11th Circuit Case Commentaries

Freemanville Water System v. Poarch Band of Creek Indians: Upholding Tribal Sovereign Immunity

Date: Mar 31, 2009

Freemanville Water System v. Poarch Band of Creek Indians: Upholding Tribal Sovereign Immunity Introduction The case of Freemanville Water System, Inc. v. Poarch Band of Creek Indians addresses the...

Timeliness of Third-Party Petitions in Criminal Forfeiture: United States v. Marion Establishes Critical Precedent

Date: Mar 27, 2009

Timeliness of Third-Party Petitions in Criminal Forfeiture: United States v. Marion Establishes Critical Precedent Introduction The case of United States of America v. Isaac L. Marion, Jr.,...

Eleventh Circuit Affirms Money Laundering and Conspiracy Convictions, Clarifies Forfeiture Standards under 18 U.S.C. § 1956

Date: Mar 27, 2009

Eleventh Circuit Affirms Money Laundering and Conspiracy Convictions, Clarifies Forfeiture Standards under 18 U.S.C. § 1956 Introduction In the landmark case of United States of America v. Toros...

Harmless Speedy Trial Clause Violations under the Interstate Agreement on Detainers Act: The United States v. Knight Decision

Date: Mar 26, 2009

Harmless Speedy Trial Clause Violations under the Interstate Agreement on Detainers Act: The United States v. Knight Decision Introduction United States v. Robert Knight is a pivotal case adjudicated...

Waiver of Charging Defects and Admissibility of Prior Acts under Rule 404(b) in United States v. Brannan

Date: Mar 24, 2009

Waiver of Charging Defects and Admissibility of Prior Acts under Rule 404(b) in United States v. Brannan Introduction In the landmark case of United States of America v. Walter E. Brannan, 562 F.3d...

Affirmation of Tax Fraud Convictions: Application of Sophisticated Means Enhancement in the Eleventh Circuit

Date: Mar 21, 2009

Affirmation of Tax Fraud Convictions: Application of Sophisticated Means Enhancement in the Eleventh Circuit Introduction The case of United States of America v. Gregory Louis Clarke delves into the...

Affirmation of Default Judgment and Sanctions for Unauthorized Monitoring of Privileged Communications

Date: Mar 13, 2009

Affirmation of Default Judgment and Sanctions for Unauthorized Monitoring of Privileged Communications Introduction The case of Eagle Hospital Physicians, LLC v. SRG Consulting, Inc., Hospitalist...

Qualified Immunity and Municipal Liability in Police Use of Force: Lewis v. City of West Palm Beach

Date: Mar 12, 2009

Qualified Immunity and Municipal Liability in Police Use of Force: Lewis v. City of West Palm Beach Introduction Lewis v. City of West Palm Beach is a significant appellate case decided by the United...

Singh v. U.S. Attorney General: Affirming Juvenile Convictions in Immigration Law and Res Judicata in Removal Proceedings

Date: Mar 11, 2009

Singh v. U.S. Attorney General: Affirming Juvenile Convictions in Immigration Law and Res Judicata in Removal Proceedings Introduction Singh v. U.S. Attorney General (561 F.3d 1275) is a pivotal case...

Necessity of Timely and Adequate Disclosure of Expert Testimony: Mitchell v. Ford Motor Company

Date: Mar 10, 2009

Necessity of Timely and Adequate Disclosure of Expert Testimony: Mitchell v. Ford Motor Company Introduction The case of Ernestine Mitchell and Otis Mitchell versus Ford Motor Company and other...

Affirmation of SORNA's Constitutionality in United States v. Ambert

Date: Mar 7, 2009

Affirmation of SORNA's Constitutionality in United States v. Ambert Introduction In the landmark case United States v. Gene Felix Ambert, the United States Court of Appeals for the Eleventh Circuit...

Maximizing Sentential Discretion: Upholding Statutory Maximum in Recidivist Cases

Date: Mar 4, 2009

Maximizing Sentential Discretion: Upholding Statutory Maximum in Recidivist Cases Introduction In the landmark case of United States of America v. Robert Shaw, 560 F.3d 1230 (11th Cir. 2009), the...

Affirmation of Qualified Immunity in Fourteenth Amendment Excessive Force Case: Fennell v. Gilstrap

Date: Feb 28, 2009

Affirmation of Qualified Immunity in Fourteenth Amendment Excessive Force Case: Fennell v. Gilstrap Introduction The case of Reginald Scott Fennell v. James Gilstrap (559 F.3d 1212) presents a...

Affirmation of Qualified Immunity in High-Stakes Police Use of Deadly Force: McCullough v. Antolini & DeLeon

Date: Feb 27, 2009

Affirmation of Qualified Immunity in High-Stakes Police Use of Deadly Force: McCullough v. Antolini & DeLeon Introduction The case of Pearlie McCullough v. Deputies Antolini and DeLeon is a...

Eleventh Circuit Reverses Qualified Immunity in Amnesty International v. Battle and Cannon

Date: Feb 24, 2009

Eleventh Circuit Reverses Qualified Immunity in Amnesty International v. Battle and Cannon Introduction In the case of Amnesty International, USA, Plaintiff-Appellant v. Louis Battle and Thomas...

Affirmation of Regulatory Discretion in Limousine Definitions: Leib v. Hillsborough County Public Transportation Commission

Date: Feb 20, 2009

Affirmation of Regulatory Discretion in Limousine Definitions: Leib v. Hillsborough County Public Transportation Commission Introduction In the case of Moshe Leib v. Hillsborough County Public...

Eleventh Circuit Clarifies Rooker-Feldman Doctrine: State Proceedings Must Be Concluded Before Federal Review

Date: Feb 19, 2009

Eleventh Circuit Clarifies Rooker-Feldman Doctrine: State Proceedings Must Be Concluded Before Federal Review Introduction In the case of Jeanette C. Nicholson, Ph.D., an individual v. Dual, Career...

Limits on Personal Jurisdiction Under Federal Rule 4(k)(2): Oldfield v. Pueblo de Bahia Lora

Date: Feb 13, 2009

Limits on Personal Jurisdiction Under Federal Rule 4(k)(2): Oldfield v. Pueblo de Bahia Lora Introduction The case of Richard Oldfield v. Pueblo de Bahia Lora, S.A. addresses critical issues...

Eleventh Circuit Upholds District Court’s Discretion to Decline Untimely Arguments in Federal Habeas Petitions

Date: Feb 11, 2009

Eleventh Circuit Upholds District Court’s Discretion to Decline Untimely Arguments in Federal Habeas Petitions Introduction The case of Steadroy Williams v. Walter A. McNeil addressed a procedural...

Establishing Personal Jurisdiction in Online Defamation: Insights from Internet Solutions Corp. v. Tabatha Marshall

Date: Feb 11, 2009

Establishing Personal Jurisdiction in Online Defamation: Insights from Internet Solutions Corporation v. Tabatha Marshall Introduction The case of Internet Solutions Corporation (ISC) v. Tabatha...