11th Circuit Case Commentaries

Tompkins v. Secretary, Department of Corrections: Clarifying Successive Habeas Corpus Petitions Under 28 U.S.C. § 2244

Date: Feb 10, 2009

Tompkins v. Secretary, Department of Corrections: Clarifying Successive Habeas Corpus Petitions Under 28 U.S.C. § 2244 Introduction Wayne Tompkins, the petitioner-appellant, is a death row inmate in...

Certificate of Appealability Standards in Meier Jason Brown v. United States of America

Date: Feb 10, 2009

Certificate of Appealability Standards in Meier Jason Brown v. United States of America Introduction The case of Meier Jason Brown v. United States of America involves Brown's conviction for the...

Crenshaw v. Lister: Appellate Court Establishes Standards for Qualified Immunity in Excessive Force Claims

Date: Feb 7, 2009

Disclaimer: The following commentary is intended for informational and educational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. Crenshaw...

Eleventh Circuit Clarifies Standing and First Amendment Limitations in School Library Book Removal: ACLU v. Miami-Dade County School Board

Date: Feb 6, 2009

Eleventh Circuit Clarifies Standing and First Amendment Limitations in School Library Book Removal: ACLU v. Miami-Dade County School Board Introduction In American Civil Liberties Union of Florida,...

Eleventh Circuit Establishes Corporate Vicarious Liability Based on Scope of Employment in Theft Case, Limits Personal Jurisdiction Over Foreign Defendants

Date: Feb 6, 2009

Eleventh Circuit Establishes Corporate Vicarious Liability Based on Scope of Employment in Theft Case, Limits Personal Jurisdiction Over Foreign Defendants Introduction In the case of United...

Eleventh Circuit Establishes Sovereign Immunity Waiver for False Arrest, False Imprisonment, and Malicious Prosecution under FTCA

Date: Feb 5, 2009

Eleventh Circuit Establishes Sovereign Immunity Waiver for False Arrest, False Imprisonment, and Malicious Prosecution under Federal Tort Claims Act Introduction In the landmark case of Nguyen v....

Interpretation of 'Costs' in Cost-Plus Contracts and the Admissibility of Business Records: Equity Lifestyle Properties v. Florida Mowing Landscape Service

Date: Feb 5, 2009

Interpretation of 'Costs' in Cost-Plus Contracts and the Admissibility of Business Records: Equity Lifestyle Properties v. Florida Mowing Landscape Service Introduction The case Equity Lifestyle...

Identity-Related Evidence and the Exclusionary Rule: Insights from Farias-Gonzalez v. United States

Date: Feb 4, 2009

Identity-Related Evidence and the Exclusionary Rule: Insights from Farias-Gonzalez v. United States Introduction The case of United States of America v. Jose Farias-Gonzalez (556 F.3d 1181) serves as...

Eleventh Circuit Reaffirms Sentencing Limits under 18 U.S.C. §3582(c)(2) Amidst Booker and Kimbrough

Date: Feb 4, 2009

Eleventh Circuit Reaffirms Sentencing Limits under 18 U.S.C. §3582(c)(2) Amidst Booker and Kimbrough Introduction The case of United States of America v. Edward Melvin (556 F.3d 1190) addresses...

Strengthening Evidence Integrity and Expert Credibility in Strict Products Liability: Maldonado v. Baja Marine

Date: Feb 3, 2009

Strengthening Evidence Integrity and Expert Credibility in Strict Products Liability: Maldonado v. Baja Marine Introduction The case of Peter Graff, as Administrator of the Estate of Michael K....

Corporations as Beneficiaries of Pay-on-Death Accounts: The Belanger v. The Salvation Army Decision

Date: Feb 3, 2009

Corporations as Beneficiaries of Pay-on-Death Accounts: The Belanger v. The Salvation Army Decision Introduction The case of Richard Jason Belanger, as Personal Representative of the Estate of...

Overruling Brown: Expanding the Scope of Mail Fraud to Include Schemes Targeting the Gullible

Date: Feb 3, 2009

Overruling Brown: Expanding the Scope of Mail Fraud to Include Schemes Targeting the Gullible Introduction In United States of America v. David W. Svete and Ron Girardot (556 F.3d 1157, 11th Cir....

Affirmation of Qualified Immunity Based on Probable Cause: Da v. d CASE

Date: Jan 30, 2009

Affirmation of Qualified Immunity Based on Probable Cause: Da v. d CASE Introduction The case of David CASE, Associated Investigators, Inc. v. Donald ESLINGER represents a significant examination of...

Implied Nonexclusive Licenses in Copyright Infringement: Wilchcombe v. TeeVee Toons

Date: Jan 22, 2009

Implied Nonexclusive Licenses in Copyright Infringement: Wilchcombe v. TeeVee Toons Introduction Wilchcombe v. TeeVee Toons, Inc., adjudicated by the United States Court of Appeals for the Eleventh...

Upholding Voter ID Requirements: Georgia's Photo Identification Law Affirmed

Date: Jan 15, 2009

Upholding Voter ID Requirements: Georgia's Photo Identification Law Affirmed Introduction In the landmark case Common Cause/Georgia et al. v. Ms. Evon Billups et al., the United States Court of...

Experian's Compliance with the Fair Credit Reporting Act in Closing Accounts Affirmed by 11th Circuit

Date: Jan 13, 2009

Experian's Compliance with the Fair Credit Reporting Act in Closing Accounts Affirmed by 11th Circuit Introduction The case of Stephen G. Levine v. World Financial Network National Bank et al. (554...

Heightened Scienter Standard in Securities Fraud Litigation: Insights from Rosenberg v. Witness Systems

Date: Jan 10, 2009

Heightened Scienter Standard in Securities Fraud Litigation: Insights from Rosenberg v. Witness Systems Introduction In the landmark case of Ruth Rosenberg, Individually and on Behalf of All Others...

Hemispherx Biopharma v. Johannesburg Consolidated Investments: Clarifying Section 13(d)(3) Beneficial Ownership and Service of Process Requirements

Date: Dec 30, 2008

Hemispherx Biopharma v. Johannesburg Consolidated Investments: Clarifying Section 13(d)(3) Beneficial Ownership and Service of Process Requirements Introduction The case of Hemispherx Biopharma, Inc....

Revisiting FLSA Executive Exemption and Collective Action Standards: Morgan & Richardson v. Family Dollar Stores Decision

Date: Dec 23, 2008

Revisiting FLSA Executive Exemption and Collective Action Standards: Morgan & Richardson v. Family Dollar Stores Decision Introduction In Morgan, Richardson, on behalf of themselves and all others...

Affirmation of Corporate Liability Under the Alien Tort Statute and Torture Victim Protection Act: Insights from Drummond v. SINTRAMIENERGETICA

Date: Dec 23, 2008

Affirmation of Corporate Liability Under the Alien Tort Statute and Torture Victim Protection Act: Insights from Drummond v. SINTRAMIENERGETICA Introduction The case of Juan Aquas ROMERO et al. v....