11th Circuit Case Commentaries

Eleventh Circuit Upholds Qualified Immunity for DFCS Supervisors in Internal Employment Retaliation Claims under the First Amendment

Date: Dec 22, 2007

Eleventh Circuit Upholds Qualified Immunity for DFCS Supervisors in Internal Employment Retaliation Claims under the First Amendment Introduction In the landmark case of Clarinda BOYCE, Katina...

Eleventh Circuit Affirms Standards for Excessive Force Claims in Inmate Discipline: Cockrell v. Sparks

Date: Dec 21, 2007

Eleventh Circuit Affirms Standards for Excessive Force Claims in Inmate Discipline: Cockrell v. Sparks Introduction The case of Thomas G. Cockrell v. Robert S. Sparks et al., adjudicated by the...

Affirmation of Non-Infringement: Non-Protectability of Abbreviations Under the Lanham Act

Date: Dec 18, 2007

Affirmation of Non-Infringement: Non-Protectability of Abbreviations Under the Lanham Act Introduction In the case of Welding Services, Inc. v. Terry Forman et al., adjudicated by the United States...

Affirmation of Non-Discriminatory Promotion Decisions Under McDonnell Douglas Framework: Springer v. Convergys

Date: Dec 15, 2007

Affirmation of Non-Discriminatory Promotion Decisions Under McDonnell Douglas Framework: Springer v. Convergys Introduction The case of Patricia Springer v. Convergys Customer Management Group Inc....

Federal Precedence in Work Product Doctrine: Insights from Milinazzo v. State Farm Insurance Company

Date: Dec 12, 2007

Federal Precedence in Work Product Doctrine: Insights from Milinazzo v. State Farm Insurance Company Introduction In the case of Sharon Milinazzo v. State Farm Insurance Company (Case No....

Preemption of State Bad Faith Claims in National Flood Insurance Program Policies Established in Shuford v. Fidelity National Property Casualty Insurance Co.

Date: Dec 11, 2007

Preemption of State Bad Faith Claims in National Flood Insurance Program Policies Established in Shuford v. Fidelity National Property Casualty Insurance Co. Introduction In the landmark case of...

United States v. Straub: Affirming Criminal Contempt Despite Lack of Subject-Matter Jurisdiction

Date: Nov 30, 2007

United States v. Straub: Affirming Criminal Contempt Despite Lack of Subject-Matter Jurisdiction Introduction In the case of United States of America vs. Glenn F. Straub, 508 F.3d 1003 (11th Cir....

Reaffirmation of 'Likelihood of Confusion' Standard in Trademark Infringement: Custom Mfg. Eng'g v. Midway Services

Date: Nov 22, 2007

Reaffirmation of 'Likelihood of Confusion' Standard in Trademark Infringement: Custom Mfg. Eng'g v. Midway Services Introduction In the landmark case of Custom Manufacturing and Engineering, Inc. v....

Eleventh Circuit Expands Standards for Eighth Amendment Protections in Prisoner Safety Cases

Date: Nov 22, 2007

Eleventh Circuit Expands Standards for Eighth Amendment Protections in Prisoner Safety Cases Introduction In the landmark case of Miguel V. Rodriguez v. Secretary for the Department of Corrections et...

Qualified Immunity in Use of Deadly Force Cases: Comprehensive Analysis of Long v. Slaton and Willis

Date: Nov 17, 2007

Qualified Immunity in Use of Deadly Force Cases: Comprehensive Analysis of Long v. Slaton and Willis Introduction The case of Robert R. Long and Kelly L. Long, acting as personal representatives of...

Equitable Tolling in SSI Claims: Insights from Jackson v. Astrue

Date: Nov 10, 2007

Equitable Tolling in SSI Claims: Insights from Jackson v. Astrue Introduction The case of Patricia A. Jackson v. Michael J. Astrue, decided by the United States Court of Appeals for the Eleventh...

No Due Process Violation for Appearance of Judicial Partiality: Analysis of DAVIS v. JONES

Date: Nov 9, 2007

No Due Process Violation for Appearance of Judicial Partiality: Analysis of DAVIS v. JONES Introduction Timothy Davis v. Charlie E. Jones, Warden, Troy King, Attorney General of the State of Alabama,...

Restricting Rule 60(b) Habeas Motions as Successive Petitions: Williams v. Chatman

Date: Nov 9, 2007

Restricting Rule 60(b) Habeas Motions as Successive Petitions: Williams v. Chatman Introduction Williams v. Chatman, 510 F.3d 1290 (11th Cir. 2007), addresses critical issues surrounding the use of...

Morrissette-Brown v. Mobile Infirmary Medical Center: Establishing the Bounds of Reasonable Religious Accommodation under Title VII

Date: Nov 8, 2007

Morrissette-Brown v. Mobile Infirmary Medical Center: Establishing the Bounds of Reasonable Religious Accommodation under Title VII Introduction Cynthia Morrissette-Brown v. Mobile Infirmary Medical...

Enhanced Scrutiny of Counsel Effectiveness in Plea Agreements: Patel v. United States

Date: Nov 2, 2007

Enhanced Scrutiny of Counsel Effectiveness in Plea Agreements: Patel v. United States Introduction In the landmark case of Patel v. United States, the United States Court of Appeals for the Eleventh...

Affirmation of RICO and Taft-Hartley Act Violations: United States v. Browne and Devaney

Date: Oct 26, 2007

Affirmation of RICO and Taft-Hartley Act Violations: United States v. Browne and Devaney Introduction In the case of United States of America, Plaintiff-Appellee, v. Walter J. Browne and Patricia A....

Corporal Punishment and Substantive Due Process: Insights from Peterson v. Baker

Date: Oct 26, 2007

Corporal Punishment and Substantive Due Process: Insights from Peterson v. Baker Introduction Peterson v. Baker, 504 F.3d 1331 (11th Cir. 2007), is a pivotal case addressing the boundaries of...

Sheely v. MRI Radiology Network: Upholding Emotional Damages Under the Rehabilitation Act and Rethinking Mootness Standards

Date: Oct 25, 2007

Sheely v. MRI Radiology Network: Upholding Emotional Damages Under the Rehabilitation Act and Rethinking Mootness Standards 1. Introduction Sheely v. MRI Radiology Network, P.A. is a landmark case...

Appellate Jurisdiction and the "Effectively Out of Court" Doctrine in Forum Non Conveniens: King v. Cessna Aircraft Co.

Date: Oct 25, 2007

Appellate Jurisdiction and the "Effectively Out of Court" Doctrine in Forum Non Conveniens: King v. Cessna Aircraft Co. Introduction The case of Jack King, as personal representative of the Estate of...

Numerical Bar Constraints on Motions to Reconsider: Insights from Calle v. U.S. Attorney General

Date: Oct 24, 2007

Numerical Bar Constraints on Motions to Reconsider: Insights from Calle v. U.S. Attorney General Introduction In the landmark case of Beatriz Helena Calle, Octa v. Alberto Molina Arango, et al.,...