11th Circuit Case Commentaries

Affirmation of Dismissal Without Prejudice for Procedural Failures in Pro Se Federal Litigation

Date: Oct 17, 2007

Affirmation of Dismissal Without Prejudice for Procedural Failures in Pro Se Federal Litigation Introduction In the appellate case of Michael Taylor and Mary C. Fox v. Lee M. Spaziano et al., the...

Derivative Feres Immunity Not Extending to Private Military Contractors: McMahon v. Presidential Airways

Date: Oct 6, 2007

Derivative Feres Immunity Not Extending to Private Military Contractors: McMahon v. Presidential Airways Introduction In the landmark case of Jeanette McMahon, as Personal Representative of the...

Strict Enforcement of Statute of Limitations and Pre-Suit Notice in Clean Air Act Citizen Suits: National Parks & SIERRA CLUB v. TENNESSEE VALLEY AUTHORITY

Date: Oct 5, 2007

Strict Enforcement of Statute of Limitations and Pre-Suit Notice in Clean Air Act Citizen Suits Introduction In the case of National Parks and Conservation Association, Inc., SIERRA CLUB v. TENNESSEE...

Voluntary Consent Overrides Unlawful Protective Sweep: Analysis of United States v. Ronald Delancy

Date: Oct 4, 2007

Voluntary Consent Overrides Unlawful Protective Sweep: Analysis of United States v. Ronald Delancy Introduction In the case of United States of America v. Ronald Delancy, the United States Court of...

A Narrow Interpretation of 'Proceeds' in Money Laundering Charges Affirmed in US v. Khanani

Date: Oct 3, 2007

A Narrow Interpretation of 'Proceeds' in Money Laundering Charges Affirmed in US v. Khanani Introduction In the case of United States of America v. M. Saleem Khanani and David Portlock, the United...

RLUIPA’s Restriction on Monetary Damages Against Individual Officials Affirmed in Smith v. Allen

Date: Oct 3, 2007

RLUIPA’s Restriction on Monetary Damages Against Individual Officials Affirmed in Smith v. Allen Introduction In the case of Tony Lee Smith v. Richard F. Allen, et al., the United States Court of...

Original Source Requirement in FCA Claims: McElmurray v. Consolidated Government of Augusta-Richmond County

Date: Oct 2, 2007

Original Source Requirement in FCA Claims: McElmurray v. Consolidated Government of Augusta-Richmond County Introduction The case of R.A. McElmurray, III, G. William Boyce, David L. Lewis,...

Procedural Barriers in §1983 Actions for Postconviction DNA Evidence: Arthur v. King

Date: Sep 22, 2007

Procedural Barriers in §1983 Actions for Postconviction DNA Evidence: Arthur v. King Introduction Thomas D. Arthur, a death row inmate in Alabama, sought to challenge his impending execution through...

Eleventh Circuit Reaffirms Standing Requirements Under SEC Rule 10b-5: FSA v. Stephens

Date: Sep 19, 2007

Eleventh Circuit Reaffirms Standing Requirements Under SEC Rule 10b-5: Financial Security Assurance, Inc. v. Stephens, Inc. Introduction In the case of Financial Security Assurance, Inc. (FSA) v....

Reversing Misapplication of § 1927 Sanctions: Upholding Magistrate Findings in Amlong v. Denny's, Inc.

Date: Sep 18, 2007

Reversing Misapplication of § 1927 Sanctions: Upholding Magistrate Findings in Amlong v. Denny's, Inc. Introduction Amlong v. Denny's, Inc., T.W. Services, Inc., et al. is a pivotal case from the...

ADA Disability Definition Clarified in Greenberg v. BellSouth Telecommunications

Date: Sep 11, 2007

ADA Disability Definition Clarified in Greenberg v. BellSouth Telecommunications Introduction In Allan L. Greenberg v. BellSouth Telecommunications, Inc., 498 F.3d 1258 (11th Cir. 2007), the United...

Eleventh Circuit Recognizes Past FARC Persecution in Asylum Claims: Mejia v. U.S. Attorney General

Date: Sep 7, 2007

Eleventh Circuit Recognizes Past FARC Persecution in Asylum Claims: Mejia v. U.S. Attorney General Introduction The case of Jhonyer Francisco Marin Mejia and Maria Eugenia Martinez Camargo v. U.S....

Preemption of State Homestead and Tenancy by Entireties Laws by Federal Substitute Property Forfeiture Statute

Date: Sep 6, 2007

Preemption of State Homestead and Tenancy by Entireties Laws by Federal Substitute Property Forfeiture Statute Introduction Fleet v. United States, a landmark decision rendered by the United States...

Unconscionability of Class Action Waivers in Arbitration Agreements: Insights from Dale v. Comcast

Date: Sep 5, 2007

Unconscionability of Class Action Waivers in Arbitration Agreements: Insights from Dale v. Comcast Introduction Dale v. Comcast Corporation is a pivotal case adjudicated by the United States Court of...

Clarifying the De Facto Plan Administrator Doctrine in ERISA: Coca-Cola Co. v. Broadspire Services Inc.

Date: Aug 30, 2007

Clarifying the De Facto Plan Administrator Doctrine in ERISA: Coca-Cola Co. v. Broadspire Services Inc. Introduction In the case of Theron Oliver, Plaintiff-Appellee, v. The Coca-Cola Company and...

Deliberate Indifference and Qualified Immunity in Civil Rights Litigation: West v. Tillman

Date: Aug 28, 2007

Deliberate Indifference and Qualified Immunity in Civil Rights Litigation: West v. Tillman Introduction In the landmark case of Bentley West and Jerry Rainey v. Jack Tillman et al. (496 F.3d 1321),...

Mandatory Consideration of Appeals Council Evidence in Social Security Disability Appeals: Ingram v. SSA

Date: Aug 24, 2007

Mandatory Consideration of Appeals Council Evidence in Social Security Disability Appeals: Ingram v. SSA 1. Introduction The case of Lillian Ingram v. Commissioner of Social Security Administration...

Eleventh Circuit Establishes Right to Reopen Removal Proceedings Based on Changed Country Conditions: Yaner Li v. U.S. Attorney General

Date: Aug 24, 2007

Eleventh Circuit Establishes Right to Reopen Removal Proceedings Based on Changed Country Conditions: Yaner Li v. U.S. Attorney General Introduction The case of Yaner Li v. U.S. Attorney General (488...

Limitations on Trademark Infringement Liability for Distributors: Analysis of Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc.

Date: Aug 23, 2007

Limitations on Trademark Infringement Liability for Distributors: Analysis of Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc. Introduction The case of Optimum Technologies, Inc. v....

Griffin Industries v. Irvin: Affirmation of Qualified Immunity in 'Class of One' Equal Protection Claims

Date: Aug 22, 2007

Griffin Industries v. Irvin: Affirmation of Qualified Immunity in 'Class of One' Equal Protection Claims Introduction Griffin Industries, Inc. v. Tommy Irvin is a seminal case adjudicated by the...