11th Circuit Case Commentaries

PACA Trust Enforcement and Bona Fide Purchaser Status: Insights from HARLLEE GARGIULO v. FIRST BANK OF IMMOKALEE

Date: Dec 20, 1997

PACA Trust Enforcement and Bona Fide Purchaser Status: Insights from HARLLEE GARGIULO v. FIRST BANK OF IMMOKALEE Introduction The case of HARLLEE GARGIULO, NT GARGIULO, LP, REGENCY PACKING CO.,...

Ross v. United States (1997): Affirmation of Fraud and Conspiracy Convictions and Sentencing Guidelines in Multi-Object Conspiracy Cases

Date: Dec 20, 1997

Ross v. United States (1997): Affirmation of Fraud and Conspiracy Convictions and Sentencing Guidelines in Multi-Object Conspiracy Cases Introduction Ross v. United States, 131 F.3d 970 (11th Cir....

Appellate Reversal Enhances Protections Against Discriminatory Employment Practices

Date: Dec 19, 1997

Appellate Reversal Enhances Protections Against Discriminatory Employment Practices Introduction The case of Aric Evans v. McClain of Georgia, Inc. and McClain Industries, Inc. (131 F.3d 957) serves...

Estelle v. Motel 6: Rethinking Class Certification and Communications Orders in Racial Discrimination Cases

Date: Dec 11, 1997

Estelle v. Motel 6: Rethinking Class Certification and Communications Orders in Racial Discrimination Cases Introduction Estelle v. Motel 6 Multipurpose, Inc., 130 F.3d 999 (11th Cir. 1997),...

Misunderstanding of Procedural Rules Does Not Constitute Excusable Neglect: Advanced Estimating Systems, Inc. v. Riney

Date: Dec 11, 1997

Misunderstanding of Procedural Rules Does Not Constitute Excusable Neglect: Advanced Estimating Systems, Inc. v. Riney Introduction The case of Advanced Estimating Systems, Inc. v. Riney addresses a...

Zaben v. Air Products Chemicals: Clarifying Hearsay Exceptions and Evidentiary Standards in Age Discrimination Litigation

Date: Dec 4, 1997

Zaben v. Air Products Chemicals: Clarifying Hearsay Exceptions and Evidentiary Standards in Age Discrimination Litigation Introduction Zaben v. Air Products Chemicals, Inc. is a pivotal case...

Arbitrary and Capricious Standard Affirmed for ERISA Disability Benefit Denials

Date: Dec 3, 1997

Arbitrary and Capricious Standard Affirmed for ERISA Disability Benefit Denials Introduction The case of Jacqueline Paramore v. Delta Air Lines, Inc. serves as a pivotal reference in understanding...

FAA Sections 10 and 11 Do Not Confer Federal Jurisdiction: Analysis of Baltin v. Alaron Trading Corp.

Date: Nov 26, 1997

FAA Sections 10 and 11 Do Not Confer Federal Jurisdiction: Analysis of Baltin v. Alaron Trading Corp. Introduction In the landmark case of Baltin v. Alaron Trading Corporation, decided by the United...

Manifest Disregard of Law: Establishing New Grounds for Vacating Arbitration Awards under the FLSA

Date: Nov 25, 1997

Manifest Disregard of Law: Establishing New Grounds for Vacating Arbitration Awards under the FLSA Introduction Delfina Montes v. Shearson Lehman Brothers, Inc. (128 F.3d 1456, 1997) represents a...

Limits of Safe Harbor Provisions under the Annunzio-Wylie Anti-Money Laundering Act: Insights from Lopez v. First Union National Bank and Coronado v. BankAtlantic Bancorp

Date: Nov 22, 1997

Limits of Safe Harbor Provisions under the Annunzio-Wylie Anti-Money Laundering Act: Insights from Lopez v. First Union National Bank and Coronado v. BankAtlantic Bancorp Introduction The United...

Ensuring Fair Trial Rights and Accurate Sentencing in Securities Fraud: Analysis of United States v. Word et al.

Date: Nov 22, 1997

Ensuring Fair Trial Rights and Accurate Sentencing in Securities Fraud: Analysis of United States v. Word et al. Introduction The case United States of America v. Thomas J. Word, Richard A. Anders,...

Establishing Boundaries of Qualified Immunity in Excessive Force Claims: Smith v. Mattox

Date: Nov 20, 1997

Establishing Boundaries of Qualified Immunity in Excessive Force Claims: Smith v. Mattox Introduction In the landmark case of Anthony Lee Smith v. E. Allen Mattox, the United States Court of Appeals...

Wyke v. County School Board: Affirming Duty to Notify Parents of Student Suicide Attempts on School Grounds

Date: Nov 20, 1997

Wyke v. County School Board: Affirming Duty to Notify Parents of Student Suicide Attempts on School Grounds Introduction Wyke v. Polk County School Board is a pivotal case adjudicated by the United...

Negligent Misrepresentation in Real Estate Transactions: GILCHRIST TIMBER CO. v. ITT RAYONIER, INC.

Date: Nov 19, 1997

Negligent Misrepresentation in Real Estate Transactions: GILCHRIST TIMBER CO. v. ITT RAYONIER, INC. Introduction The case of Gilchrist Timber Co., C.L. Brice, L.A. Brice, Andy M. Brice, Sam Brice...

Constructive Discharge under ADEA: Poole v. Country Club of Columbus

Date: Nov 18, 1997

Constructive Discharge under ADEA: Poole v. Country Club of Columbus United States Court of Appeals, Eleventh Circuit Decided: November 17, 1997 Introduction Poole v. The Country Club of Columbus,...

Affirmation of Conspiracy Convictions and Clarification on Legal Standards in Drug Importation Cases

Date: Nov 15, 1997

Affirmation of Conspiracy Convictions and Clarification on Legal Standards in Drug Importation Cases Introduction The case "United States of America v. Alberto Calderon et al." was adjudicated before...

Probable Cause and Custody under the Fourth Amendment: Insights from CRAIG v. SINGLETARY

Date: Nov 8, 1997

Probable Cause and Custody under the Fourth Amendment: Insights from CRAIG v. SINGLETARY 1. Introduction CRAIG v. SINGLETARY, 127 F.3d 1030 (11th Cir. 1997), examines pivotal aspects of the Fourth...

No Enforceable Right to Medicaid Transportation Under 42 U.S.C. §1983: Harris v. James

Date: Nov 7, 1997

No Enforceable Right to Medicaid Transportation Under 42 U.S.C. §1983: Harris v. James Introduction Case: Willie Mae Harris, individually and on behalf of all others similarly situated; Linda Patton...

Herbert Johnson v. City of Fort Lauderdale: Clarifying Qualified Immunity in Civil Rights Litigation

Date: Nov 6, 1997

Herbert Johnson v. City of Fort Lauderdale: Clarifying Qualified Immunity in Civil Rights Litigation Introduction Herbert Johnson v. City of Fort Lauderdale is a pivotal case adjudicated by the...

Guideline Amendments Do Not Override Statutory Mandatory Minimums: Analysis of United States v. Eggersdorff

Date: Nov 5, 1997

Guideline Amendments Do Not Override Statutory Mandatory Minimums: Analysis of United States v. Eggersdorff Introduction United States of America v. Carl John Eggersdorff is a pivotal case decided by...

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