11th Circuit Case Commentaries

Hubbard v. Campbell: Clarifying Jurisdictional Limits on Successive Habeas Corpus Petitions in Competency-to-be-Executed Claims

Date: Aug 5, 2004

Hubbard v. Campbell: Clarifying Jurisdictional Limits on Successive Habeas Corpus Petitions in Competency-to-be-Executed Claims Introduction James Barney Hubbard, a death row inmate in the Alabama...

Legal Commentary: Appellate Procedure and the Importance of Timely Issue Raising in United States v. Levy

Date: Aug 4, 2004

Appellate Procedure and the Importance of Timely Issue Raising in United States v. Levy Introduction United States of America v. Raphael R. Levy, 379 F.3d 1241 (11th Cir. 2004), is a pivotal case...

Excessive Force and Qualified Immunity in Arrests: Insights from Garrett v. Dually et al.

Date: Jul 31, 2004

Excessive Force and Qualified Immunity in Arrests: Insights from Garrett v. Dually et al. Introduction Garrett v. Dually et al. is a pivotal case adjudicated by the United States Court of Appeals for...

Forum Selection Clause and Waiver of Removal Rights: Eleventh Circuit Reverses Remand in Global Satellite Communications v. Starmill U.K. Limited

Date: Jul 30, 2004

Forum Selection Clause and Waiver of Removal Rights: Eleventh Circuit Reverses Remand in Global Satellite Communications v. Starmill U.K. Limited Introduction The case of Global Satellite...

Establishing Strict and Joint Liability in Securities Law Violations: An In-Depth Commentary on SEC v. Calvo, III (11th Cir. 2004)

Date: Jul 28, 2004

Establishing Strict and Joint Liability in Securities Law Violations: An In-Depth Commentary on SEC v. Calvo, III (11th Cir. 2004) Introduction The case of SEC v. William A. Calvo III represents a...

Affirmation of Fourth Amendment Protections: Establishing Warrant Requirement for Private Office Searches in O'Rourke v. Hayes

Date: Jul 28, 2004

Affirmation of Fourth Amendment Protections: Establishing Warrant Requirement for Private Office Searches in O'Rourke v. Hayes Introduction The case of Guirlaine O'Rourke v. Christopher Hayes...

Kelley v. Secretary of Department of Corrections: A Landmark on Habeas Corpus and Due Process

Date: Jul 24, 2004

Kelley v. Secretary of Department of Corrections: A Landmark on Habeas Corpus and Due Process Introduction Kelley v. Secretary for the Department of Corrections, Florida Department of Corrections,...

Affirmation of Procedural Default and Effective Assistance of Counsel Standards in Habeas Corpus Relief: Peoples v. Campbell

Date: Jul 22, 2004

Affirmation of Procedural Default and Effective Assistance of Counsel Standards in Habeas Corpus Relief: Peoples v. Campbell Introduction In the case of John W. Peoples, Jr. v. Donal Campbell,...

Younger Abstention Applied: Federal Preemption Claims Insufficient in Hughes v. Attorney General of Florida

Date: Jul 22, 2004

Younger Abstention Applied: Federal Preemption Claims Insufficient in Hughes v. Attorney General of Florida Introduction In the case of Christopher Scott Hughes and Thomas Porter Cloyd v. Attorney...

New Precedent on Trade Secret Evidence Admissibility: Analysis of PEAT Inc. v. Vanguard Research Inc.

Date: Jul 22, 2004

New Precedent on Trade Secret Evidence Admissibility: Analysis of PEAT Inc. v. Vanguard Research Inc. Introduction The case of PEAT, Inc. v. Vanguard Research, Inc. (378 F.3d 1154) adjudicated by the...

Strict Adherence to AEDPA's Filing Requirements Affirmed in Sibley v. Rette

Date: Jul 22, 2004

Strict Adherence to AEDPA's Filing Requirements Affirmed in Sibley v. Rette Introduction George Everette SIBLEY, Jr., and his wife, Lynda Lyon-Sibley, were convicted of capital murder on October 4,...

Eleventh Circuit Upholds Strict 'Torture' Standard for CAT Relief in Removal Proceedings

Date: Jul 21, 2004

Eleventh Circuit Upholds Strict 'Torture' Standard for CAT Relief in Removal Proceedings Introduction The case of Jean Neckson Cadet v. John M. Bulger serves as a pivotal example in the landscape of...

Establishing Protected Liberty Interests and Intentional Punishment in Pretrial Detention: Sal v. Magluta

Date: Jul 9, 2004

Establishing Protected Liberty Interests and Intentional Punishment in Pretrial Detention: Sal v. Magluta Introduction Sal v. dor Magluta, 375 F.3d 1269 (11th Cir. 2004), is a pivotal case addressing...

Harm to Competition Essential in Sherman Act Claims: 11th Circuit Upholds Dismissal in Spanish Broadcasting v. Clear Channel

Date: Jul 1, 2004

Harm to Competition Essential in Sherman Act Claims: 11th Circuit Upholds Dismissal in Spanish Broadcasting v. Clear Channel Introduction The case of Spanish Broadcasting System of Florida, Inc....

District Court's Discretion Recognized in Not Appointing Counsel for Post-Appeal Rule 33 Motions and Recusal Standards: Berger v. United States

Date: Jul 1, 2004

District Court's Discretion Recognized in Not Appointing Counsel for Post-Appeal Rule 33 Motions and Recusal Standards: Berger v. United States Introduction Berger v. United States, 375 F.3d 1223...

Reversing Arbitration Injunctions: Insights from Klay v. United Healthgroup

Date: Jul 1, 2004

Reversing Arbitration Injunctions: Insights from Klay v. United Healthgroup Introduction In Klay v. United Healthgroup, Inc., United Healthcare, PacifiCare Health Systems, Inc., the United States...

Creating Genuine Issues in Sex Discrimination Claims through Decisionmaker's Admissions: Wilson v. B/E Aerospace

Date: Jul 1, 2004

Creating Genuine Issues in Sex Discrimination Claims through Decisionmaker's Admissions: Wilson v. B/E Aerospace Introduction Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th Cir. 2004), is a...

Affirming Statutory Damages and Cyberpiracy Protections under the Lanham Act: PetMed Express, Inc. v. MedPets.com, Inc.

Date: Jun 29, 2004

Affirming Statutory Damages and Cyberpiracy Protections under the Lanham Act: PetMed Express, Inc. v. MedPets.com, Inc. Introduction In the landmark case of PetMed Express, Inc. v. MedPets.com, Inc.,...

De Novo Review for Legal Conclusions and Summary Judgment Standards under MPPAA: Trustees v. Wolf Crane Service

Date: Jun 26, 2004

De Novo Review for Legal Conclusions and Summary Judgment Standards under MPPAA: Trustees v. Wolf Crane Service Introduction The case of Trustees of the Central Pension Fund of the International...

Aggregation of Factual Allegations to Infer Scienter under the PSLRA: Insights from Rochelle Phillips et al. v. Scientific-Atlanta, Inc. et al.

Date: Jun 23, 2004

Aggregation of Factual Allegations to Infer Scienter under the PSLRA: Insights from Rochelle Phillips et al. v. Scientific-Atlanta, Inc. et al. Introduction The case of Rochelle Phillips, Kalford C....