11th Circuit Case Commentaries

Expanding Judicial Assistance: Insights from In re: Patricio Clerici

Date: Mar 22, 2007

Expanding Judicial Assistance: Insights from In re: Patricio Clerici Introduction In re: Patricio Clerici, Appellant. (481 F.3d 1324) is a significant appellate decision from the United States Court...

Comprehensive Commentary on United States v. Isaac Jerome Smith: Affirmation of Sentencing Enhancements under U.S.S.G. §2K2.1(b)(5) Post-Booker

Date: Mar 20, 2007

Affirmation of Sentencing Enhancements under U.S.S.G. §2K2.1(b)(5) Post-Booker: Analysis of United States v. Isaac Jerome Smith Introduction The case of United States of America v. Isaac Jerome Smith...

Eleventh Circuit Affirms Faragher-Ellerth Defense in Hostile Work Environment Case

Date: Mar 20, 2007

Eleventh Circuit Affirms Faragher-Ellerth Defense in Hostile Work Environment Case Introduction In the landmark appellate decision of Susan Baldwin v. Blue Cross/Blue Shield of Alabama, 480 F.3d 1287...

Affirmation of Dismissal in FDUTPA Reservation Agreement Case: Zlotnick v. Premier Sales Group

Date: Mar 20, 2007

Affirmation of Dismissal in FDUTPA Reservation Agreement Case: Zlotnick v. Premier Sales Group Introduction The case Philip A. Zlotnick v. Premier Sales Group, Inc., adjudicated by the United States...

Enhanced Supervisory Liability for Prison Officials under §1983: An Analysis of Mathews v. Crosby

Date: Mar 17, 2007

Enhanced Supervisory Liability for Prison Officials under §1983: An Analysis of Mathews v. Crosby Introduction Mathews v. Crosby, 480 F.3d 1265 (11th Cir. 2007), is a pivotal case addressing the...

Protective Order Specificity and Public Access Rights Affirmed in Romero v. Drummond

Date: Mar 15, 2007

Protective Order Specificity and Public Access Rights Affirmed in Romero v. Drummond Introduction In the landmark case Juan Aquas ROMERO, Plaintiff-Appellee, v. DRUMMOND COMPANY, INC., adjudicated by...

Dingle v. Secretary for the Department of Corrections: Affirmation of Strickland Standard for Ineffective Assistance of Counsel

Date: Mar 9, 2007

Dingle v. Secretary for the Department of Corrections: Affirmation of Strickland Standard for Ineffective Assistance of Counsel Introduction Richard Allen Dingle appeals the denial of his habeas...

Incontestability Clauses and RICO Claims: Comprehensive Analysis in American United Life Insurance Co. v. Martinez

Date: Mar 8, 2007

Incontestability Clauses and RICO Claims: Comprehensive Analysis in American United Life Insurance Co. v. Martinez Introduction In the landmark case American United Life Insurance Co., Amerus Life...

Affirmation of ADA Application in DUI Arrests: Ste v. Miami-Dade County

Date: Mar 8, 2007

Affirmation of ADA Application in DUI Arrests: Ste v. Miami-Dade County Introduction In the case of Steven M. BIRCOLL v. MIAMI-DADE COUNTY, the United States Court of Appeals for the Eleventh Circuit...

Consistent Application of Default Entries and Forum Non Conveniens Motions: Analysis of Tyco Fire Security v. Alert 24

Date: Feb 23, 2007

Consistent Application of Default Entries and Forum Non Conveniens Motions: Analysis of Tyco Fire Security, LLC v. Alert 24, LLC Introduction Tyco Fire Security, LLC, Phillip McVey, and George Azze...

Withholding of Removal Standard Enhanced in Ruiz v. Gonzales

Date: Feb 21, 2007

Withholding of Removal Standard Enhanced in Ruiz v. Gonzales Introduction Javier Mauricio Martinez Ruiz v. Alberto R. Gonzales is a pivotal case adjudicated by the United States Court of Appeals for...

DPPA Enforcement under Section 1983: Insights from Collier v. Dickinson

Date: Feb 13, 2007

DPPA Enforcement under Section 1983: Insights from Collier v. Dickinson Introduction The case of Mary Ann Collier, Arthur L. Wallace, Roy McGoldrick, and Robert Pino v. Fred O. Dickinson III et al.,...

Before-the-Fact Deliberate Indifference in Title IX: Williams v. Board of Regents of the University System of Georgia

Date: Feb 10, 2007

Before-the-Fact Deliberate Indifference in Title IX: Williams v. Board of Regents of the University System of Georgia Introduction The case of Tiffany Williams v. Board of Regents of the University...

Ownership of Copyrights in Bankruptcy Transfers: The Eleventh Circuit's Affirmation of Lil' Joe Records' Rights in Thompkins v. Lil' Joe Records

Date: Feb 6, 2007

Ownership of Copyrights in Bankruptcy Transfers: The Eleventh Circuit's Affirmation of Lil' Joe Records' Rights in Thompkins v. Lil' Joe Records Introduction The case of Jeffrey J. Thompkins v. Lil'...

Timely Service of Process and Judicial Discretion: Insights from Lepone-Dempsey v. Carroll County Commissioners

Date: Feb 3, 2007

Timely Service of Process and Judicial Discretion: Insights from Lepone-Dempsey v. Carroll County Commissioners Introduction Lepone-Dempsey v. Carroll County Commissioners is a noteworthy appellate...

Defining the Transition from Detention to Consent in Traffic Stops: U.S. v. Ramirez

Date: Feb 2, 2007

Defining the Transition from Detention to Consent in Traffic Stops: U.S. v. Ramirez Introduction In the landmark case United States v. Omar Ramirez, the United States Court of Appeals for the...

Effective Assistance of Counsel Reaffirmed: Insights from Stewart v. Secretary, Department of Corrections

Date: Feb 1, 2007

Effective Assistance of Counsel Reaffirmed: Insights from Stewart v. Secretary, Department of Corrections Introduction Stewart v. Secretary, Department of Corrections, Attorney General, State of...

Virgin Records America, Inc. v. Bertha Lacey: Application of Default Judgment and Statutory Damages in Copyright Infringement

Date: Jan 24, 2007

Virgin Records America, Inc. v. Bertha Lacey: Application of Default Judgment and Statutory Damages in Copyright Infringement Introduction The case of Virgin Records America, Inc., et al. v. Bertha...

Eleventh Circuit Upholds Summary Judgment in Copyright Infringement Case

Date: Jan 23, 2007

Eleventh Circuit Upholds Summary Judgment in CORWIN v. WALT DISNEY COmpany: Emphasis on Striking Similarity and Access Introduction The case of Orrin Monroe Corwin versus Walt Disney Company and Walt...

Affirming the Public Safety Exception and Exigent Circumstances in Felon Arrests: United States v. Newsome

Date: Jan 17, 2007

Affirming the Public Safety Exception and Exigent Circumstances in Felon Arrests: United States v. Newsome Introduction United States v. Kenneth Newsome is a pivotal case adjudicated by the United...