11th Circuit Case Commentaries

Clarifying the Burden of Evidence in Employment Discrimination: JONES v. BESSEMER CARRAWAY MEDICAL CENTER

Date: Aug 25, 1998

Clarifying the Burden of Evidence in Employment Discrimination: Patricia A. JONES v. BESSEMER CARRAWAY MEDICAL CENTER Introduction Patricia A. JONES v. BESSEMER CARRAWAY MEDICAL CENTER, 151 F.3d 1321...

Substantial Evidence Standard in Disability Benefits Appeals: Falge v. Apfel

Date: Aug 15, 1998

Substantial Evidence Standard in Disability Benefits Appeals: Falge v. Apfel Introduction The case of Jay C. Falge, Jr. v. Kenneth S. Apfel, decided by the United States Court of Appeals for the...

Jurisdictional Limitations on Sentence Enhancements under 21 U.S.C. §851: Insights from Harris v. United States

Date: Aug 14, 1998

Jurisdictional Limitations on Sentence Enhancements under 21 U.S.C. §851: Insights from Harris v. United States Introduction Roy Anthony Harris v. United States of America, 149 F.3d 1304 (11th Cir....

Provenzano v. Singletary: Affirming Deference to Strategic Counsel Decisions in Ineffective Assistance Claims

Date: Aug 7, 1998

Provenzano v. Singletary: Affirming Deference to Strategic Counsel Decisions in Ineffective Assistance Claims Introduction The case Thomas Harrison Provenzano, Petitioner-Appellant, v. Harry K....

U.S. Securities Anti-Waiver Provisions Do Not Nullify International Choice Clauses: Eleventh Circuit Upholds Enforceability

Date: Aug 6, 1998

U.S. Securities Anti-Waiver Provisions Do Not Nullify International Choice Clauses: Eleventh Circuit Upholds Enforceability Introduction The case of Irmgard Lipcon et al. v. Underwriters at Lloyd's,...

Express and Activity-Specific Incidental Take Permits under the Endangered Species Act: Insights from Loggerhead Turtle v. Volusia County Council

Date: Aug 4, 1998

Express and Activity-Specific Incidental Take Permits under the Endangered Species Act: Insights from Loggerhead Turtle v. Volusia County Council Introduction The case of Loggerhead Turtle (Caretta...

Affirmation of Qualified Immunity in the Absence of a Clearly Established Constitutional Duty: Santamorenana v. Georgia Military College

Date: Aug 1, 1998

Affirmation of Qualified Immunity in the Absence of a Clearly Established Constitutional Duty: Santamorenana v. Georgia Military College Introduction In the case of Santamorenana v. Georgia Military...

Eleventh Circuit Upholds Final Judgment Rule: Partial Summary Judgment Appeal Dismissed in CAL v. FCC

Date: Aug 1, 1998

Eleventh Circuit Upholds Final Judgment Rule: Partial Summary Judgment Appeal Dismissed in CAL v. FCC Introduction In the case of Construction Aggregates, Ltd. (CAL) v. Forest Commodities...

ERISA Preemption Clarified: Absence of a Valid Plan at Termination - Whitt v. Sherman International Corp.

Date: Jul 31, 1998

ERISA Preemption Clarified: Absence of a Valid Plan at Termination - Whitt v. Sherman International Corp. Introduction The case of William O'Neal Whitt, Jr. v. Sherman International Corporation, et...

UNITED STATES v. STEELE: Indictment Sufficiency for Controlled Substance Dispensation

Date: Jul 30, 1998

UNITED STATES v. STEELE: Indictment Sufficiency for Controlled Substance Dispensation Introduction United States of America v. William O. Steele is a landmark case decided by the United States Court...

Preliminary Injunctions in Franchise Termination: McDonald's Corp. v. Robertson

Date: Jul 29, 1998

Preliminary Injunctions in Franchise Termination: McDonald's Corporation v. Robertson Introduction The case of McDonald's Corporation v. Roger Robertson and Marilyn Robertson (147 F.3d 1301)...

Federal Preemption of State Tort Standards in Nuclear Radiation Exposure Claims: Roberts v. Florida Power Light

Date: Jul 23, 1998

Federal Preemption of State Tort Standards in Nuclear Radiation Exposure Claims: Roberts v. Florida Power Light Introduction In the landmark case of Bertram Roberts, Hanni Roberts v. Florida Power...

Reinstatement of Jury Verdict in Ross v. Rhodes Furniture: Implications for Rule 50 Motions and Employment Discrimination Claims

Date: Jul 21, 1998

Reinstatement of Jury Verdict in Ross v. Rhodes Furniture: Implications for Rule 50 Motions and Employment Discrimination Claims Introduction The case of Arthur Ross v. Rhodes Furniture, Incorporated...

Clarification on 'Career Offender' Status and Sentencing Enhancements: Analysis of United States v. Hernandez

Date: Jul 18, 1998

Clarification on 'Career Offender' Status and Sentencing Enhancements: Analysis of United States v. Hernandez Introduction The case of United States of America v. Modesto Hernandez, decided by the...

Adverse Employment Action Standards Under the ADA: Insights from John Doe v. DeKalb County School District

Date: Jul 18, 1998

Adverse Employment Action Standards Under the ADA: Insights from John Doe v. DeKalb County School District Introduction The case of John Doe v. DeKalb County School District, decided by the United...

FRSA Preemption Affirmed: State Law Claims Overruled in Railroad Crossing Negligence Case

Date: Jul 17, 1998

FRSA Preemption Affirmed: State Law Claims Overruled in Railroad Crossing Negligence Case Introduction In the landmark case of Ingram v. CSX Transportation, Inc. and City of Albertville, decided by...

Defining 'Qualified Individual' and 'Direct Threat' Under ADA: The LaChance v. Duffy's Draft House, Inc. Decision

Date: Jul 15, 1998

Defining 'Qualified Individual' and 'Direct Threat' Under ADA: The LaChance v. Duffy's Draft House, Inc. Decision Introduction In the landmark case of Mathew P. LaChance v. Duffy's Draft House, Inc.,...

Affirmation of District Court's Discretionary Decisions in Trujillo and Fuentes Appeals

Date: Jul 15, 1998

Affirmation of District Court's Discretionary Decisions in Trujillo and Fuentes Appeals Introduction The case of United States of America v. Raul Trujillo and Francisco Nelson Fuentes involves...

Enforcement of Fraudulent Inducement Claims Under the Economic Loss Rule: Insights from FCOM v. Dean Witter Reynolds, Inc.

Date: Jul 9, 1998

Enforcement of Fraudulent Inducement Claims Under the Economic Loss Rule: Insights from FLORIDA COLLEGE OF OSTEOPATHIC MEDICINE, INC. v. DEAN WITTER REYNOLDS INC. Introduction The case of FLORIDA...

Appellate Scope Limited to Certificate of Appealability Issues: Murray v. United States

Date: Jul 8, 1998

Appellate Scope Limited to Certificate of Appealability Issues: Murray v. United States Introduction The case of Jason Todd Murray v. United States (145 F.3d 1249) before the United States Court of...

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