11th Circuit Case Commentaries

Eleventh Circuit in Benson v. Tocco: Strengthening ADEA Age Discrimination Claims through Statistical Evidence and Pretext Analysis

Date: Jun 3, 1997

Eleventh Circuit in Benson v. Tocco: Strengthening ADEA Age Discrimination Claims through Statistical Evidence and Pretext Analysis Introduction The case of Frederick B. Benson et al. v. Tocco, Inc....

Affirmation of Qualified Immunity in School Search Cases: Jenkins v. Talladega City Board of Education

Date: Jun 3, 1997

Affirmation of Qualified Immunity in School Search Cases: Jenkins v. Talladega City Board of Education Introduction Jenkins v. Talladega City Board of Education is a pivotal case that addresses the...

Appellate Jurisdiction Limits in Remand Orders: Insights from New v. Sports Recreation, Inc.

Date: May 31, 1997

Appellate Jurisdiction Limits in Remand Orders: Insights from New v. Sports Recreation, Inc. Introduction The case of Jeanette E. New v. Sports Recreation, Inc. (114 F.3d 1092) presented critical...

Pretrial Detainees Excluded from FLSA Coverage: Villarreal v. Woodham

Date: May 30, 1997

Pretrial Detainees Excluded from FLSA Coverage: Villarreal v. Woodham Introduction In Frutoso Villarreal v. William A. Woodham, the United States Court of Appeals for the Eleventh Circuit addressed a...

Affirmation of Traffic Stop Legitimacy in United States v. Holloman

Date: May 23, 1997

Affirmation of Traffic Stop Legitimacy in United States v. Holloman Introduction United States v. Tony L. Holloman, 113 F.3d 192 (11th Cir. 1997), addresses critical issues surrounding the...

Eleventh Circuit Establishes Derivative Standing for Provider-Assignees and Affirms 'Make Whole' Doctrine under ERISA in CAGLE v. BRUNER

Date: May 23, 1997

Eleventh Circuit Establishes Derivative Standing for Provider-Assignees and Affirms 'Make Whole' Doctrine under ERISA in CAGLE v. BRUNER Introduction In the landmark case Doug CAGLE et al. v. Nancy...

Holbrook v. City of Alpharetta: Defining Reasonable Accommodation under the ADA

Date: May 23, 1997

Holbrook v. City of Alpharetta: Defining Reasonable Accommodation under the ADA Introduction In Holbrook v. City of Alpharetta, 112 F.3d 1522 (11th Cir. 1997), the United States Court of Appeals for...

Remand Granted in Coleman v. Crown Stations: Jurisdictional Insights in Nuisance Claims

Date: May 22, 1997

Remand Granted in Coleman v. Crown Stations: Jurisdictional Insights in Nuisance Claims Introduction In the landmark case of Arthur L. Crowe, Jr., Edith Crowe Ingram, Eleanor Ingram Kiefling v....

Clarifying the Distinction Between "Use" and "Carry" in 18 U.S.C. § 924(c)(1): Analysis of United States v. Chirinos et al.

Date: May 16, 1997

Clarifying the Distinction Between "Use" and "Carry" in 18 U.S.C. § 924(c)(1): Analysis of United States v. Chirinos et al. Introduction The case of United States of America v. Samuel Chirinos,...

Limitations on Rule 54(b) Certification: Insights from Ebrahimi v. Huntsville Board of Education

Date: May 10, 1997

Limitations on Rule 54(b) Certification: Insights from Ebrahimi v. Huntsville Board of Education Introduction In Ebrahimi v. City of Huntsville Board of Education, 114 F.3d 162 (11th Cir. 1997),...

Eleventh Circuit Upholds PLRA's Retroactive Application and Validates Filing Fee Provisions under Equal Protection

Date: May 7, 1997

Eleventh Circuit Upholds PLRA's Retroactive Application and Validates Filing Fee Provisions under Equal Protection Introduction The case of Henry Greene Mitchell v. Dave Farcass, adjudicated by the...

Mootness and Waiver of Damages Claims in First Amendment Challenges: Adler v. Duval County School Board

Date: May 7, 1997

Mootness and Waiver of Damages Claims in First Amendment Challenges: Adler v. Duval County School Board Introduction Adler v. Duval County School Board, 112 F.3d 1475 (11th Cir. 1997), is a pivotal...

Law of the Case Doctrine Reinforced in United States v. Escobar-Urrego

Date: May 2, 1997

Law of the Case Doctrine Reinforced in United States v. Escobar-Urrego Introduction In United States v. Escobar-Urrego, 110 F.3d 1556 (11th Cir. 1997), the United States Court of Appeals for the...

Mandatory Exhaustion of ERISA Administrative Remedies: Affirmation in J.W. Counts v. American General

Date: Apr 30, 1997

Mandatory Exhaustion of ERISA Administrative Remedies: Affirmation in J.W. Counts v. American General Introduction The case J.W. Counts v. American General Life and Accident Insurance Company,...

Limitations on Successive Habeas Corpus Petitions: In re William Boshears

Date: Apr 11, 1997

Limitations on Successive Habeas Corpus Petitions: In re William Boshears Introduction In re William Boshears is a pivotal case decided by the United States Court of Appeals for the Eleventh Circuit...

ERISA Preemption Does Not Extend to Non-ERISA Benefits within Multibenefit Plans

Date: Apr 9, 1997

ERISA Preemption Does Not Extend to Non-ERISA Benefits within Multibenefit Plans Introduction In the landmark case Kemp, Wilson & Wilson v. International Business Machines Corporation, the United...

Burden of Proof in ADA Disability Discrimination Claims: Plaintiff's Obligation to Demonstrate Reasonable Accommodation

Date: Mar 26, 1997

Burden of Proof in ADA Disability Discrimination Claims: Plaintiff's Obligation to Demonstrate Reasonable Accommodation Introduction The case of Lynda L. Willis v. Conopco, Inc. addresses crucial...

Preserving AEDPA Restrictions on Successive Habeas Corpus Petitions: Insights from In re: Pedro Medina

Date: Mar 25, 1997

Preserving AEDPA Restrictions on Successive Habeas Corpus Petitions: Insights from In re: Pedro Medina Introduction The case of In re: Pedro Medina, decided by the United States Court of Appeals for...

Maddow v. Procter & Gamble: Establishing Precedents in Age Discrimination under the ADEA

Date: Mar 20, 1997

Maddow v. Procter & Gamble: Establishing Precedents in Age Discrimination under the ADEA Introduction The case Cecile L. Maddow, individually and on behalf of those similarly situated persons v....

Affirmation of Summary Judgment: Individual Medigap Insurance Policies Not Governed by MSP Statute or RICO

Date: Mar 12, 1997

Affirmation of Summary Judgment: Individual Medigap Insurance Policies Not Governed by MSP Statute or RICO Introduction In the case of Nadine Brooks et al. v. Blue Cross and Blue Shield of Florida,...

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