11th Circuit Case Commentaries

Discrimination Under ADA: Cleveland v. Home Shopping Network

Date: May 12, 2004

Discrimination Under ADA: Comprehensive Commentary on Cleveland v. Home Shopping Network Introduction Alice T. Cleveland v. Home Shopping Network, Inc. is a pivotal case adjudicated by the United...

Functionality Doctrine Reaffirmed in Trade Dress Infringement: Dippin' Dots, Inc. v. Frosty Bites Distribution, LLC

Date: May 12, 2004

Functionality Doctrine Reaffirmed in Trade Dress Infringement: Dippin' Dots, Inc. v. Frosty Bites Distribution, LLC Introduction In the appellate case Dippin' Dots, Inc. v. Frosty Bites Distribution,...

Enhanced Sentencing and Defense Evidence Standards under 18 U.S.C. § 1920: Insights from Hurn v. United States

Date: May 8, 2004

Enhanced Sentencing and Defense Evidence Standards under 18 U.S.C. § 1920: Insights from Hurn v. United States Introduction Hurn v. United States (368 F.3d 1359) is a pivotal case adjudicated by the...

Limitations on Colorado River Abstention in Parallel Federal and State Litigation: Ambrosia Coal and Construction Co. v. nia Corporation

Date: May 7, 2004

Limitations on Colorado River Abstention in Parallel Federal and State Litigation Ambrosia Coal and Construction Co. v. nia Corporation, 368 F.3d 1320 (11th Cir. 2004) Introduction The case of...

Butcher v. United States: Refining Prejudice Analysis in §2255 Ineffective Assistance Claims

Date: May 6, 2004

Butcher v. United States: Refining Prejudice Analysis in §2255 Ineffective Assistance Claims Introduction In the landmark case of Holly W. Butcher and John T. Renick v. United States of America,...

Establishing Indirect Communication Standards Under 18 U.S.C. §2422(b): Insights from United States v. Murrell

Date: May 5, 2004

Establishing Indirect Communication Standards Under 18 U.S.C. §2422(b): Insights from United States v. Murrell Introduction United States v. Anthony F. Murrell, 368 F.3d 1283 (11th Cir. 2004),...

Admissibility of Handwriting and Competency Testimony under Federal Rules of Evidence: Odessa Dee Hall v. United Insurance Company of America

Date: May 1, 2004

Admissibility of Handwriting and Competency Testimony under Federal Rules of Evidence: Odessa Dee Hall v. United Insurance Company of America 1. Introduction In the appellate case of Odessa Dee Hall...

Conditional Withdrawal of Adversary Proceedings from Bankruptcy Court: An Analysis of Holmes v. Grubman

Date: Apr 30, 2004

Conditional Withdrawal of Adversary Proceedings from Bankruptcy Court: An Analysis of Holmes v. Grubman Introduction In the landmark case of Holmes v. Grubman, heard in the United States District...

Eleventh Circuit Reaffirms Employer Liability Standards in Title VII Sexual Harassment Cases

Date: Apr 28, 2004

Eleventh Circuit Reaffirms Employer Liability Standards in Title VII Sexual Harassment Cases Introduction In the landmark case Belinda Hulsey v. Pride Restaurants, LLC d.b.a. Burger King, the United...

Aurelio Gonzalez v. Secretary for the Department of Corrections: Establishing the Certificate of Appealability Requirement for Rule 60(b) Motions in Habeas Cases

Date: Apr 27, 2004

Aurelio Gonzalez v. Secretary for the Department of Corrections: Establishing the Certificate of Appealability Requirement for Rule 60(b) Motions in Habeas Cases Introduction The case of Aurelio O....

Eleventh Circuit Grants Stay Pending Interlocutory Appeal in Arbitration Motion Denial

Date: Apr 27, 2004

Eleventh Circuit Grants Stay Pending Interlocutory Appeal in Arbitration Motion Denial Introduction In the landmark case of Blinco v. Green Tree Servicing, LLC, the United States Court of Appeals for...

Standards for Ineffective Assistance Claims and Expert Witness Access in Capital Cases: A Comprehensive Analysis of Conklin v. Schofield

Date: Apr 22, 2004

Standards for Ineffective Assistance Claims and Expert Witness Access in Capital Cases: A Comprehensive Analysis of Conklin v. Schofield Introduction Conklin v. Schofield (366 F.3d 1191), adjudicated...

Equal Treatment Under RLUIPA: Surfside's Zoning Ordinance Violates Religious Land Use Protections

Date: Apr 22, 2004

Equal Treatment Under RLUIPA: Surfside's Zoning Ordinance Violates Religious Land Use Protections 1. Introduction The case of Midrash Sephardi, Inc., Young Israel of Bal Harbor, Inc. v. Town of...

Dodd v. United States: Timeliness of § 2255 Petitions for Newly Recognized Rights

Date: Apr 17, 2004

Dodd v. United States: Timeliness of § 2255 Petitions for Newly Recognized Rights Introduction Overview of the Case The case of Michael Donald Dodd v. United States of America addresses a critical...

Judicial Estoppel in Bankruptcy Trustee Actions: Reynolds v. Wendy's International

Date: Apr 16, 2004

Bankruptcy Trustee Actions and Judicial Estoppel: Reynolds v. Wendy's International Introduction Reynolds v. Wendy's International, Inc. is a pivotal case adjudicated by the United States Court of...

Fugitive Disentitlement Doctrine Reinforced in Lynn v. United States

Date: Apr 15, 2004

Fugitive Disentitlement Doctrine Reinforced in Lynn v. United States Introduction Richard LYNN v. UNITED STATES of America is a pivotal case decided by the United States Court of Appeals for the...

Reinforcement of the Filed Rate Doctrine in Telecommunications: Hill v. BellSouth Telecommunications, Inc.

Date: Apr 3, 2004

Reinforcement of the Filed Rate Doctrine in Telecommunications: Hill v. BellSouth Telecommunications, Inc. Introduction The case of Priscilla Hill, on behalf of herself and all others similarly...

Eleventh Circuit Clarifies Statute of Limitations and Federal Preemption in Tobacco Wrongful Death Case

Date: Mar 30, 2004

Eleventh Circuit Clarifies Statute of Limitations and Federal Preemption in Tobacco Wrongful Death Case Introduction In the landmark case of Paul L. SPAIN v. BROWN WILLIAMSON TOBACCO CORPoration et...

Maintaining Sentential Integrity: Eleventh Circuit Affirms Rule 36 for Clerical Corrections Without Defendant Presence

Date: Mar 27, 2004

Maintaining Sentential Integrity: Eleventh Circuit Affirms Rule 36 for Clerical Corrections Without Defendant Presence Introduction In the case of UNITED STATES of America v. Byron Leonel Portillo,...

Substantial Evidence Upholds ALJ's Discrediting of Inconsistent Medical Opinions in Disability Claims

Date: Mar 27, 2004

Substantial Evidence Upholds ALJ's Discrediting of Inconsistent Medical Opinions in Disability Claims Introduction Billy D. Crawford, a 53-year-old male with a ministerial college education, filed an...