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  • Commentaries
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11th Circuit Case Commentaries

Disgorgement of Illicit Profits and Consumer Redress under Section 13(b) of the FTC Act

Disgorgement of Illicit Profits and Consumer Redress under Section 13(b) of the FTC Act

Date: Jul 10, 1996
Disgorgement of Illicit Profits and Consumer Redress under Section 13(b) of the FTC Act Introduction The case of Federal Trade Commission, Plaintiff-Appellee v. Gem Merchandising Corporation et al....
Cesnik v. Edgewood Baptist Church: Navigating Statute of Limitations and RICO Requirements in Adoption Fraud Litigation

Cesnik v. Edgewood Baptist Church: Navigating Statute of Limitations and RICO Requirements in Adoption Fraud Litigation

Date: Jul 6, 1996
Cesnik v. Edgewood Baptist Church: Navigating Statute of Limitations and RICO Requirements in Adoption Fraud Litigation Introduction Cesnik v. Edgewood Baptist Church, 88 F.3d 902 (11th Cir. 1996),...
Affirming Judicial Immunity and Limiting Injunctive Relief in Courtroom Access Disputes: Concerned Citizens for a Caring Family Court, Inc. v. Conger

Affirming Judicial Immunity and Limiting Injunctive Relief in Courtroom Access Disputes: Concerned Citizens for a Caring Family Court, Inc. v. Conger

Date: Jul 4, 1996
Affirming Judicial Immunity and Limiting Injunctive Relief in Courtroom Access Disputes: Concerned Citizens for a Caring Family Court, Inc. v. Conger Introduction In the landmark case of Concerned...
Revisiting Disability Determinations: Educational Level and Reopening Prior ALJ Decisions in Wolfe v. Chater

Revisiting Disability Determinations: Educational Level and Reopening Prior ALJ Decisions in Wolfe v. Chater

Date: Jul 4, 1996
Revisiting Disability Determinations: Educational Level and Reopening Prior ALJ Decisions in Wolfe v. Chater Introduction Wolfe v. Chater is a significant appellate decision rendered by the United...
Limitation of Vessel Owner's Liability: Insights from Beiswenger Enterprises Corp. v. Carletta et al.

Limitation of Vessel Owner's Liability: Insights from Beiswenger Enterprises Corp. v. Carletta et al.

Date: Jun 28, 1996
Limitation of Vessel Owner's Liability: Insights from Beiswenger Enterprises Corp. v. Carletta et al. Introduction The case of Beiswenger Enterprises Corp. v. Carletta et al. (86 F.3d 1032)...
Establishing Federal Jurisdiction in Legal Malpractice Within Class Action Context

Establishing Federal Jurisdiction in Legal Malpractice Within Class Action Context

Date: Jun 26, 1996
Establishing Federal Jurisdiction in Legal Malpractice Within Class Action Context Introduction In the landmark case Enrique Diaz v. William J. Sheppard, 85 F.3d 1502 (11th Cir. 1996), the United...
Limits on Intervention Rights in Class Action Settlements: ABC v. BankAtlantic Financial Corporation

Limits on Intervention Rights in Class Action Settlements: ABC v. BankAtlantic Financial Corporation

Date: Jun 26, 1996
Limits on Intervention Rights in Class Action Settlements: ABC v. BankAtlantic Financial Corporation Introduction The case of American Broadcasting Companies, Inc. (ABC) v. BankAtlantic Financial...
Probable Cause Analysis in False Arrest Under Section 1983: Ortega v. Christian

Probable Cause Analysis in False Arrest Under Section 1983: Ortega v. Christian

Date: Jun 26, 1996
Probable Cause Analysis in False Arrest Under Section 1983: Ortega v. Christian Introduction Ortega v. Christian is a pivotal case decided by the United States Court of Appeals for the Eleventh...
Eleventh Circuit Clarifies Section 1983 Malicious Prosecution Based on Fourth Amendment Violations in Whiting v. Traylor

Eleventh Circuit Clarifies Section 1983 Malicious Prosecution Based on Fourth Amendment Violations in Whiting v. Traylor

Date: Jun 20, 1996
Eleventh Circuit Clarifies Section 1983 Malicious Prosecution Based on Fourth Amendment Violations in Whiting v. Traylor Introduction In Glenn Whiting v. Ed Traylor; R.H. Hamilton, 85 F.3d 581 (11th...
Rozar v. Mullis: Eleventh Circuit Affirms Summary Judgment on Time-Barred Racial Discrimination Claims

Rozar v. Mullis: Eleventh Circuit Affirms Summary Judgment on Time-Barred Racial Discrimination Claims

