11th Circuit Case Commentaries

Affirmation of Alford Pleas and Collateral Estoppel in Tax Fraud Cases: Blohm v. Commissioner

Date: Jul 10, 1993

Affirmation of Alford Pleas and Collateral Estoppel in Tax Fraud Cases: Blohm v. Commissioner Introduction The case Nelson M. Blohm and JoAnn M. Blohm v. Commissioner of Internal Revenue, adjudicated...

Reaffirmation of Deliberate Indifference in Eighth Amendment Prison Litigation: LaMARCA v. TURNER

Date: Jul 8, 1993

Reaffirmation of Deliberate Indifference in Eighth Amendment Prison Litigation: LaMARCA v. TURNER Introduction LaMARCA v. TURNER, 995 F.2d 1526 (11th Cir. 1993), is a seminal case addressing the...

Eleventh Circuit Clarifies AWPA Coverage for Labor Camp Housed Workers: Caro-Galvan v. Curtis Richardson

Date: Jun 26, 1993

Eleventh Circuit Clarifies AWPA Coverage for Labor Camp Housed Workers: Caro-Galvan v. Curtis Richardson Introduction Caro-Galvan et al. v. Curtis Richardson, Inc. is a pivotal case decided by the...

State Action Clarified: Private Hospital Employment Decisions Not Constituting State Action Under 42 U.S.C. § 1983

Date: Jun 23, 1993

State Action Clarified: Private Hospital Employment Decisions Not Constituting State Action Under 42 U.S.C. § 1983 Introduction The case of Carol H. Willis v. University Health Services, Inc. (993...

Punitive Damages for Fraud as Nondischargeable Debts Under 11 U.S.C. §523(a)(2)(A): In re Louis S. St. Laurent, II

Date: Jun 23, 1993

Punitive Damages for Fraud as Nondischargeable Debts Under 11 U.S.C. §523(a)(2)(A): In re Louis S. St. Laurent, II Introduction In the case of In re Louis S. St. Laurent, II, et al., Debtors v....

No Due Process Right to Speedy Extradition Established in Martin v. Warden

Date: Jun 22, 1993

No Due Process Right to Speedy Extradition Established in Martin v. Warden Introduction Thomas James Martin v. Warden, Atlanta Pen, U.S. Marshall Service is a pivotal case decided by the United...

Affirmation of Standing Requirements in Environmental Litigation: REGION 8 Forest Service Timber Purchasers Council v. Alcock

Date: Jun 22, 1993

Affirmation of Standing Requirements in Environmental Litigation: REGION 8 Forest Service Timber Purchasers Council v. Alcock Introduction The case of REGION 8 Forest Service Timber Purchasers...

Arbitration Obligations of Securities Firms under NASD Code: Insights from Wheat First Securities, Inc. v. Green et al.

Date: Jun 22, 1993

Arbitration Obligations of Securities Firms under NASD Code: Insights from Wheat First Securities, Inc. v. Green et al. Introduction The case of Wheat First Securities, Inc. v. Ronald G. Green et...

Discretionary Function Exception Affirmed in Federal Tort Claims: U.S. v. Autery and Schreiner

Date: Jun 12, 1993

Discretionary Function Exception Affirmed in Federal Tort Claims: U.S. v. Autery and Schreiner Introduction In the case of NELL D. AUTERY, AS ADMINISTRATRIX OF THE ESTATE OF ROY FRANKLIN AUTERY;...

Marshall County Gas District Case: Clarifying Property Interests and §1983 Claims in Public Utilities

Date: Jun 9, 1993

Marshall County Gas District Case: Clarifying Property Interests and §1983 Claims in Public Utilities Introduction The case "Marshall County Board of Education, Plaintiff-Appellants v. Marshall...

Tortious Interference and Business Relationships: Georgetown Manor v. Ethan Allen

Date: May 29, 1993

Tortious Interference and Business Relationships: Georgetown Manor v. Ethan Allen Introduction The case of Georgetown Manor, Inc. v. Ethan Allen, Inc. presents a complex litigation scenario involving...

Eleventh Circuit Affirms ERISA Protections, Reverses on ADEA Claims in Coats Clark Employment Discrimination Case

Date: May 18, 1993

Eleventh Circuit Affirms ERISA Protections, Reverses on ADEA Claims in Coats Clark Employment Discrimination Case Introduction The case of BILL CLARK; HERBERT FUTCH; AUSTIN HURST; LOUIS SLIKER AND...

Deliberate Indifference to Police Training and Supervision Policies Under § 1983: Johnny Vineyard v. County of Murray

Date: May 18, 1993

Deliberate Indifference to Police Training and Supervision Policies Under § 1983: Johnny Vineyard v. County of Murray Introduction Johnny Vineyard v. County of Murray, Georgia, et al. (990 F.2d 1207)...

Sanctions for Discovery Misconduct: Insights from Devaney v. Ellis (1993)

Date: May 6, 1993

Sanctions for Discovery Misconduct: Insights from Devaney Logging Co. v. Ellis (1993) Introduction The case of Gary Devaney, d/b/a Devaney Logging Company v. Continental American Insurance Company...

Informed Consent and the Recognition of Alternative Treatments: Moore v. Baker

Date: May 1, 1993

Informed Consent and the Recognition of Alternative Treatments: Moore v. Baker Introduction The case of Judith Moore v. Roy Baker; Neurological Institute of Savannah, P.C. and Memorial Medical Center...

Assumption of Risk and Manufacturer Liability in Product Misuse: Reynolds Estate v. Bridgestone/Firestone Inc.

Date: Apr 29, 1993

Assumption of Risk and Manufacturer Liability in Product Misuse: Reynolds Estate v. Bridgestone/Firestone Inc. Introduction The case of Inez Reynolds, as the Successor Administratrix of the Estate of...

Eleventh Circuit Establishes Strict Standards for Attorney's Fees in EEOC Discrimination Cases

Date: Apr 27, 1993

Eleventh Circuit Establishes Strict Standards for Attorney's Fees in EEOC Discrimination Cases Introduction In the landmark case Equal Employment Opportunity Commission (EEOC) v. Reichhold Chemicals,...

Revocation of Power of Attorney in Bankruptcy Proceedings: In Re JLJ Inc. Comprehensive Commentary

Date: Apr 21, 1993

Revocation of Power of Attorney in Bankruptcy Proceedings: In Re JLJ Inc. Comprehensive Commentary Introduction The case of In Re JLJ Inc., d/b/a All American Trade Day centers on a dispute over the...

Establishing New Precedent in Negligent Hiring and Section 324A Liability: Hutcherson v. Progressive Corporation

Date: Apr 16, 1993

Establishing New Precedent in Negligent Hiring and Section 324A Liability: Hutcherson v. Progressive Corporation Introduction Hutcherson v. Progressive Corporation is a pivotal case decided by the...

Duty of Fair Representation in Union Negotiations: Gropp v. United Airlines

Date: Apr 14, 1993

Duty of Fair Representation in Union Negotiations: Gropp v. United Airlines Introduction In Gropp et al. v. United Airlines, Inc., 817 F. Supp. 1558 (M.D. Fla. 1993), a group of United Airlines...

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