11th Circuit Case Commentaries

Affirmation of Procedural Defaults and AEDPA Principles in Habeas Corpus: The Krishna Maharaj Case

Date: Jan 26, 2006

Affirmation of Procedural Defaults and AEDPA Principles in Habeas Corpus: The Krishna Maharaj Case Introduction Krishna Maharaj, a British national residing in South Florida, was convicted in a...

Affirmation of Ineffective Assistance of Counsel Standards in Federal Habeas Corpus Petitions

Date: Jan 21, 2006

Affirmation of Ineffective Assistance of Counsel Standards in Federal Habeas Corpus Petitions Introduction The case of Aaron Lee Jones v. Donal Campbell adjudicated by the United States Court of...

Affirmation of Judicial Finality: Limitations of Rule 60(b) in Vacating Favorable Judgments

Date: Jan 12, 2006

Affirmation of Judicial Finality: Limitations of Rule 60(b) in Vacating Favorable Judgments Introduction The case of Sandra Cano v. Thurbert E. Baker et al. addresses the intricate interplay between...

Establishing Municipal Liability and Equal Protection in Zoning Decisions: Campbell v. Rainbow City

Date: Jan 7, 2006

Establishing Municipal Liability and Equal Protection in Zoning Decisions: Campbell v. Rainbow City Introduction In the landmark case of Campbell v. Rainbow City, the United States Court of Appeals...

Affirmation of Conspiracy and Social Security Fraud Convictions in Immigration-Related Scheme: Analysis of United States v. Ndiaye et al. (434 F.3d 1270)

Date: Jan 7, 2006

Affirmation of Conspiracy and Social Security Fraud Convictions in Immigration-Related Scheme: Analysis of United States v. Ndiaye et al. (434 F.3d 1270) Introduction In United States v. Ndiaye et...

Affirmation of Equitable Tolling in Human Rights Claims Under TVPA and ATCA: ARCE v. GARCIA

Date: Jan 5, 2006

Affirmation of Equitable Tolling in Human Rights Claims Under TVPA and ATCA: ARCE v. GARCIA Introduction Case: Arce, Gonzalez, and Mauricio v. Garcia and Casanova Court: United States Court of...

Clarifying the Causation Requirement in Title VII Sexual Harassment and Retaliation Claims: Analysis of Cotton v. Cracker Barrel

Date: Jan 5, 2006

Clarifying the Causation Requirement in Title VII Sexual Harassment and Retaliation Claims: Analysis of Cotton v. Cracker Barrel Introduction Cotton v. Cracker Barrel Old Country Store, Inc. (434...

Affirmation of Adverse Credibility Determination in Asylum and Withholding of Removal: Ruiz v. U.S. Attorney General

Date: Jan 5, 2006

Affirmation of Adverse Credibility Determination in Asylum and Withholding of Removal: Ruiz v. U.S. Attorney General Introduction The case of Jaime Ruiz and Sandra Milena Sanchez Cabrera v. U.S....

Affirmation of Prior-Conviction Exception: United States v. Gibson

Date: Jan 5, 2006

Affirmation of Prior-Conviction Exception: United States v. Gibson Introduction The case of United States v. Steven Gibson, adjudicated by the United States Court of Appeals for the Eleventh Circuit...

False Claims Act Enforcement Enhanced: Walker v. RF Properties Establishes Critical Precedent for Medicare Billing Practices

Date: Dec 31, 2005

False Claims Act Enforcement Enhanced: Walker v. RF Properties Establishes Critical Precedent for Medicare Billing Practices Introduction In the landmark case of United States ex rel. Karyn L. Walker...

Enforcement of Contractual Limitations Period in Fraud Claims: Maxcess Inc. v. Lucent Technologies Inc.

Date: Dec 28, 2005

Enforcement of Contractual Limitations Period in Fraud Claims: Maxcess Inc. v. Lucent Technologies Inc. Introduction The case of Maxcess, Inc. v. Lucent Technologies, Inc., decided by the United...

Affirmation of Conspiracy Conviction and Sentencing Guidelines Reassessment in United States v. Hernandez

Date: Dec 28, 2005

Affirmation of Conspiracy Conviction and Sentencing Guidelines Reassessment in United States v. Hernandez Introduction The case of United States of America v. Arturo Hernandez (433 F.3d 1328)...

Gomez-Diaz v. United States: Reinforcing the Boundaries of Limited Appeal Waivers in Effective Assistance of Counsel Claims

Date: Dec 21, 2005

Gomez-Diaz v. United States: Reinforcing the Boundaries of Limited Appeal Waivers in Effective Assistance of Counsel Claims Introduction The case of Francisco Gomez-Diaz a.k.a. Jose Gomer a.k.a. Joe...

Constructive Discharge in Age Discrimination Claims: Insights from Rowell v. BellSouth Corporation

Date: Dec 21, 2005

Constructive Discharge in Age Discrimination Claims: Insights from Rowell v. BellSouth Corporation Introduction Rowell v. BellSouth Corporation, 433 F.3d 794 (11th Cir. 2005), is a pivotal case in...

Divisibility of Grand Theft Statutes and Aggravated Felony Classification in Immigration Law: Jaggernauth v. U.S. Attorney General

Date: Dec 20, 2005

Divisibility of Grand Theft Statutes and Aggravated Felony Classification in Immigration Law: Jaggernauth v. U.S. Attorney General Introduction Jaggernauth v. U.S. Attorney General is a pivotal case...

Arbitration Clause Enforceable Without Severability Clause When Incorporating AAA Rules: 11th Circuit Precedent

Date: Dec 17, 2005

Arbitration Clause Enforceable Without Severability Clause When Incorporating AAA Rules: 11th Circuit Precedent Introduction The case of Terminix International Company, LP v. Palmer Ranch Limited...

Limits on De Novo Review in Disability Discrimination Cases under the Rehabilitation Act

Date: Dec 17, 2005

Limits on De Novo Review in Disability Discrimination Cases under the Rehabilitation Act Introduction The case of David W. Ellis, Jr. v. Gordon R. England (432 F.3d 1321) adjudicated by the United...

Strict Standards for Sua Sponte Dismissal with Prejudice Established in Betty K Agencies Ltd. v. Tidal Wave Limited

Date: Dec 17, 2005

Strict Standards for Sua Sponte Dismissal with Prejudice Established in Betty K Agencies Ltd. v. Tidal Wave Limited Introduction The case of Betty K Agencies, Ltd. v. Tidal Wave Limited, adjudicated...

Affirmation and Reversal: Evidentiary Errors and Harmless Error Analysis in United States v. Mar (432 F.3d 1189)

Date: Dec 14, 2005

Affirmation and Reversal: Evidentiary Errors and Harmless Error Analysis in United States v. Mar (432 F.3d 1189) Introduction In the case of United States v. Mar (432 F.3d 1189), the United States...

Rule 404(b) Evidence Admissibility in Conspiracy Charges: Insights from United States v. Matthews

Date: Dec 7, 2005

Rule 404(b) Evidence Admissibility in Conspiracy Charges: Insights from United States v. Matthews Introduction United States v. Terrance Matthews is a pivotal decision from the United States Court of...