11th Circuit Case Commentaries

Enhancing Personal Jurisdiction Through Substantial Activities and Agency Relations: Stubbs v. Wyndham Nassau Resort and WHC Franchise Corporation

Date: May 6, 2006

Enhancing Personal Jurisdiction Through Substantial Activities and Agency Relations: Stubbs v. Wyndham Nassau Resort and WHC Franchise Corporation Introduction Howard Cameron Stubbs, a resident of...

Clear Link Between Persecution and Protected Grounds: Silva v. U.S. Attorney General

Date: May 6, 2006

Clear Link Between Persecution and Protected Grounds: Silva v. U.S. Attorney General Introduction Silva v. U.S. Attorney General, 448 F.3d 1229 (11th Cir. 2006), addresses critical issues in asylum...

Establishing Precedent: Expert Testimony and Reliance on Admitted Declarant Statements under the Sixth Amendment

Date: May 4, 2006

Establishing Precedent: Expert Testimony and Reliance on Admitted Declarant Statements under the Sixth Amendment Introduction In the case of United States of America v. Cesar Garcia and Hector Nunez,...

Ensuring Reasoned Decisions in Withholding of Removal: Comprehensive Evaluation of Persecution on Protected Grounds

Date: May 2, 2006

Ensuring Reasoned Decisions in Withholding of Removal: Comprehensive Evaluation of Persecution on Protected Grounds Introduction The case of Liana Tan and I Gusti Ngurah Nessy Eliarta Suprajapata v....

Application of Booker and Blakely in Sentencing: Comprehensive Analysis of United States v. Felix Esteban Thomas

Date: Apr 27, 2006

Application of Booker and Blakely in Sentencing: Comprehensive Analysis of United States v. Felix Esteban Thomas Introduction In the landmark case United States v. Felix Esteban Thomas, 446 F.3d 1348...

Affirmation of Mandatory Sentencing and Admissibility of Co-Conspirator Statements in United States v. Underwood

Date: Apr 26, 2006

Affirmation of Mandatory Sentencing and Admissibility of Co-Conspirator Statements in United States v. Underwood Introduction United States of America v. Darin Underwood, 446 F.3d 1340 (11th Cir....

Affirmation of Non-Abuse of Discretion in Denial of Costs and Attorneys' Fees Under 28 U.S.C. § 1447(c): Bauknight v. Monroe County

Date: Apr 26, 2006

Affirmation of Non-Abuse of Discretion in Denial of Costs and Attorneys' Fees Under 28 U.S.C. § 1447(c): Bauknight v. Monroe County Introduction Parties Involved: The appellants in this case are...

Enhancing Speedy Trial Protections: Ingram v. United States Establishes Precedent on Indictment Delays

Date: Apr 26, 2006

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal advice regarding your situation, please consult a qualified attorney. Enhancing...

Vacated Nolo Contendere Pleas and Immigration Convictions: Alim v. Gonzales Establishes Precedent

Date: Apr 25, 2006

Vacated Nolo Contendere Pleas and Immigration Convictions: Alim v. Gonzales Establishes Precedent Introduction Samir M. Alim, a native and citizen of Syria, challenged the decision of the United...

Reliance Requirement for ERISA Claims Precludes Rule 23(b)(2) Class Certification

Date: Apr 25, 2006

Reliance Requirement for ERISA Claims Precludes Rule 23(b)(2) Class Certification Introduction Robert P. Heffner, Jr., et al. v. Blue Cross and Blue Shield of Alabama, Inc. (443 F.3d 1330) is a...

Noncriminal Informants Excluded as a 'Particular Social Group' Under INA: An Analysis of Castillo-Arias v. U.S. Attorney General

Date: Apr 21, 2006

Noncriminal Informants Excluded as a 'Particular Social Group' Under INA: An Analysis of Castillo-Arias v. U.S. Attorney General Introduction Castillo-Arias v. U.S. Attorney General is a significant...

Exhaustion of Administrative Remedies under IDEA in Retaliation Claims: Analysis of M.T.V. v. DeKalb County School District

Date: Apr 19, 2006

Exhaustion of Administrative Remedies under IDEA in Retaliation Claims: Analysis of M.T.V. v. DeKalb County School District Introduction The case of M.T.V., C.T.V., C.E.V., Plaintiffs-Appellants, v....

Clarifying Qualified Immunity in Warrantless In-Home Arrests: Analysis of Bashir v. Rockdale County

Date: Apr 15, 2006

Clarifying Qualified Immunity in Warrantless In-Home Arrests: Analysis of Bashir v. Rockdale County Introduction Saleem Bashir v. Rockdale County, Georgia, 445 F.3d 1323 (11th Cir. 2006), is a...

Clarifying the Application of Concurrent Sentences under the Sentencing Guidelines: Coloma v. Holder

Date: Apr 12, 2006

Clarifying the Application of Concurrent Sentences under the Sentencing Guidelines: Coloma v. Holder Introduction In Jose Semane Coloma, Petitioner, v. Carlyle I. Holder, Respondent (445 F.3d 1282),...

Legal Principles on Negligent Misrepresentation and Franchise Agreements in AMERICAN CASUAL DINING v. MOE'S SOUTHWEST GRILL

Date: Apr 6, 2006

Legal Principles on Negligent Misrepresentation and Franchise Agreements in AMERICAN CASUAL DINING v. MOE'S SOUTHWEST GRILL Introduction The case of AMERICAN CASUAL DINING, L.P. v. MOE'S SOUTHWEST...

Enhancing Disability Claims: The Tauber v. Barnhart Decision

Date: Apr 1, 2006

Enhancing Disability Claims: The Tauber v. Barnhart Decision Introduction The case of Patricia M. Tauber v. Jo Anne B. Barnhart, decided on March 31, 2006, by the United States District Court for the...

Burke-Fowler v. Orange County: Reinforcement of 'Nearly Identical' Comparator Standard in Title VII Discrimination Claims

Date: Mar 28, 2006

Burke-Fowler v. Orange County: Reinforcement of 'Nearly Identical' Comparator Standard in Title VII Discrimination Claims Introduction Burke-Fowler v. Orange County is a significant case adjudicated...

ERISA Top Hat Plan Enforcement: Holloman v. Mail-Well Corporation

Date: Mar 28, 2006

ERISA Top Hat Plan Enforcement: Holloman v. Mail-Well Corporation Introduction In the landmark case Otis J. Holloman and Jonella Holloman v. Mail-Well Corporation, adjudicated by the United States...

Reversal of Acquittal in United States v. Molina: Establishing Constructs of Knowledge and Possession in Drug Conspiracy Cases

Date: Mar 25, 2006

Reversal of Acquittal in United States v. Molina: Establishing Constructs of Knowledge and Possession in Drug Conspiracy Cases Introduction United States of America v. Eliany Molina is a pivotal case...

Eleventh Circuit Affirms Obstruction of Justice Enhancement: Willfulness and Material Hindrance Confirmed in U.S. v. Massey

Date: Mar 24, 2006

Eleventh Circuit Affirms Obstruction of Justice Enhancement: Willfulness and Material Hindrance Confirmed in U.S. v. Massey Introduction In the case of United States of America v. Marissa Giselle...