11th Circuit Case Commentaries

Limitation Period and Relation-Back under AEDPA §2255: Davenport v. United States

Date: Jul 14, 2000

Limitation Period and Relation-Back under AEDPA §2255: Davenport v. United States Introduction Davenport v. United States, 217 F.3d 1341 (11th Cir. 2000), is a pivotal case that addresses the...

Unsecured Homestead Lenders and Bankruptcy: The Tanner v. FirstPlus Financial Decision

Date: Jul 14, 2000

Unsecured Homestead Lenders and Bankruptcy: The Tanner v. FirstPlus Financial Decision Introduction The landmark decision in In Re: Pamela L. Tanner, Debtor v. FirstPlus Financial, Inc. (217 F.3d...

Validation of Six-Person Jury Waiver and Jury Polling in Capital Murder Cases: Cabberiza v. Moore

Date: Jul 12, 2000

Validation of Six-Person Jury Waiver and Jury Polling in Capital Murder Cases: Cabberiza v. Moore Introduction The case of David Cabberiza v. Michael W. Moore (217 F.3d 1329) addresses pivotal issues...

Cotton v. Jackson: Establishing Boundaries for Procedural Due Process in Employment Terminations

Date: Jul 8, 2000

Cotton v. Jackson: Establishing Boundaries for Procedural Due Process in Employment Terminations Introduction The case of Richard H. Cotton v. Edward D. Jackson, Jr. (216 F.3d 1328) adjudicated by...

Attorney's Fees in Chapter 13 Bankruptcy: Insights from Telfair v. First Union Mortgage Corporation

Date: Jul 8, 2000

Attorney's Fees in Chapter 13 Bankruptcy: Insights from Telfair v. First Union Mortgage Corporation Introduction Eugene Telfair v. First Union Mortgage Corporation, 216 F.3d 1333 (11th Cir. 2000), is...

Eleventh Circuit Reverses Summary Judgment in FMLA Termination Case

Date: Jul 7, 2000

Eleventh Circuit Reverses Summary Judgment in FMLA Termination Case Introduction The case of Maurice Parris v. Miami Herald Publishing Company serves as a pivotal decision in the interpretation and...

Reinforcing the Limits of General Personal Jurisdiction for Foreign Corporations Under Rule 4(k)(2): Consolidated Development Corp. v. Sherritt, Inc.

Date: Jul 6, 2000

Reinforcing the Limits of General Personal Jurisdiction for Foreign Corporations Under Rule 4(k)(2): Consolidated Development Corp. v. Sherritt, Inc. Introduction Consolidated Development Corporation...

Strict Adherence to Statute of Limitations in Amending Copyright Infringement Claims: Brewer-Giorgio v. Producers Video, Inc.

Date: Jul 4, 2000

Strict Adherence to Statute of Limitations in Amending Copyright Infringement Claims: Brewer-Giorgio v. Producers Video, Inc. Introduction Brewer-Giorgio v. Producers Video, Inc. is a significant...

Nyland v. Moore: AEDPA's Statute of Limitations and Relation Back of Habeas Petitions

Date: Jul 1, 2000

Nyland v. Moore: AEDPA's Statute of Limitations and Relation Back of Habeas Petitions Introduction Nyland v. Moore, decided by the United States Court of Appeals for the Eleventh Circuit on June 30,...

En Banc Decision Affirming Application of PLRA section 1997e(e) to Released Prisoners

Date: Jun 28, 2000

En Banc Decision Affirming Application of PLRA section 1997e(e) to Released Prisoners Introduction In HARRIS v. GARNER, 216 F.3d 970 (11th Cir. 2000), the United States Court of Appeals for the...

Affirmation of Habeas Corpus Denial Due to Insufficient Evidence of Prejudice and Ineffective Counsel in Meeks v. Moore

Date: Jun 28, 2000

Affirmation of Habeas Corpus Denial Due to Insufficient Evidence of Prejudice and Ineffective Counsel in Meeks v. Moore Introduction In the case of Meeks v. Moore, adjudicated by the United States...

Private Cause of Action for Nursing Home Residents Denied under Medicare and Medicaid Acts

Date: Jun 27, 2000

Private Cause of Action for Nursing Home Residents Denied under Medicare and Medicaid Acts Introduction In the case of James Brogdon, indi v. Dually, and by next friend Suzie Cline, et al., the...

Eleventh Circuit Upholds Consideration of Post-Removal Evidence in Diversity Jurisdiction Determinations

Date: Jun 27, 2000

Eleventh Circuit Upholds Consideration of Post-Removal Evidence in Diversity Jurisdiction Determinations Introduction The case of Bonnie Sierminski v. Transouth Financial Corporation (216 F.3d 945,...

ADA Title III’s Application to Foreign-Flag Cruise Ships in US Waters Expanded: Tammy Stevens v. Premier Cruises, Inc. Commentary

Date: Jun 23, 2000

ADA Title III’s Application to Foreign-Flag Cruise Ships in US Waters Expanded Introduction Tammy Stevens v. Premier Cruises, Inc. is a landmark decision by the United States Court of Appeals for the...

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