11th Circuit Case Commentaries

Affirmative Defense Clarification under the Prison Litigation Reform Act: Douglas v. Yates

Date: Jul 29, 2008

Affirmative Defense Clarification under the Prison Litigation Reform Act: Douglas v. Yates Introduction The case of Lawrence W. Douglas v. Yates et al. adjudicated by the United States Court of...

Enhancing Fraud Pleading Standards: An Analysis of West Coast Roofing v. Firestone and Associates

Date: Jul 25, 2008

Enhancing Fraud Pleading Standards: An Analysis of West Coast Roofing v. Firestone and Associates Introduction In the landmark case of West Coast Roofing Waterproofing, Inc. v. Johns Manville, Inc.,...

Eleventh Circuit Upholds Qualified Immunity in Custodial Death Case

Date: Jul 11, 2008

Eleventh Circuit Upholds Qualified Immunity in Custodial Death Case Analysis of Burnette v. Taylor (533 F.3d 1325, 2008) Introduction In the case of John Burnette v. Milton Shane Taylor et al., the...

Weighting Treating Physicians' Opinions and Evaluating Subjective Symptoms in SSA Disability Cases: Davis v. Astrue

Date: Jul 10, 2008

Weighting Treating Physicians' Opinions and Evaluating Subjective Symptoms in SSA Disability Cases: Davis v. Astrue Introduction In the landmark case of Wendy A. Davis v. Michael J. Astrue,...

Eleventh Circuit Refines Application of Fair Use and Laches in Copyright Infringement Cases

Date: Jul 9, 2008

Eleventh Circuit Refines Application of Fair Use and Laches in Copyright Infringement Cases Introduction PETER LETTERESE AND ASSOCIATES, INC., a Florida corporation, filed a lawsuit against multiple...

Strict Adherence to Bankruptcy Rule 9011's Two-Step Process for Sanctions Motions Affirmed by Eleventh Circuit

Date: Jul 8, 2008

Strict Adherence to Bankruptcy Rule 9011's Two-Step Process for Sanctions Motions Affirmed by Eleventh Circuit Introduction The case of In re: James F. Walker addresses critical procedural...

Eleventh Circuit Affirms Limits on Inmate Speech and Denies Retaliation Claims under 42 U.S.C §1983 in Smith v. Mosley

Date: Jul 4, 2008

Eleventh Circuit Affirms Limits on Inmate Speech and Denies Retaliation Claims under 42 U.S.C §1983 in Smith v. Mosley Introduction The case of LeRoy Smith v. Gwendolyn Mosley, Kenneth Jones, Kenneth...

Procedural Default and the Limits of Habeas Corpus: Insights from Mize v. Hall

Date: Jul 3, 2008

Procedural Default and the Limits of Habeas Corpus: Insights from Mize v. Hall Introduction Mize v. Hall, 532 F.3d 1184 (11th Cir. 2008), is a pivotal appellate decision that delves into the...

Constructive Possession and Firearm Liability in 11th Circuit: United States v. Woodard

Date: Jun 28, 2008

Constructive Possession and Firearm Liability in 11th Circuit: United States v. Woodard Introduction In the landmark case United States of America v. Terry Dvaughn Woodard, decided on June 27, 2008,...

Archer v. United States: Concealed Weapon Carrying Reclassified as Non-Violent under Sentencing Guidelines

Date: Jun 27, 2008

Archer v. United States: Concealed Weapon Carrying Reclassified as Non-Violent under Sentencing Guidelines Introduction Archer v. United States is a pivotal judgment delivered by the United States...

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies Under the PLRA: Insights from Bryant and Priester Cases

Date: Jun 21, 2008

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies Under the PLRA: Insights from Bryant and Priester Cases Introduction The cases of Gregory B. Bryant and Andrew Priester...

Eleventh Circuit Affirms Dismissal of §1983 Claims in Hernandez v. Florida Department of Corrections

Date: Jun 10, 2008

Eleventh Circuit Affirms Dismissal of §1983 Claims in Hernandez v. Florida Department of Corrections Introduction In Hernandez v. Florida Department of Corrections, 281 F. App'x 862 (11th Cir. 2008),...

Oral Settlement Agreements Prevail Over Subsequent Written Drafts: Clough v. Main Line

Date: Jun 7, 2008

Oral Settlement Agreements Prevail Over Subsequent Written Drafts: Clough v. Main Line Introduction Clough Marketing Services, Inc. ("Clough") initiated a legal action against The Main Line...

Eleventh Circuit Recognizes Landlord Standing for Racial Equal Protection Claims in §1983 Actions

Date: Jun 6, 2008

Eleventh Circuit Recognizes Landlord Standing for Racial Equal Protection Claims in §1983 Actions Introduction In the landmark case Young Apartments, Inc. v. Town of Jupiter, FL, the United States...

Conviction and Sentencing of Cuban Intelligence Agents Under Conspiracy and Foreign Agent Laws

Date: Jun 5, 2008

Conviction and Sentencing of Cuban Intelligence Agents Under Conspiracy and Foreign Agent Laws Introduction The case of United States of America v. Ruben Campa et al. involves the convictions of five...

Expansion of Adverse Employment Action in Title VII Retaliation Claims: Crawford v. Carroll and Johnston

Date: Jun 4, 2008

Expansion of Adverse Employment Action in Title VII Retaliation Claims: Crawford v. Carroll and Johnston Introduction The case of Jacquelyn R. Crawford v. Barbara Carroll and Katherine Johnston...

Strict Adherence to Statute of Limitations in §1983 Execution Method Challenges: Crowe v. Crow Decision Analysis

Date: May 21, 2008

Strict Adherence to Statute of Limitations in §1983 Execution Method Challenges: Crowe v. Crow Decision Analysis Introduction The case of Samuel Da Crowe v. Commissioner of the Georgia Department of...

New Precedent on Double Jeopardy and Sentencing Adjustments in Wire Fraud: United States v. Alma Williams

Date: May 17, 2008

New Precedent on Double Jeopardy and Sentencing Adjustments in Wire Fraud: United States v. Alma Williams Introduction In the case of United States of America v. Alma Williams (527 F.3d 1235), the...

Affirmation of Dismissal in Hindman v. FBI Agents: Implications for §1983 and Bivens Claims

Date: May 17, 2008

Affirmation of Dismissal in Hindman v. FBI Agents: Implications for §1983 and Bivens Claims Introduction In the case of Jimmy Doyle Hindman v. Paul Healy et al., the United States Court of Appeals...

Excessive Force and Qualified Immunity: Analyzing REESE v. HERBERT

Date: May 17, 2008

Excessive Force and Qualified Immunity: Analyzing REESE v. HERBERT Introduction REESE v. HERBERT, 527 F.3d 1253 (11th Cir. 2008), presents a pivotal case addressing the limits of qualified immunity...