11th Circuit Case Commentaries

Standing and Qui Tam Actions under the Medicare Secondary Payer Act: Insights from Stalley v. Orlando Regional Healthcare System

Date: Apr 19, 2008

Standing and Qui Tam Actions under the Medicare Secondary Payer Act: Insights from Stalley v. Orlando Regional Healthcare System Introduction Stalley v. Orlando Regional Healthcare System, Inc. is a...

Eleventh Circuit Affirms Untimely §2254 Petition in Howard Alexander, Sr. v. Florida Department of Corrections

Date: Apr 9, 2008

Eleventh Circuit Affirms Untimely §2254 Petition in Howard Alexander, Sr. v. Florida Department of Corrections Introduction The case of Howard ALEXANDER, Sr. v. Secretary, Department of Corrections,...

Comprehensive Commentary on North American Medical Corporation v. Axiom Worldwide: Establishing New Precedents in Trademark Infringement and False Advertising

Date: Apr 8, 2008

Comprehensive Commentary on North American Medical Corporation v. Axiom Worldwide: Establishing New Precedents in Trademark Infringement and False Advertising Introduction The case of North American...

Intent to Defraud: Admissibility of Prior Misconduct Under Federal Rule of Evidence 404(b) – United States v. Ellisor

Date: Apr 8, 2008

Intent to Defraud: Admissibility of Prior Misconduct Under Federal Rule of Evidence 404(b) – United States v. Ellisor Introduction The case of United States of America v. David Lee Ellisor serves as...

Comprehensive Commentary on Angel Flight of Georgia, Inc. v. Angel Flight America, Inc.

Date: Apr 5, 2008

Protecting Common Law Trademark Rights: Angel Flight of Georgia, Inc. v. Angel Flight America, Inc. Introduction The case Angel Flight of Georgia, Inc. v. Angel Flight America, Inc. (522 F.3d 1200)...

Preemption and Voter Registration: Insights from Florida NAACP v. Browning

Date: Apr 4, 2008

Preemption and Voter Registration: Insights from Florida NAACP v. Browning Introduction In the landmark case Florida State Conference of the NAACP v. Browning, the United States Court of Appeals for...

Affirmation of Denial for In Forma Pauperis Motion in Bankruptcy Appeals

Date: Mar 28, 2008

Affirmation of Denial for In Forma Pauperis Motion in Bankruptcy Appeals Introduction The case of Arthur Ghee v. Retailers National Bank, Target Visa addresses critical issues surrounding the...

Equitable Tolling and Attorney Misconduct: A Comprehensive Analysis of Downs v. McNeil

Date: Mar 25, 2008

Equitable Tolling and Attorney Misconduct: A Comprehensive Analysis of Downs v. McNeil Introduction Ernest C. Downs v. Walter A. McNeil, Attorney General of Florida (520 F.3d 1311, 11th Cir. 2008) is...

Affirming Strict Article III Standing Requirements in Political Party Delegate Seating Challenges: DiMaio v. Democratic National Committee

Date: Mar 22, 2008

Affirming Strict Article III Standing Requirements in Political Party Delegate Seating Challenges: DiMaio v. Democratic National Committee Introduction In the case of Victor DiMaio v. Democratic...

Affirmation of Sentencing Discretion and Confrontation Clause Protections in Trade Secret Conspiracy Cases

Date: Mar 21, 2008

Affirmation of Sentencing Discretion and Confrontation Clause Protections in Trade Secret Conspiracy Cases Introduction The case of United States of America v. Joya Williams and Ibrahim Dimson before...

Rioux v. City of Atlanta: Affirmation of Qualified Immunity in Racial Discrimination Claims

Date: Mar 19, 2008

Rioux v. City of Atlanta: Affirmation of Qualified Immunity in Racial Discrimination Claims Introduction Rioux v. City of Atlanta, 520 F.3d 1269 (11th Cir. 2008), is a significant appellate decision...

Admissibility of Prior Lawsuits and Successor-in-Interest Liability in Contract Claims: Eleventh Circuit Upholds Summary Judgments

Date: Mar 8, 2008

Admissibility of Prior Lawsuits and Successor-in-Interest Liability in Contract Claims: Eleventh Circuit Upholds Summary Judgments Introduction The case of Gary Brown Associates, Inc. v. Ashdon, Inc....

Clarifying Standards for Ineffective Assistance of Counsel in Objections to Judicial Errors: Kirlew Gordon v. United States

Date: Mar 8, 2008

Clarifying Standards for Ineffective Assistance of Counsel in Objections to Judicial Errors: Kirlew Gordon v. United States Introduction The case of Kirlew S. Gordon v. United States of America ([518...

Remittitur Not Appropriate When Jury Awards Exceed FLSA Guidelines: Eleventh Circuit's Decision in Rodriguez v. Farm Stores Grocery, Inc.

Date: Mar 7, 2008

Remittitur Not Appropriate When Jury Awards Exceed FLSA Guidelines: Eleventh Circuit's Decision in Rodriguez v. Farm Stores Grocery, Inc. Introduction The case of Lorenda Rodriguez, Vilma Thomas, et...

Qualified Immunity Affirmed in Warrantless Entry Under Civil Commitment Order: Bates v. Deputy Harvey

Date: Mar 5, 2008

Qualified Immunity Affirmed in Warrantless Entry Under Civil Commitment Order: Bates v. Deputy Harvey Introduction In the case of D'Anna Bates and Gary Bates v. Deputy Lee Harvey & Sheriff Jimmy...

One-Satisfaction Rule Applied to Copyright Infringement: BUC International Corp. v. International Yacht Council Ltd. Analysis

Date: Feb 26, 2008

One-Satisfaction Rule Applied to Copyright Infringement: BUC International Corp. v. International Yacht Council Ltd. Analysis Introduction The case BUC International Corp. v. International Yacht...

Limitations on Bivens Actions Against Private Prison Employees: Alba v. Montford et al.

Date: Feb 23, 2008

Limitations on Bivens Actions Against Private Prison Employees: Alba v. Montford et al. (517 F.3d 1249) Introduction The case of Luis Francisco Alba v. Susan Montford, Joan Roy, Michael V. Pugh, John...

Eleventh Circuit Establishes Standards for Adequacy of FOIA Search and Privilege Assertions in Environmental Litigation

Date: Feb 16, 2008

Eleventh Circuit Establishes Standards for Adequacy of FOIA Search and Privilege Assertions in Environmental Litigation Introduction In the case of MICCOSUKEE TRIBE OF INDIANS OF FLORIDA v. UNITED...

Affirmation of Conviction Under the Marine Drug Law Enforcement Act: Jurisdiction and Plea Agreement Implications

Date: Feb 16, 2008

Affirmation of Conviction Under the Marine Drug Law Enforcement Act: Jurisdiction and Plea Agreement Implications Introduction In the case of UNITED STATES of America v. Gonzalo Arturo De La Garza,...

Defining Wrongful Retention under the Hague Convention: Insights from Pielage v. McConnell

Date: Feb 16, 2008

Defining Wrongful Retention under the Hague Convention: Insights from Pielage v. McConnell Introduction Marietta Pielage, a native of the Netherlands, engaged in a child custody dispute with James...