11th Circuit Case Commentaries

Reaffirmation of Firearm Possession Laws Under the Speedy Trial Act: United States v. Jones

Date: Apr 3, 2010

Reaffirmation of Firearm Possession Laws Under the Speedy Trial Act: United States v. Jones Introduction In the landmark case of United States of America v. Deon Monroe Jones, the United States Court...

Attorney Fee Offset Under EAJA and 42 U.S.C. § 406(b): Per v. Jackson Commentary

Date: Apr 3, 2010

Attorney Fee Offset Under EAJA and 42 U.S.C. § 406(b): Per v. Jackson Commentary Introduction Per v. S. Jackson is a pivotal case adjudicated by the United States Court of Appeals for the Eleventh...

Affirmation of Evidentiary Rulings and Sentencing Enhancements in Alien Smuggling Conspiracy

Date: Apr 1, 2010

Affirmation of Evidentiary Rulings and Sentencing Enhancements in Alien Smuggling Conspiracy Introduction The case of United States of America v. Alexis De La Cruz Suarez et al. (601 F.3d 1202)...

FDCPA Enforcement Enhanced Through State Law Compliance: LeBlanc v. Unifund CCR Partners

Date: Mar 31, 2010

FDCPA Enforcement Enhanced Through State Law Compliance: LeBlanc v. Unifund CCR Partners Introduction In the landmark case of Joseph LeBlanc v. Unifund CCR Partners, ZB Limited Partners, Credit Card...

Predominance of Individual Issues Over Class Commonality in Contract Breach: Analysis of SACRED HEART HEALTH SYSTEMS v. HUMANA MILITARY HEALTHCARE SERVICES

Date: Mar 31, 2010

Predominance of Individual Issues Over Class Commonality in Contract Breach: Analysis of SACRED HEART HEALTH SYSTEMS v. HUMANA MILITARY HEALTHCARE SERVICES Introduction The case of SACRED HEART...

Qualified Immunity in Deliberate Indifference Claims: Townsend v. Jefferson County Deputies

Date: Mar 31, 2010

Qualified Immunity in Deliberate Indifference Claims: Townsend v. Jefferson County Deputies Introduction Sherika Townsend v. Jefferson County is a pivotal case adjudicated by the United States Court...

Affirming the Primacy of Contractual Agreements in Determining Fiduciary Duties: SFM Holdings Ltd. v. Banc of America Securities, LLC

Date: Mar 26, 2010

Affirming the Primacy of Contractual Agreements in Determining Fiduciary Duties: SFM Holdings Ltd. v. Banc of America Securities, LLC Introduction SFM Holdings, Ltd. v. Banc of America Securities,...

Shepard's Impact on ACCA's Distinct Offenses Requirement: United States v. Ke

Date: Mar 25, 2010

Shepard's Impact on ACCA's Distinct Offenses Requirement: United States v. Ke Introduction United States v. Ke is a pivotal case in the realm of federal sentencing, particularly concerning the...

Qualified Immunity Reinforced in False Arrest Claims: Rushing v. Parker

Date: Mar 17, 2010

Qualified Immunity Reinforced in False Arrest Claims: Rushing v. Parker Introduction In the landmark case of Scott R. Rushing v. Sean R. Parker, decided by the United States Court of Appeals for the...

Eleventh Circuit Affirms Extraterritorial Application of 18 U.S.C. §2251A in Child Exploitation Case

Date: Mar 16, 2010

Eleventh Circuit Affirms Extraterritorial Application of 18 U.S.C. §2251A in Child Exploitation Case Introduction In the landmark case of UNITED STATES of America v. Kent Frank, the United States...

Res Judicata and Nonparty Preclusion: Control Exception Affirmed in Griswold v. County of Hillsborough

Date: Mar 12, 2010

Res Judicata and Nonparty Preclusion: Control Exception Affirmed in Griswold v. County of Hillsborough Introduction E. Frank Griswold, III, a disabled veteran and president of Med Evac, Inc. and Med...

Affirmation of the Learned Intermediary Doctrine in Prescription Drug Liability: Dietz v. SmithKline Beecham Corp.

Date: Mar 6, 2010

Affirmation of the Learned Intermediary Doctrine in Prescription Drug Liability: Dietz v. SmithKline Beecham Corp. Introduction The case of Donna Ladean Dietz v. SmithKline Beecham Corp., adjudicated...

Expanded Interpretation of 'Sex Offense' under SORNA: Dodge v. United States Affirmed

Date: Mar 6, 2010

Expanded Interpretation of 'Sex Offense' under SORNA: Dodge v. United States Affirmed 1. Introduction The case of United States of America v. Matthew Mason Dodge addressed the interpretation of the...

Reinforcing Personal Jurisdiction Standards in International Contract Disputes: PVC Windoors, Inc. v. Babbitbay Beach Construction

Date: Mar 6, 2010

Reinforcing Personal Jurisdiction Standards in International Contract Disputes: PVC Windoors, Inc. v. Babbitbay Beach Construction Introduction The case PVC Windoors, Inc. v. Babbitbay Beach...

Affirmation of § 922(g)(1) Constitutionality in Felon Firearm Possession Cases

Date: Mar 5, 2010

Affirmation of § 922(g)(1) Constitutionality in Felon Firearm Possession Cases Introduction The case of United States of America v. Christopher Rozier (598 F.3d 768) addresses the critical issue of...

Williams v. Allen: Affirmation of State Court's Denial of Ineffective Assistance Claim under Strickland

Date: Mar 5, 2010

Williams v. Allen: Affirmation of State Court's Denial of Ineffective Assistance Claim under Strickland Introduction Case Citation: Jason O. WILLIAMS, Petitioner-Appellant, v. Richard F. ALLEN,...

Enhanced Standards for Service of Process on Correctional Officers for Pro Se Prisoner-Litigants under Rule 4(m)

Date: Mar 3, 2010

Enhanced Standards for Service of Process on Correctional Officers for Pro Se Prisoner-Litigants under Rule 4(m) Introduction In the case of Larry D. Richardson v. Warden Johnson, Fnu McNealy, Guard,...

Supervisory Liability in §1983 Actions: A New Precedent from KEATING v. CITY OF MIAMI

Date: Mar 3, 2010

Supervisory Liability in §1983 Actions: A New Precedent from KEATING v. CITY OF MIAMI United States Court of Appeals, Eleventh Circuit. March 2, 2010. Introduction KEATING v. CITY OF MIAMI is a...

Gene v. Alabama Department of Transportation: Appellate Clarification on Backpay Awards in Racial Discrimination Cases

Date: Feb 24, 2010

Appellate Clarification on Backpay Awards in Racial Discrimination Cases: Gene v. Alabama Department of Transportation Introduction The case of Geneva Brown v. Alabama Department of Transportation...

Strict Application of Rule 35(a) on Sentence Modification in §3582(c)(2) Proceedings

Date: Feb 24, 2010

Strict Application of Rule 35(a) on Sentence Modification in §3582(c)(2) Proceedings Introduction The case of United States of America v. Ronald Reginald Phillips, decided by the United States Court...