11th Circuit Case Commentaries

Eleventh Circuit Clarifies FLSA Overtime Rate Calculations and Employer Knowledge Standards

Date: Aug 18, 2007

Eleventh Circuit Clarifies FLSA Overtime Rate Calculations and Employer Knowledge Standards Introduction In the landmark case Alicia Allen et al. v. The Board of Public Education for Bibb County,...

Defining Pleading Standards for Free Exercise Claims in Educational Practicums: Watts v. FIU

Date: Aug 18, 2007

Defining Pleading Standards for Free Exercise Claims in Educational Practicums: Watts v. FIU Introduction In the case of John Watts v. Florida International University (FIU) et al., the United States...

Reasonableness of Deadly Force in High-Speed Pursuits: Analysis of Beshers v. Toccoa Police Department

Date: Aug 15, 2007

Reasonableness of Deadly Force in High-Speed Pursuits: Analysis of Beshers v. Toccoa Police Department Introduction The case of Jason Beshers, Individually and as Administrator of the Estate of David...

Third-Party Beneficiary Standing Denied in Sponsorship Agreements: ATT Mobility LLC v. NASCAR

Date: Aug 14, 2007

Third-Party Beneficiary Standing Denied in Sponsorship Agreements: ATT Mobility LLC v. NASCAR Introduction The case of ATT Mobility LLC, f.k.a. Cingular Wireless LLC v. National Association for Stock...

Clarifying the Borrowed Servant Doctrine: Insights from Proctor v. Fluor Enterprises

Date: Aug 14, 2007

Clarifying the Borrowed Servant Doctrine: Insights from Proctor v. Fluor Enterprises Introduction The case of Bobby Proctor v. Fluor Enterprises, Inc. (494 F.3d 1337) adjudicated by the United States...

Establishing Undue Hardship Standards in Student Loan Discharge: In re Keldric Dante Mosley

Date: Aug 10, 2007

Establishing Undue Hardship Standards in Student Loan Discharge: In re Keldric Dante Mosley Introduction The case of In re Keldric Dante Mosley addresses the critical issue of discharging student...

Limitation of Florida's Offer-of-Judgment Statute §768.79 in Federal Civil Rights Litigation

Date: Aug 9, 2007

Limitation of Florida's Offer-of-Judgment Statute §768.79 in Federal Civil Rights Litigation Introduction In the case of Syl v. Ster Jones, Sylvester Jones (Plaintiff-Appellee) filed a lawsuit...

Eleventh Circuit Clarifies AEDPA's Statute of Limitations in Light of BURTON v. STEWART

Date: Aug 8, 2007

Eleventh Circuit Clarifies AEDPA's Statute of Limitations in Light of BURTON v. STEWART Introduction The case of Anthony Ferreira v. Secretary, Department of Corrections, Attorney General, State of...

Defining 'Victim' Under the Mandatory Victim Restitution Act: Insights from United States v. Robertson

Date: Jul 28, 2007

Defining 'Victim' Under the Mandatory Victim Restitution Act: Insights from United States v. Robertson Introduction The case of United States of America v. Joseph W. Robertson serves as a pivotal...

Clarifying Sentencing Factors in Federal Firearm Charges: Ciszkowski v. United States

Date: Jul 21, 2007

Clarifying Sentencing Factors in Federal Firearm Charges: Ciszkowski v. United States Introduction In the landmark case of United States v. Ciszkowski, decided on July 20, 2007, the United States...

Clairson Industries v. Holly: A New Precedent on ADA Reasonable Accommodations for Punctuality

Date: Jul 20, 2007

Clairson Industries v. Holly: A New Precedent on ADA Reasonable Accommodations for Punctuality Introduction In the landmark appellate case Tommy E. Holly v. Clairson Industries, L.L.C., 492 F.3d 1247...

Asylum Eligibility Enhanced: Eleventh Circuit Recognizes Past Persecution Based on Political Opinion

Date: Jul 18, 2007

Asylum Eligibility Enhanced: Eleventh Circuit Recognizes Past Persecution Based on Political Opinion Introduction The case of Ruth Socorro Sanchez Jimenez et al. v. U.S. Attorney General, adjudicated...

Understanding Waiver vs. Forfeiture of Double Jeopardy Claims: Insights from United States v. Lewis

Date: Jul 18, 2007

Understanding Waiver vs. Forfeiture of Double Jeopardy Claims: Insights from United States v. Lewis Introduction In the landmark case of United States v. Lewis, 492 F.3d 1219 (11th Cir. 2007), the...

Affirmation of Counsel Disqualification for Imputed Conflict of Interest and Reasonable Sentencing in Campbell v. United States

Date: Jul 14, 2007

Affirmation of Counsel Disqualification for Imputed Conflict of Interest and Reasonable Sentencing in Campbell v. United States Introduction The case United States of America v. William C. Campbell...

ATN v. Allen: Eleventh Circuit Revisits Fraudulent Transfer Under New Jersey Law

Date: Jul 10, 2007

ATN v. Allen: Eleventh Circuit Revisits Fraudulent Transfer Under New Jersey Law Introduction In the appellate case Advanced Telecommunications Network, Inc. (ATN) v. Daniel W. Allen and David D....

Reaffirmation of Batson Standards in Evaluating Racial Discrimination in Jury Selection: United States v. Walker, Sr.

Date: Jul 7, 2007

Reaffirmation of Batson Standards in Evaluating Racial Discrimination in Jury Selection: United States v. Walker, Sr. Introduction United States of America v. Charles W. Walker, Sr., et al. is a...

Upholding HAC and CCP Aggravators in Death Sentencing: Comprehensive Analysis of Jennings v. McDonough

Date: Jul 4, 2007

Upholding HAC and CCP Aggravators in Death Sentencing: Comprehensive Analysis of Jennings v. McDonough Introduction Jennings v. McDonough, 490 F.3d 1230 (11th Cir. 2007), is a significant appellate...

Eleventh Circuit Affirms Nondischargeability of Tax Debts Based on Willful Evasion

Date: Jun 30, 2007

Eleventh Circuit Affirms Nondischargeability of Tax Debts Based on Willful Evasion Introduction In the case of In Re: Arthur I. Jacobs, Debtor, the United States Court of Appeals for the Eleventh...

Affirmation of Summary Judgment in Henderson v. Waffle House: Clarifying Standards for Sexual Harassment and Retaliation Claims under Title VII

Date: Jun 29, 2007

Affirmation of Summary Judgment in Henderson v. Waffle House: Clarifying Standards for Sexual Harassment and Retaliation Claims under Title VII Introduction In Chandra F. Henderson v. Waffle House,...

Affirmation of Individual Liability Limitations Under ADA and FOAA: Albra v. Advan, Inc. Analysis

Date: Jun 27, 2007

Affirmation of Individual Liability Limitations Under ADA and FOAA: Albra v. Advan, Inc. Analysis Introduction Adem A. Albra v. Advan, Inc., 490 F.3d 826 (11th Cir. 2007), presents a pivotal moment...