11th Circuit Case Commentaries

Establishing Bankruptcy Trustees' Rights to Assert Bad Faith Against Insurers After Discharge: Analysis of Venn v. St. Paul Fire and Marine Ins. Co.

Date: Nov 21, 1996

Establishing Bankruptcy Trustees' Rights to Assert Bad Faith Against Insurers After Discharge: Analysis of Venn v. St. Paul Fire and Marine Ins. Co., 99 F.3d 1058 Introduction The case of John E....

But-For Causation Standard Affirmed for ADA Claims in McNely v. Ocala Star-Banner Corporation

Date: Nov 21, 1996

But-For Causation Standard Affirmed for ADA Claims in McNely v. Ocala Star-Banner Corporation Introduction The case of Bernard F. McNely v. Ocala Star-Banner Corporation and The New York Times...

Harris v. Shelby County Board of Education: Racial Discrimination and Free Speech Retaliation in Educational Employment

Date: Nov 21, 1996

Harris v. Shelby County Board of Education: Racial Discrimination and Free Speech Retaliation in Educational Employment Introduction The case of Bobby Lee Harris v. Shelby County Board of Education...

Functionality Prevents Trade Dress Protection: Comprehensive Analysis of EPIC METALS CORP. v. Condec Inc.

Date: Nov 7, 1996

Functionality Prevents Trade Dress Protection: Comprehensive Analysis of EPIC METALS CORP. v. Condec Inc. Introduction EPIC METALS CORP., a Pennsylvania Corporation ("Epic") brought a legal action...

Duckworth v. Whisenant: Establishing Standards for Awarding Attorney's Fees in Civil Rights Litigation

Date: Oct 22, 1996

Duckworth v. Whisenant: Establishing Standards for Awarding Attorney's Fees in Civil Rights Litigation Introduction Duckworth v. Whisenant is a pivotal decision rendered by the United States Court of...

Comprehensive Commentary on In re Pierce Lamar Hardy: Waiver of Sovereign Immunity under Bankruptcy Reform Act of 1994

Date: Oct 22, 1996

Comprehensive Commentary on In re Pierce Lamar Hardy: Waiver of Sovereign Immunity under Bankruptcy Reform Act of 1994 Introduction The case of In re Pierce Lamar Hardy (Sylv. 97 F.3d 1384)...

Reinforcement of RFRA Standards in Prisoners' Religious Rights: Harris v. Chapman

Date: Oct 12, 1996

Reinforcement of RFRA Standards in Prisoners' Religious Rights: Harris v. Chapman Introduction Harris v. Chapman, 97 F.3d 499 (11th Cir. 1996), presents a pivotal examination of the intersection...

Taxation of Expert Witness Fees and Video Depositions Under 28 U.S.C. §1920: Morrison v. Reichhold Chemicals, Inc.

Date: Oct 11, 1996

Taxation of Expert Witness Fees and Video Depositions Under 28 U.S.C. §1920: Morrison v. Reichhold Chemicals, Inc. Introduction In Roger Dale Morrison, Sr., and Linda S. Morrison v. Reichhold...

STINSON v. UNITED STATES: Affirmation of Sentencing Guidelines Commentary Authority and Resentencing Flexibility

Date: Oct 11, 1996

STINSON v. UNITED STATES: Affirmation of Sentencing Guidelines Commentary Authority and Resentencing Flexibility Introduction STINSON v. UNITED STATES, 97 F.3d 466 (11th Cir. 1996), is a pivotal case...

Affirming Bankruptcy Courts' Authority to Facilitate Settlements via Bar Orders under 11 U.S.C. §105(a) and Fed. R. Civ. P. 16

Date: Oct 11, 1996

Affirming Bankruptcy Courts' Authority to Facilitate Settlements via Bar Orders under 11 U.S.C. §105(a) and Fed. R. Civ. P. 16 Introduction The case of Matter of Munford, Inc., d.b.a. Majik Market,...

Younger Abstention Doctrine Affirmed in Broward County 'Daddy Roundup' Case

Date: Sep 27, 1996

Younger Abstention Doctrine Affirmed in Broward County 'Daddy Roundup' Case Introduction The case of Charles Pompey et al. v. Broward County et al. adjudicated by the United States Court of Appeals...

Substantial Contribution Standard in Black Lung Claims: Insights from Black Diamond Coal Mining Co. v. Director, OWCP

Date: Sep 26, 1996

Substantial Contribution Standard in Black Lung Claims: Insights from Black Diamond Coal Mining Co. v. Director, OWCP Introduction The case of Black Diamond Coal Mining Company v. Director, Office of...

Paradies v. United States: Establishing Key Precedents in Mail Fraud and Jury Selection

Date: Sep 24, 1996

Paradies v. United States: Establishing Key Precedents in Mail Fraud and Jury Selection Introduction The case United States of America v. Daniel M. Paradies, reported at 98 F.3d 1266 (1996), serves...

Apportionment of Homestead Exemption in Bankruptcy: Analysis of In re Englander

Date: Sep 20, 1996

Apportionment of Homestead Exemption in Bankruptcy: Analysis of In re Englander Introduction The case In re Edward Englander and Phyllis S. Englander, Debtors (95 F.3d 1028) represents a significant...

Eleventh Circuit Restricts Rule 23(b)(3) Class Certification for '900-Number' Telemarketing Fraud due to Manageability Concerns

Date: Sep 20, 1996

Eleventh Circuit Restricts Rule 23(b)(3) Class Certification for '900-Number' Telemarketing Fraud due to Manageability Concerns Introduction In the case of Lamar Andrews et al. v. American Telephone...

Isenbergh v. Knight-Ridder: Upholding Strict Standards for Premature Judgment as a Matter of Law in ADEA Discrimination Claims

Date: Sep 20, 1996

Isenbergh v. Knight-Ridder: Upholding Strict Standards for Premature Judgment as a Matter of Law in ADEA Discrimination Claims Introduction ISENBERGH v. KNIGHT-RIDDER NEWSPAPER SALES, Inc. (97 F.3d...

Clarifying the Boundaries of Qualified Immunity in Cases of Alleged Religious Discrimination: Terry Foy v. Department of Human Resources

Date: Sep 18, 1996

Clarifying the Boundaries of Qualified Immunity in Cases of Alleged Religious Discrimination: Terry Foy v. Department of Human Resources Introduction The case of Terry FOY, and Gloria Foy,...

Adoption of State Limited Partnership Law for CERCLA Liability: Redwing Carriers Inc. v. Saraland Apartments

Date: Sep 13, 1996

Adoption of State Limited Partnership Law for CERCLA Liability: Redwing Carriers Inc. v. Saraland Apartments Introduction In the landmark case Redwing Carriers, Inc. v. Saraland Apartments, Roar...

Establishing Personal Jurisdiction in Breach of Contract Cases under Florida's Long-Arm Statute: Sculptchair, Inc. v. Century Arts, Ltd.

Date: Sep 7, 1996

Establishing Personal Jurisdiction in Breach of Contract Cases under Florida's Long-Arm Statute: Sculptchair, Inc. v. Century Arts, Ltd. Introduction Sculptchair, Inc. v. Century Arts, Ltd. is a...

Limits of Section 362(h) in Providing Relief to Corporate Debtors: Analysis of In re Jove Engineering, Inc.

Date: Aug 30, 1996

Limits of Section 362(h) in Providing Relief to Corporate Debtors: Analysis of In re Jove Engineering, Inc. Introduction The case of In re Jove Engineering, Inc. examines the scope of bankruptcy...

Previous Next