11th Circuit Case Commentaries

Heightened Arbitrary and Capricious Review in ERISA Claims: Insights from Williams v. BellSouth Telecommunications

Date: Jun 17, 2004

Heightened Arbitrary and Capricious Review in ERISA Claims: Insights from Williams v. BellSouth Telecommunications Introduction Marcia Williams v. BellSouth Telecommunications, Inc. (373 F.3d 1132)...

Limitations on Ineffective Assistance Claims in §2255 Petitions: Analysis of Black v. United States

Date: Jun 17, 2004

Limitations on Ineffective Assistance Claims in §2255 Petitions: Analysis of Black v. United States Introduction The case Randy Lamar Black v. United States of America, 373 F.3d 1140 (11th Cir. 2004)...

Affirmation of Dismissal in Jackson v. BellSouth Telecommunications: Reinforcing Standards for RICO and Section 1981 Claims

Date: Jun 15, 2004

Affirmation of Dismissal in Jackson v. BellSouth Telecommunications: Reinforcing Standards for RICO and Section 1981 Claims Introduction The case of Sandra Jackson et al. v. BellSouth...

Establishing U.S. Base of Operations for Maritime Jurisdiction: Williams v. Cruise Ships Catering International

Date: Jun 10, 2004

Establishing U.S. Base of Operations for Maritime Jurisdiction: Williams v. Cruise Ships Catering International Introduction Case: Enrique Williams, Plaintiff, v. Cruise Ships Catering and Service...

Intake Questionnaire Does Not Constitute an EEOC Charge Under the ADEA: Analysis of Bost v. Federal Express Corp.

Date: Jun 9, 2004

Intake Questionnaire Does Not Constitute an EEOC Charge Under the ADEA: Analysis of Bost v. Federal Express Corp. Introduction The case of Anthony W. Bost, individually and on behalf of others...

Mootness and Vested Rights in Sign Ordinance Challenges: Coral Springs Street Systems, Inc. v. City of Sunrise

Date: Jun 8, 2004

Mootness and Vested Rights in Sign Ordinance Challenges: Coral Springs Street Systems, Inc. v. City of Sunrise Introduction In the appellate case of Coral Springs Street Systems, Inc. v. City of...

Limitation to Specific Occupational Roles Not Constituting Disability Under ADA: Rossbach v. City of Miami

Date: Jun 8, 2004

Limitation to Specific Occupational Roles Not Constituting Disability Under ADA: Rossbach v. City of Miami Introduction The case of Rossbach et al. v. City of Miami, adjudicated by the United States...

Enforceability of Anti-Assignment Clauses in ERISA Plans: PMG v. Horton Homes

Date: Jun 4, 2004

Enforceability of Anti-Assignment Clauses in ERISA Plans: PMG v. Horton Homes Introduction In the case of Physicians Multispecialty Group (PMG) v. The Health Care Plan of Horton Homes, Inc., the...

Res Judicata Scope Limited by Settlement Terms: Norfolk Southern v. Chevron

Date: Jun 4, 2004

Res Judicata Scope Limited by Settlement Terms: Norfolk Southern Corporation v. Chevron, U.S.A., Inc. Introduction In Norfolk Southern Corporation v. Chevron, U.S.A., Inc., 371 F.3d 1285 (11th Cir....

Eleventh Circuit Sets Precedent on Right of Plaintiffs to Intervene in ADEA Class Actions After Decertification

Date: Jun 4, 2004

Eleventh Circuit Sets Precedent on Right of Plaintiffs to Intervene in ADEA Class Actions After Decertification Introduction The case of Arlene M. Stone, et al. v. First Union Corporation addressed...

Discretionary Nature of Liquidated Damages under the Wiretap Act Established

Date: May 29, 2004

Discretionary Nature of Liquidated Damages under the Wiretap Act Established Introduction The case of DIRECTV, Inc. v. Michael Brown (371 F.3d 814) adjudicated by the United States Court of Appeals...

Affirming Student Free Speech and Establishment Clause Rights in Public Schools

Date: May 29, 2004

Affirming Student Free Speech and Establishment Clause Rights in Public Schools Introduction In the landmark case of Michael Holloman, Jr. v. George Harland, Fawn Allred (2004), the United States...

Dual Applicability of 28 U.S.C. §§2241 and 2254 in Habeas Corpus: The THOMAS v. Crosby Decision

Date: May 27, 2004

Dual Applicability of 28 U.S.C. §§2241 and 2254 in Habeas Corpus: The THOMAS v. Crosby Decision Introduction In the landmark case of James Dwight Thomas v. James Crosby, Secretary for the Department...

Denial of Default Judgment Due to Insufficient Cause of Action in Products Liability Case

Date: May 21, 2004

Denial of Default Judgment Due to Insufficient Cause of Action in Products Liability Case Introduction The case of Laurie Ann Pitts v. Seneca Sports, Inc. revolves around a products liability claim...

Enforcing Federal Communication Statutes: DIRECTV v. Huynh Sets New Precedent on Unauthorized Satellite Signal Access

Date: May 20, 2004

Enforcing Federal Communication Statutes: DIRECTV v. Huynh Sets New Precedent on Unauthorized Satellite Signal Access Introduction In the case of DIRECTV, Inc. v. James Huynh, adjudicated in the...

Expanding ERISA Remedies: Upholding Section 502(a)(3) Claims for Breach of Fiduciary Duty

Date: May 19, 2004

Expanding ERISA Remedies: Upholding Section 502(a)(3) Claims for Breach of Fiduciary Duty Introduction In the landmark case of Gerald W. Jones et al. v. American General Life and Accident Insurance...

Affirmation of Qualified Immunity in Traffic Stop and Use of Force Case

Date: May 18, 2004

Affirmation of Qualified Immunity in Traffic Stop and Use of Force Case Introduction Stacy Allen Draper, the plaintiff-appellant, initiated legal action against Clinton D. Reynolds, a deputy sheriff...

Affirmation of Conviction in United States v. Polar: Establishing Clarity on 18 U.S.C. § 1546(a)

Date: May 14, 2004

Affirmation of Conviction in United States v. Polar: Establishing Clarity on 18 U.S.C. § 1546(a) Introduction In the landmark case of United States of America v. Luis Enrique Polar, the United States...

Enhancing Standards for Constructive Possession and Co-Conspirator Liability in Drug Conspiracy Cases: United States v. Gunn et al.

Date: May 13, 2004

Enhancing Standards for Constructive Possession and Co-Conspirator Liability in Drug Conspiracy Cases: United States v. Gunn et al. Introduction The case of United States of America v. Manuel Gunn,...

Reyes-Sanchez v. U.S. Attorney General: Clarifying the Scope of Acquiescence under the Convention Against Torture

Date: May 13, 2004

Reyes-Sanchez v. U.S. Attorney General: Clarifying the Scope of Acquiescence under the Convention Against Torture Introduction In the landmark case of Roberto Domingo Reyes-Sanchez v. United States...