...

Preliminary Injunction in Scott v. Roberts: Redefining Excess Spending Subsidies in Campaign Finance Law

Date: Jul 31, 2010

Preliminary Injunction in Scott v. Roberts: Redefining Excess Spending Subsidies in Campaign Finance Law Introduction The case of Richard L. Scott, Plaintiff-Appellant, v. Dawn K. Roberts,...

Limits on Appellate Sentencing Review: An Analysis of United States v. Irey

Date: Jul 30, 2010

Limits on Appellate Sentencing Review: An Analysis of United States v. Irey Introduction United States of America, Plaintiff-Appellant, v. William Irey, Defendant-Appellee, 612 F.3d 1160 (11th Cir....

Opportunity to Amend Complaints in Prison Litigation: Bernard Jemison Jr. v. Warden Da

Date: Jul 29, 2010

Opportunity to Amend Complaints in Prison Litigation: Bernard Jemison Jr. v. Warden Da Introduction The case of Bernard Jemison, Jr., v. Warden David Wise (386 F. App'x 961) adjudicated on July 28,...