11th Circuit Case Commentaries

United States v. Chavez: Classification of Assault under 18 U.S.C. §113(a)(4) as a Petty Offense and Implications for Jury Trial Rights

Date: Mar 1, 2000

United States v. Chavez: Classification of Assault under 18 U.S.C. §113(a)(4) as a Petty Offense and Implications for Jury Trial Rights Introduction In the landmark case, United States of America v....

Strict Enforcement of AEDPA’s One-Year Limitation on §2255 Motions Affirmed in Akins v. United States

Date: Feb 25, 2000

Strict Enforcement of AEDPA’s One-Year Limitation on §2255 Motions Affirmed in Akins v. United States Introduction Akins v. United States, 204 F.3d 1086 (11th Cir. 2000), is a pivotal case that...

Reaffirming Lindsey: Limits on Aggregating Punitive Damages and Attorney Fees in Class Actions for Diversity Jurisdiction

Date: Feb 25, 2000

Reaffirming Lindsey: Limits on Aggregating Punitive Damages and Attorney Fees in Class Actions for Diversity Jurisdiction Introduction Cohen v. Office Depot Inc., 204 F.3d 1069 (11th Cir. 2000), is a...

Standing and Expectation of Privacy in Unregistered Hotel Rooms: UNITED STATES v. COOPER and Urbina

Date: Feb 15, 2000

Standing and Expectation of Privacy in Unregistered Hotel Rooms: UNITED STATES v. COOPER and Urbina Introduction In UNITED STATES v. COOPER and Urbina, 203 F.3d 1279 (11th Cir. 2000), the United...

Limitation of Discretion in Sentence Reduction under 18 U.S.C. § 3582(c)(2): UNITED STATES v. Bravo

Date: Feb 12, 2000

Limitation of Discretion in Sentence Reduction under 18 U.S.C. § 3582(c)(2): UNITED STATES v. Bravo Introduction UNITED STATES of America v. Juan Camilo Bravo is a pivotal case decided by the United...

Requirement of Post-Loss Obligations Before Appraisal in Homeowner’s Insurance Claims: Analysis of Galindo v. ARI Mutual Insurance Company

Date: Feb 8, 2000

Requirement of Post-Loss Obligations Before Appraisal in Homeowner’s Insurance Claims: Analysis of Galindo v. ARI Mutual Insurance Company 1. Introduction The case Galindo v. ARI Mutual Insurance...

Establishing State Action in §1983 Claims: Insights from Patrick v. Floyd Medical Center

Date: Jan 27, 2000

Establishing State Action in §1983 Claims: Insights from Patrick v. Floyd Medical Center Introduction In the landmark case Ronald D. Patrick, M.D., FACS v. Floyd Medical Center et al., decided by the...

FMLA Protection Limits in Employment Terminations Amid Reduction in Force: O'Connor v. PCA Family Health Plan Inc.

Date: Jan 19, 2000

FMLA Protection Limits in Employment Terminations Amid Reduction in Force: O'Connor v. PCA Family Health Plan Inc. Introduction The case of Debra Lee O'Connor v. PCA Family Health Plan Inc., decided...

Wolf v. Coca-Cola: Defining ERISA Participant Eligibility and the Scope of Retaliation Claims

Date: Jan 19, 2000

Wolf v. Coca-Cola: Defining ERISA Participant Eligibility and the Scope of Retaliation Claims Introduction In the landmark case Sheila Wolf v. Coca-Cola Company, decided by the United States Court of...

Reinforcement of the Intracorporate Conspiracy Doctrine in §1985(3) Claims: Analysis of Dickerson v. Alachua County Commission

Date: Jan 15, 2000

Reinforcement of the Intracorporate Conspiracy Doctrine in §1985(3) Claims: Analysis of Dickerson v. Alachua County Commission Introduction In Dickerson v. Alachua County Commission, the United...

Limits on District Courts Withdraw References in Bankruptcy Cases: Insights from In Re Ruby Mae Simmons

Date: Jan 12, 2000

Limits on District Courts Withdraw References in Bankruptcy Cases: Insights from In Re Ruby Mae Simmons Introduction The case of In Re Ruby Mae Simmons, Debtor explores the boundaries of judicial...

Tolling Limitations in Federal Habeas Corpus Petitions: Webster v. Moore

Date: Jan 5, 2000

Tolling Limitations in Federal Habeas Corpus Petitions: Webster v. Moore Introduction Webster v. Moore, 199 F.3d 1256 (11th Cir. 2000), is a pivotal case addressing the application of statutory...

Strict Interpretation of Federal Sentencing Guideline §2D1.1(b)(2) in Drug Conspiracy Cases

Date: Dec 31, 1999

Strict Interpretation of Federal Sentencing Guideline §2D1.1(b)(2) in Drug Conspiracy Cases Introduction In the landmark case of United States of America v. James Glenn Chastain et al., decided on...

Enforcing "Follow the Fortunes" in Reinsurance Contracts: American Bankers v. Northwestern

Date: Dec 31, 1999

Enforcing "Follow the Fortunes" in Reinsurance Contracts: American Bankers v. Northwestern Introduction The legal landscape of reinsurance contracts is intricate, involving sophisticated agreements...

Honest Services Fraud in the Private Sector: United States v. DeVegter and Poirier

Date: Dec 30, 1999

Honest Services Fraud in the Private Sector: United States v. DeVegter and Poirier Introduction The case of United States of America v. Michael DeVegter and Richard Poirier Jr., adjudicated by the...

Hyde Amendment Interpretation in UNITED STATES v. GILBERT: Criteria for Attorney Fee Awards

Date: Dec 29, 1999

Hyde Amendment Interpretation in UNITED STATES v. GILBERT: Criteria for Attorney Fee Awards Introduction United States of America v. Richard L. Gilbert is a pivotal case adjudicated by the United...

Affirmation of Preponderance Standard for Forfeiture of Medical Licenses under 21 U.S.C. § 853(a)(2) in United States v. Dicter

Date: Dec 24, 1999

Affirmation of Preponderance Standard for Forfeiture of Medical Licenses under 21 U.S.C. § 853(a)(2) in United States v. Dicter Introduction In United States v. Dicter, the United States Court of...

Continuous Violations and Equitable Tolling in Antitrust Litigation: Insights from Morton’s Market v. Gustafson’s Dairy

Date: Dec 21, 1999

Continuous Violations and Equitable Tolling in Antitrust Litigation: Insights from Morton’s Market, Inc. v. Gustafson's Dairy Inc. Introduction The appellate decision in Morton’s Market, Inc.; J J...

Ambiguity in Franchise Agreements: Establishing Precedent on Right of First Refusal in St. Charles Foods v. America's Favorite Chicken Company

Date: Dec 21, 1999

Ambiguity in Franchise Agreements: Establishing Precedent on Right of First Refusal in St. Charles Foods, Inc. v. America's Favorite Chicken Company Introduction St. Charles Foods, Inc. (SCF) versus...

Reopening Federal ACCA Sentences via Habeas Corpus Following State Conviction Vacatur

Date: Dec 18, 1999

Reopening Federal ACCA Sentences via Habeas Corpus Following State Conviction Vacatur Introduction The case of United States of America v. Zachery Walker, adjudicated by the United States Court of...

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