11th Circuit Case Commentaries

Affirmation of Class Action Requirement in Employment Discrimination: Mel v. CCBCC

Date: Feb 7, 2008

Affirmation of Class Action Requirement in Employment Discrimination: Mel v. CCBCC Introduction The case of Mel v. Coca-Cola Bottling Co. Consolidated (CCBCC), adjudicated by the United States Court...

Defining Deliberate Indifference in Prisoner Suicide Cases: Gish v. GISH (11th Cir. 2008)

Date: Feb 6, 2008

Defining Deliberate Indifference in Prisoner Suicide Cases: Gish v. GISH (11th Cir. 2008) Introduction The case of Be v. rly GISH, adjudicated by the United States Court of Appeals for the Eleventh...

Abuse of Discretion in Sentencing for Child Pornography Offenses: Pugh v. United States

Date: Feb 1, 2008

Abuse of Discretion in Sentencing for Child Pornography Offenses: Pugh v. United States Introduction United States of America v. Bruce Clayton Pugh is a significant appellate decision delivered by...

Eleventh Circuit Establishes Accrual Date for §1983 Method-of-Execution Challenges

Date: Jan 30, 2008

Eleventh Circuit Establishes Accrual Date for §1983 Method-of-Execution Challenges Introduction In the landmark case of Willie McNAIR, Plaintiff-Counter-Defendant, James Callahan,...

Clarifying the Definition of 'Establishment' and Its Impact on FLSA Exemptions: The Perez v. Sanford-Orlando Kennel Club Decision

Date: Jan 30, 2008

Clarifying the Definition of 'Establishment' and Its Impact on FLSA Exemptions: The Perez v. Sanford-Orlando Kennel Club Decision Introduction Perez v. Sanford-Orlando Kennel Club, Inc., Collins...

Federal Tort Claims Act Jurisdiction and Good Samaritan Act Standards: Comprehensive Analysis of Turner v. United States, 514 F.3d 1194

Date: Jan 29, 2008

Federal Tort Claims Act Jurisdiction and Good Samaritan Act Standards: Comprehensive Analysis of Turner v. United States, 514 F.3d 1194 Introduction Tracey T. Turner, a minor, alongside his parents,...

Minor Physical Harm and Brief Detention Insufficient for Asylum Claims: Djonda v. U.S. Attorney General

Date: Jan 23, 2008

Minor Physical Harm and Brief Detention Insufficient for Asylum Claims: Djonda v. U.S. Attorney General Introduction In Djonda v. U.S. Attorney General, the United States Court of Appeals for the...

Clarifying Class Action Suitability for RESPA §8(b) Violations: Eleventh Circuit's Reversal in Busby v. RealtySouth

Date: Jan 18, 2008

Clarifying Class Action Suitability for RESPA §8(b) Violations: Eleventh Circuit's Reversal in Busby v. RealtySouth 1. Introduction The case of Vicki V. Busby, individually and on behalf of all...

Admissibility of Extensive Prescription Evidence in Healthcare Fraud: A Comprehensive Analysis of United States v. Merrill

Date: Jan 18, 2008

Admissibility of Extensive Prescription Evidence in Healthcare Fraud: A Comprehensive Analysis of United States v. Merrill Introduction The case of United States of America v. Thomas G. Merrill, 513...

Affirmation of AEDPA’s Strict One-Year Statute of Limitations in Johnson v. Florida Department of Corrections

Date: Jan 18, 2008

Affirmation of AEDPA’s Strict One-Year Statute of Limitations in Johnson v. Florida Department of Corrections Introduction The case of Ronnie Johnson v. Florida Department of Corrections (513 F.3d...

Affirmation of Retaliation Claims in Employment Discrimination: Goldsmith v. Bagby Elevator Company, Inc.

Date: Jan 18, 2008

Affirmation of Retaliation Claims in Employment Discrimination: Goldsmith v. Bagby Elevator Company, Inc. Introduction Goldsmith v. Bagby Elevator Company, Inc. is a landmark appellate decision by...

Eleventh Circuit Upholds Amended Regulation on Adjustment of Status for Arriving Aliens in Removal Proceedings

Date: Jan 16, 2008

Eleventh Circuit Upholds Amended Regulation on Adjustment of Status for Arriving Aliens in Removal Proceedings Introduction In Germar Scheerer v. U.S. Attorney General, the United States Court of...

Statute of Limitations and Procedural Compliance Affirmed in Shivers v. IBEW

Date: Jan 10, 2008

Statute of Limitations and Procedural Compliance Affirmed in Shivers v. IBEW Introduction Douglas W. Shivers, a former member of the International Brotherhood of Electrical Workers (IBEW), filed a...

Direct Evidence of Age Discrimination and Adverse Employment Action Established in Van Voorhis v. Hillsborough County

Date: Jan 9, 2008

Direct Evidence of Age Discrimination and Adverse Employment Action Established in Van Voorhis v. Hillsborough County Introduction In Van Voorhis v. Hillsborough County Board of County Commissioners...

Affirmation of Standards for Frivolous Claims and Judicial Recusal Obligations in Davis v. Kvalheim

Date: Jan 9, 2008

Affirmation of Standards for Frivolous Claims and Judicial Recusal Obligations in Davis v. Kvalheim Introduction Case: Alan Wayne Davis, Petitioner-Appellant, v. Dwayne Kvalheim, et al.,...

Reaffirming Inmate Free Speech Rights: Confidential Attorney Mail Must Be Opened in Presence

Date: Jan 8, 2008

Reaffirming Inmate Free Speech Rights: Confidential Attorney Mail Must Be Opened in Presence Introduction The case of Jamil Al-Amin v. Warden Hugh Smith et al. (511 F.3d 1317) adjudicated by the...

Clarifying Reversible Error Standards in Social Security Disability Appeals: Insights from Caldwell v. Barnhart

Date: Jan 8, 2008

Clarifying Reversible Error Standards in Social Security Disability Appeals: Insights from Caldwell v. Barnhart Introduction The case of Geraldine Caldwell v. Jo Anne B. Barnhart, Commissioner of...

Eleventh Circuit Reverses Dismissal in Mills v. Foremost Insurance: Affirming Inclusion of Overhead, Profit, and Taxes in Actual Cash Value Claims and Upholding Class Action Standing

Date: Jan 5, 2008

Eleventh Circuit Reverses Dismissal in Mills v. Foremost Insurance: Affirming Inclusion of Overhead, Profit, and Taxes in Actual Cash Value Claims and Upholding Class Action Standing Introduction In...

Eleventh Circuit Upholds Strict Liability under 18 U.S.C. § 922(g)(1), Rejecting Temporary Innocent Possession Defense: United States v. Palma

Date: Jan 5, 2008

Eleventh Circuit Upholds Strict Liability under 18 U.S.C. § 922(g)(1), Rejecting Temporary Innocent Possession Defense: United States v. Palma Introduction In the landmark case of United States v....

Goebert v. Lee County: Clarifying Exhaustion of Administrative Remedies and Deliberate Indifference Standards

Date: Dec 22, 2007

Goebert v. Lee County: Clarifying Exhaustion of Administrative Remedies and Deliberate Indifference Standards Introduction In the landmark case of Michelle Goebert v. Lee County, decided on December...