Date: Jun 18, 1996
Rozar v. Mullis: Eleventh Circuit Affirms Summary Judgment on Time-Barred Racial Discrimination Claims Introduction In the landmark case Catherine Rozar et al. v. D.M. Mullis et al., decided on June...
Jurisdictional Requirements and Fraud Claims in Diversity Cases: Insights from Patray v. Northwest Publishing

Jurisdictional Requirements and Fraud Claims in Diversity Cases: Insights from Patray v. Northwest Publishing

Date: Jun 14, 1996
Jurisdictional Requirements and Fraud Claims in Diversity Cases: Insights from Patray v. Northwest Publishing Introduction In the landmark case of Stuart Patray and Terry Patray v. Northwest...
Affirmation of Administrative Discretion in Environmental Permitting: The FUND FOR ANIMALS, INC. v. Sarasota Project Case Analysis

Affirmation of Administrative Discretion in Environmental Permitting: The FUND FOR ANIMALS, INC. v. Sarasota Project Case Analysis

Date: Jun 14, 1996
Affirmation of Administrative Discretion in Environmental Permitting: The FUND FOR ANIMALS, INC. v. Sarasota Project Case Analysis Introduction The case of The FUND FOR ANIMALS, INC., Defenders of...
Ensuring Judicial Impartiality: The Miles v. Chater Decision and Its Impact on Social Security Disability Hearings

Ensuring Judicial Impartiality: The Miles v. Chater Decision and Its Impact on Social Security Disability Hearings

Date: Jun 12, 1996
Ensuring Judicial Impartiality: The Miles v. Chater Decision and Its Impact on Social Security Disability Hearings Introduction The case of Brenda P. Miles v. Shirley S. Chater presents a pivotal...
Exhaustion of Administrative Remedies Under the IDEA: Insights from N.B. v. Alachua County School Board

Exhaustion of Administrative Remedies Under the IDEA: Insights from N.B. v. Alachua County School Board

Date: Jun 8, 1996
Exhaustion of Administrative Remedies Under the IDEA: Insights from N.B. v. Alachua County School Board Introduction The case of N.B., by her mother and next friend, D.G. a/k/a N.B.,...
Eleventh Circuit Clarifies 'Deliberate Indifference' Standard for Qualified Immunity in Cottrell v. Rend

Eleventh Circuit Clarifies 'Deliberate Indifference' Standard for Qualified Immunity in Cottrell v. Rend

Date: Jun 4, 1996
Eleventh Circuit Clarifies 'Deliberate Indifference' Standard for Qualified Immunity in Cottrell v. Rend Introduction The case of Cottrell v. Rend, adjudicated in 1996 by the United States Court of...
Establishing Boundaries for "Arranged For" Liability Under CERCLA: Insights from South Florida Water Management District v. Sprayers

Establishing Boundaries for "Arranged For" Liability Under CERCLA: Insights from South Florida Water Management District v. Sprayers

Date: Jun 4, 1996
Establishing Boundaries for "Arranged For" Liability Under CERCLA: Insights from South Florida Water Management District v. Sprayers Introduction The case of The South Florida Water Management...
BROWN v. ENSTAR GROUP: Defining 'Controlling Person' Liability Under SECA Section 20(a)

BROWN v. ENSTAR GROUP: Defining 'Controlling Person' Liability Under SECA Section 20(a)

Date: Jun 1, 1996
BROWN v. ENSTAR GROUP: Defining 'Controlling Person' Liability Under SECA Section 20(a) Introduction The case of Robert L. Brown et al. v. The Enstar Group, Inc., Richard J. Grassgreen, Perry Mendel...
Lawson v. Singletary: Establishing RFRA Standards for Religious Material Redaction in Prisons

Lawson v. Singletary: Establishing RFRA Standards for Religious Material Redaction in Prisons

Date: May 30, 1996
Lawson v. Singletary: Establishing RFRA Standards for Religious Material Redaction in Prisons Introduction Lawson v. Singletary, 85 F.3d 502 (11th Cir. 1996), is a pivotal case addressing the balance...
Broad Interpretation of Arbitration Clauses Under "Arising Hereunder": Gregory v. Electromechanical Corporation

Broad Interpretation of Arbitration Clauses Under "Arising Hereunder": Gregory v. Electromechanical Corporation

Date: May 22, 1996
Broad Interpretation of Arbitration Clauses Under "Arising Hereunder": Gregory v. Electromechanical Corporation Introduction The case of H.S. Gregory, G.E. Benson, and John C. Erber v....
Bufman v. FDIC: Expanding the Scope of the D'Oench Doctrine in Banking Litigation

Bufman v. FDIC: Expanding the Scope of the D'Oench Doctrine in Banking Litigation

Date: May 14, 1996
Bufman v. FDIC: Expanding the Scope of the D'Oench Doctrine in Banking Litigation Introduction In the case of Bufman Organization, a Florida corporation, Zev Bufman, Vilma Bufman, individually and as...
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