11th Circuit Case Commentaries

Eleventh Circuit Affirms Admissibility of Hearsay and Extra-Verdit Fact Enhancements in Sentencing Proceedings

Date: Sep 28, 2005

Eleventh Circuit Affirms Admissibility of Hearsay and Extra-Verdit Fact Enhancements in Sentencing Proceedings Introduction United States v. Quan Chau, 426 F.3d 1318 (11th Cir. 2005), is a pivotal...

Affirmation of Guidelines-Based Sentencing in Federal Sexual Offense Case: United States v. Scott

Date: Sep 28, 2005

Affirmation of Guidelines-Based Sentencing in Federal Sexual Offense Case: United States v. Scott Introduction United States v. David William Scott is a significant appellate case adjudicated by the...

Legal Commentary on Shernika Holton v. City of Thomasville School District

Date: Sep 24, 2005

Ability Grouping in Desegregation Cases: Insights from Shernika Holton v. City of Thomasville School District Introduction The case of Shernika Holton, Spencer Wilson, et al. v. City of Thomasville...

Enforcement of Bankruptcy Reorganization Plans: Finova Capital Corp. v. M J Lokensgard, Inc.

Date: Sep 21, 2005

Enforcement of Bankruptcy Reorganization Plans: Finova Capital Corp. v. M J Lokensgard, Inc. Introduction The case of Finova Capital Corp. v. M J Lokensgard, Inc. (425 F.3d 1294) serves as a pivotal...

Affirmation of Denied Intervention in Insurance Coverage Dispute: M.T. Hawley Insurance Co. v. Sandy Lake Properties, Inc.

Date: Sep 21, 2005

Affirmation of Denied Intervention in Insurance Coverage Dispute: M.T. Hawley Insurance Co. v. Sandy Lake Properties, Inc. Introduction The case of MT. HAWLEY INSURANCE CO., a foreign corporation,...

Eleventh Circuit Sets High Bar for Preliminary Injunctions and Interlocutory Appeals in Water Allocation Litigation

Date: Sep 20, 2005

Eleventh Circuit Sets High Bar for Preliminary Injunctions and Interlocutory Appeals in Water Allocation Litigation Introduction The case of State of Alabama, Plaintiff-Appellee, State of Florida,...

Aggregate Application of Statutory Caps in § 3583(e)(3): Analysis of United States v. Williams

Date: Sep 20, 2005

Aggregate Application of Statutory Caps in § 3583(e)(3): Analysis of United States v. Williams Introduction The case of United States of America v. Arthur Lee Williams, adjudicated by the United...

Reasonable Compensation for Subpoenaed Confidential Data Limited to Production Costs: 11th Circuit's Interpretation of Fed. R. Civ. P. 45(c)(3)(B)

Date: Sep 17, 2005

Reasonable Compensation for Subpoenaed Confidential Data Limited to Production Costs: 11th Circuit's Interpretation of Fed. R. Civ. P. 45(c)(3)(B) Introduction The case of Leonard J. KLAY, M.D., et...

Eleventh Circuit Upholds Preliminary Injunction Limiting Unbundled Access: BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services, LLC

Date: Sep 16, 2005

Eleventh Circuit Upholds Preliminary Injunction Limiting Unbundled Access: BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services, LLC Introduction In the landmark case Bellsouth...

No Possessory Interest in Seized Funds and Firearm Return Barred for Convicted Felons: United States v. Howell

Date: Sep 16, 2005

No Possessory Interest in Seized Funds and Firearm Return Barred for Convicted Felons: United States v. Howell Introduction United States v. Granger Howell is a significant case adjudicated by the...

Sufficiency of Evidence for Conspiracy: Insights from United States v. Miranda

Date: Sep 15, 2005

Sufficiency of Evidence for Conspiracy: Insights from United States v. Miranda Introduction The case of United States of America v. Adan Gil Miranda (425 F.3d 953) adjudicated by the United States...

Ordinary Firmness Standard for Retaliation Claims: 11th Circuit Establishes Clear Guidelines on Qualified Immunity

Date: Sep 10, 2005

Ordinary Firmness Standard for Retaliation Claims: 11th Circuit Establishes Clear Guidelines on Qualified Immunity Introduction In the landmark case of Bennett v. Hendrix, decided on September 9,...

Affirmation of Conspiracy Convictions and Sentencing Adjustments Post-Booker: Thompson v. United States

Date: Sep 2, 2005

Affirmation of Conspiracy Convictions and Sentencing Adjustments Post-Booker: Thompson v. United States Introduction In the case of United States v. Elizabeth Marie Morse Thompson and Joseph James...

Affirmation of Excessive Force and Deliberate Indifference in Bozeman v. Orum

Date: Sep 1, 2005

Affirmation of Excessive Force and Deliberate Indifference in Bozeman v. Orum Introduction In Bozeman v. Orum, 422 F.3d 1265 (11th Cir. 2005), the United States Court of Appeals for the Eleventh...

11th Circuit Upholds Requirement of Reasonable Suspicion in Strip Searches, Limiting Blanket Search Practices

Date: Sep 1, 2005

11th Circuit Upholds Requirement of Reasonable Suspicion in Strip Searches, Limiting Blanket Search Practices Introduction The appellate case of Janet M. Hicks v. Richard Moore et al. examines the...

Affirmation of Reasonable Sentencing in Mail Fraud Case: United States v. Winingear

Date: Aug 31, 2005

Affirmation of Reasonable Sentencing in Mail Fraud Case: United States v. Winingear Introduction The case of United States of America v. Scott A. Winingear (422 F.3d 1241) presents an appellate...

Affirming Reasonable Accommodation for 'Regarded As' Disabled Employees under ADA: Cris D'Angelo v. ConAgra Foods

Date: Aug 31, 2005

Affirming Reasonable Accommodation for 'Regarded As' Disabled Employees under ADA: Cris D'Angelo v. ConAgra Foods Introduction Cris D'Angelo v. ConAgra Foods, Inc. is a landmark case adjudicated by...

Eleventh Circuit Upholds State Convictions and Affirms Procedural Bars to Habeas Relief in LeCroy v. Florida

Date: Aug 30, 2005

Eleventh Circuit Upholds State Convictions and Affirms Procedural Bars to Habeas Relief in LeCroy v. Florida Introduction In Cleo Douglas LeCROY v. Secretary, Florida Department of Corrections, 421...

Balancing Noerr-Pennington Immunity and Antitrust Liability in Patent Litigation: ANDRX Pharmaceuticals, Inc. v. Elan Corporation

Date: Aug 30, 2005

Balancing Noerr-Pennington Immunity and Antitrust Liability in Patent Litigation: ANDRX Pharmaceuticals, Inc. v. Elan Corporation Introduction The case of ANDRX Pharmaceuticals, Inc. v. Elan...

Affirmation of AEDPA's Strict One-Year Limitation Period: Gary LAWRENCE v. STATE of Florida

Date: Aug 27, 2005

Affirmation of AEDPA's Strict One-Year Limitation Period: Gary LAWRENCE v. STATE of Florida Introduction Gary LAWRENCE v. STATE of Florida (421 F.3d 1221) is a seminal case adjudicated by the United...