11th Circuit Case Commentaries

Qualified and Eleventh Amendment Immunity in Jail Abuse Cases: Analysis of Purcell v. Toombs County

Date: Feb 25, 2005

Qualified and Eleventh Amendment Immunity in Jail Abuse Cases: Analysis of Purcell v. Toombs County Introduction The case of Mollie Jo Purcell v. Toombs County revolves around the tragic beating of...

Application of Booker's Advisory Sentencing Guidelines and Plain Error Analysis in Duncan v. United States

Date: Feb 25, 2005

Application of Booker's Advisory Sentencing Guidelines and Plain Error Analysis in Duncan v. United States Introduction United States of America v. Marco D. Duncan, 400 F.3d 1297 (11th Cir. 2005),...

Establishing Genuine Agency Relationships: Eleventh Circuit Upholds U-Haul's Shield Against Sherman Act Resale Price Maintenance Claims

Date: Feb 23, 2005

Establishing Genuine Agency Relationships: Eleventh Circuit Upholds U-Haul's Shield Against Sherman Act Resale Price Maintenance Claims Introduction The case of D.L. Day, et al. v. John T. Taylor, et...

Affordable Legal Representation Under 42 U.S.C. § 406(b): Analysis of Yarnevic v. Apfel

Date: Feb 19, 2005

Affordable Legal Representation Under 42 U.S.C. § 406(b): Analysis of Yarnevic v. Apfel Introduction In the landmark case of Yarnevic v. Apfel, 359 F. Supp. 2d 1363 (2005), the United States District...

Compensation Differential Recognized as Adverse Employment Action in Title VII Race Discrimination Case

Date: Feb 19, 2005

Compensation Differential Recognized as Adverse Employment Action in Title VII Race Discrimination Case Introduction In Thalia S. Gillis v. Georgia Department of Corrections, the United States Court...

Enforceability of Arbitration Agreements and Class Action Waivers in Payday Lending Transactions Under the FAA: Jenkins v. First American Cash Advance of Georgia

Date: Feb 19, 2005

Enforceability of Arbitration Agreements and Class Action Waivers in Payday Lending Transactions Under the FAA: Jenkins v. First American Cash Advance of Georgia Introduction In the landmark...

Affirmation of Non-Retroactive Application of Booker and Blakely in Collateral § 2255 Review: Varela v. United States

Date: Feb 18, 2005

Affirmation of Non-Retroactive Application of Booker and Blakely in Collateral § 2255 Review: Varela v. United States Introduction Varela v. United States is a pivotal case that addresses the...

Defining 'Use' of Firearm in Drug Trafficking under 18 U.S.C. § 924(c): Montano v. USA

Date: Feb 5, 2005

Defining 'Use' of Firearm in Drug Trafficking under 18 U.S.C. § 924(c): Montano v. USA Introduction Montano v. United States, 398 F.3d 1276 (11th Cir. 2005), is a pivotal case that explores the...

U.S. v. Rodriguez: Clarifying Sentencing Enhancements and the Plain Error Standard Post-Booker

Date: Feb 5, 2005

U.S. v. Rodriguez: Clarifying Sentencing Enhancements and the Plain Error Standard Post-Booker Introduction In the case of United States of America v. Vladimir Rodriguez (398 F.3d 1291), the United...

Mandating Arbitration for Non-Transportation Interstate Employees: Hill v. Rent-A-Center

Date: Feb 5, 2005

Mandating Arbitration for Non-Transportation Interstate Employees: Hill v. Rent-A-Center Introduction In Hill v. Rent-A-Center, Inc., the United States Court of Appeals for the Eleventh Circuit...

Validation of Exculpatory Clauses in Fitness Programs: Upholding Liability Waivers under Georgia Law

Date: Feb 2, 2005

Validation of Exculpatory Clauses in Fitness Programs: Upholding Liability Waivers under Georgia Law Introduction The case of Daniel D. Flood, Individually and as the Administrator of the Estate of...

Affirming Clemons and AEDPA in Death Sentence Habeas Corpus: HERRING v. STATE

Date: Feb 1, 2005

Affirming Clemons and AEDPA in Death Sentence Habeas Corpus: HERRING v. STATE Introduction Ted Herring, the petitioner-appellant, filed a habeas corpus petition challenging his 1982 state-court...

Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Rubbo

Date: Jan 22, 2005

Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Rubbo Introduction United States of America v. Angela Ann Rubbo is a pivotal case decided by the United States...

Retroactivity of Constitutional Rules in Successive §2255 Motions: Analysis of In re: Jerry J. Anderson

Date: Jan 22, 2005

Retroactivity of Constitutional Rules in Successive §2255 Motions: Analysis of In re: Jerry J. Anderson Introduction In re: Jerry J. Anderson (396 F.3d 1336) is a pivotal case adjudicated by the...

Eleventh Circuit Establishes Arbitration Precedence in Seamen Employment Contracts Over FAA Exemption

Date: Jan 19, 2005

Eleventh Circuit Establishes Arbitration Precedence in Seamen Employment Contracts Over FAA Exemption Introduction The case of Rizalyn Bautista, Individually and as Personal Representative of the...

Expanding Commerce Clause Jurisdiction: Upholding 18 U.S.C. §247 in United States v. Ballinger

Date: Jan 11, 2005

Expanding Commerce Clause Jurisdiction: Upholding 18 U.S.C. §247 in United States v. Ballinger Introduction United States of America v. Jay Scott Ballinger, 395 F.3d 1218 (11th Cir. 2005), is a...

Voluntary Consent and Circumstantial Evidence in Drug Conspiracy Convictions: Pineiro v. United States

Date: Jan 8, 2005

Voluntary Consent and Circumstantial Evidence in Drug Conspiracy Convictions: Pineiro v. United States Introduction United States v. Pineiro is a pivotal case adjudicated by the United States Court...

Substantial Evidence Standard in Disability Claims: Dyer v. Barnhart Analysis

Date: Jan 6, 2005

Substantial Evidence Standard in Disability Claims: Dyer v. Barnhart Analysis Introduction The case of Bobby Dyer v. Jo Anne B. Barnhart, Commissioner of Social Security Administration serves as a...

Denaturalization Based on Commission of Unlawful Acts During Statutory Period

Date: Jan 5, 2005

Denaturalization Based on Commission of Unlawful Acts During Statutory Period Introduction The case of United States of America v. Lionel Jean-Baptiste serves as a pivotal judicial decision in the...

Crosby v. Monroe County: Affirmation of Qualified Immunity for Law Enforcement Officers

Date: Dec 29, 2004

Crosby v. Monroe County: Affirmation of Qualified Immunity for Law Enforcement Officers Introduction In Crosby v. Monroe County, 394 F.3d 1328 (11th Cir. 2004), the United States Court of Appeals for...