11th Circuit Case Commentaries

Affirmation of Denial of Qualified Immunity for Fourth Amendment Claims in Swint v. City of Wadley

Date: May 10, 1995

Affirmation of Denial of Qualified Immunity for Fourth Amendment Claims in Swint v. City of Wadley Introduction Swint v. City of Wadley, 51 F.3d 988 (11th Cir. 1995), is a pivotal civil rights case...

Extraterrestrial Jurisdiction under the Lanham Act: Analysis of Levi Strauss Co. v. Sunrise International Trading Inc.

Date: May 6, 1995

Extraterrestrial Jurisdiction under the Lanham Act: Analysis of Levi Strauss Co. v. Sunrise International Trading Inc. Introduction The case of Levi Strauss Co. v. Sunrise International Trading Inc....

Deliberate Indifference in Jail Conditions: Hale v. Tallapoosa County Establishes Critical Precedent

Date: May 3, 1995

Deliberate Indifference in Jail Conditions: Hale v. Tallapoosa County Establishes Critical Precedent Introduction Larry Wayne Hale v. Tallapoosa County is a landmark case adjudicated by the United...

Mandatory Claims Presentation Under the Oil Pollution Act of 1990: A Comprehensive Analysis

Date: Apr 27, 1995

Mandatory Claims Presentation Under the Oil Pollution Act of 1990: A Comprehensive Analysis Introduction The case of Boca Ciega Hotel, Inc. v. Bouchard Transportation Company, Inc. adjudicated by the...

Enhancing Whistleblower Protections under the Energy Reorganization Act: Bechtel Construction Co. v. Secretary of Labor

Date: Apr 21, 1995

Enhancing Whistleblower Protections under the Energy Reorganization Act: Bechtel Construction Co. v. Secretary of Labor Introduction Bechtel Construction Company v. Secretary of Labor is a pivotal...

Edwards v. Wallace Community College: Affirmation of Summary Judgment in Racial Discrimination Claims

Date: Apr 20, 1995

Edwards v. Wallace Community College: Affirmation of Summary Judgment in Racial Discrimination Claims Introduction In the landmark case of Marcia M. Edwards v. Wallace Community College, decided by...

Affirmation of Rule 11 Sanctions: Reinforcing Attorney Responsibilities in Pleading

Date: Apr 7, 1995

Affirmation of Rule 11 Sanctions: Reinforcing Attorney Responsibilities in Pleading Introduction The case of RICHARD JONES, GAIL JONES, PLAINTIFFS, BARRY L. ROSEMAN, APPELLANT, v. INTERNATIONAL...

Eleventh Amendment Immunity and Retroactive Application of Civil Rights Act in Section 1983 Suits: KARA CROSS v. STATE OF ALABAMA

Date: Apr 7, 1995

Eleventh Amendment Immunity and Retroactive Application of Civil Rights Act in Section 1983 Suits: KARA CROSS v. STATE OF ALABAMA Introduction In the case of KARA CROSS; DEBRA YORK, et al. v. STATE...

Eleventh Circuit Upholds Denial of Sentence Credit for Time in Halfway/Safe Houses under 18 U.S.C. § 3585(b)

Date: Apr 7, 1995

Eleventh Circuit Upholds Denial of Sentence Credit for Time in Halfway/Safe Houses under 18 U.S.C. § 3585(b) Introduction In the landmark case of John F. Dawson v. Roger Scott, Warden, 50 F.3d 884...

Qualified Immunity Upholding in Arrest Without Probable Cause: L.S.T., Inc. v. Crow Case

Date: Apr 7, 1995

Qualified Immunity Upholding in Arrest Without Probable Cause: L.S.T., Inc. v. Crow Case Introduction The case of L.S.T., Inc., Individually DBA Kokomo, Harvey Adams, Steven Adams, James Miller, Mark...

Hromada v. United States: Affirmation of Protective Sweeps and Knock-and-Announce Compliance in Drug-Related Arrests

Date: Apr 7, 1995

Hromada v. United States: Affirmation of Protective Sweeps and Knock-and-Announce Compliance in Drug-Related Arrests Introduction The case of United States of America v. Paul Edward Hromada (49 F.3d...

Waters v. Thomas: Affirmation of Strickland Standard in Sentencing Phase Ineffective Assistance Claim

Date: Apr 5, 1995

Waters v. Thomas: Affirmation of Strickland Standard in Sentencing Phase Ineffective Assistance Claim Introduction In Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995), the United States Court of...

Dischargeability of Acknowledged Tax Liabilities in Bankruptcy: The Haas Decision

Date: Mar 31, 1995

Dischargeability of Acknowledged Tax Liabilities in Bankruptcy: The Haas Decision Introduction The case of In re Bernice Elizabeth Haas; Thomas Milton Haas, Debtors addresses a pivotal issue in...

Failure to Obtain Workers' Compensation Insurance Not a Willful and Malicious Injury under 11 U.S.C. § 523(a)(6)

Date: Mar 31, 1995

Failure to Obtain Workers' Compensation Insurance Not a Willful and Malicious Injury under 11 U.S.C. § 523(a)(6) Introduction The case Frank B. Hope v. Keith Walker examines whether an employer’s...

Establishing the Boundaries of Qualified Immunity in Civil Rights Litigation: Insights from D'Aguanno et al. v. Gallagher et al. (1995)

Date: Mar 30, 1995

Establishing the Boundaries of Qualified Immunity in Civil Rights Litigation: Insights from D'Aguanno et al. v. Gallagher et al. (1995) Introduction Dennis J. D'Aguanno, John William McVeigh,...

Ensuring Evidentiary Support in Drug Quantity Attribution: Insights from United States v. Lawrence et al.

Date: Mar 24, 1995

Ensuring Evidentiary Support in Drug Quantity Attribution: Insights from United States v. Lawrence et al. Introduction The case of United States of America v. Dwight Gregory Lawrence, Samuel...

Affirmation of Legitimate Non-Discriminatory Reasons in Title VII Claims: Coutu v. Martin County

Date: Mar 17, 1995

Affirmation of Legitimate Non-Discriminatory Reasons in Title VII Claims: Coutu v. Martin County Introduction In the landmark case D. Tammy Coutu v. Martin County Board of County Commissioners,...

Legislative Immunity Does Not Shield Administrative Employment Decisions: Smith v. Lomax

Date: Feb 23, 1995

Legislative Immunity Does Not Shield Administrative Employment Decisions: Smith v. Lomax Introduction In ALICE H. SMITH v. MICHAEL LOMAX, the United States Court of Appeals for the Eleventh Circuit...

United States v. Magluta: Eleventh Circuit Reinforces 'Reason to Believe' Standard for Executing Arrest Warrants under PAYTON v. NEW YORK

Date: Feb 22, 1995

United States v. Magluta: Eleventh Circuit Reinforces 'Reason to Believe' Standard for Executing Arrest Warrants under PAYTON v. NEW YORK Introduction In the landmark case United States of America v....

Equal Pay Act: Monroe County Sheriff's Department Wage Disparity Upholds Male Premium

Date: Feb 14, 1995

Equal Pay Act: Monroe County Sheriff's Department Wage Disparity Upholds Male Premium Introduction The landmark case of Barbara R. Irby v. John Cary Bittick examined whether the pay disparity between...

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