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  • Commentaries
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11th Circuit Case Commentaries

Sweeting v. United States: Clarifying Standards for Sentence Enhancement under the Armed Career Criminal Act

Sweeting v. United States: Clarifying Standards for Sentence Enhancement under the Armed Career Criminal Act

Date: Jun 19, 1991
Sweeting v. United States: Clarifying Standards for Sentence Enhancement under the Armed Career Criminal Act Introduction In the landmark case of United States of America v. Anthony Leon Sweeting and...
Non-Innocent Ownership and Forfeiture under 21 U.S.C. § 881(a)(6): Spears v. United States

Non-Innocent Ownership and Forfeiture under 21 U.S.C. § 881(a)(6): Spears v. United States

Date: Jun 19, 1991
Non-Innocent Ownership and Forfeiture under 21 U.S.C. § 881(a)(6): Spears v. United States Introduction United States of America v. Gary G. Spears and George Curtis Spears is a landmark case...
Affirmation of Summary Judgment and Sanctioning in RICO Litigation: Avirgan and Honey v. Hull et al.

Affirmation of Summary Judgment and Sanctioning in RICO Litigation: Avirgan and Honey v. Hull et al.

Date: Jun 19, 1991
Affirmation of Summary Judgment and Sanctioning in RICO Litigation: Avirgan and Honey v. Hull et al. Introduction Avirgan and Honey v. Hull et al. is a landmark case adjudicated by the United States...
Monroe v. Thigpen: Safeguarding Due Process through the Expungement of Erroneous Prison Records

Monroe v. Thigpen: Safeguarding Due Process through the Expungement of Erroneous Prison Records

Date: Jun 11, 1991
Monroe v. Thigpen: Safeguarding Due Process through the Expungement of Erroneous Prison Records Introduction Monroe v. Thigpen, 932 F.2d 1437 (11th Cir. 1991), adjudicated by the United States Court...
Eleventh Circuit Establishes Right for Creditors to Recover Attorney’s Fees in Bankruptcy Dischargeability Proceedings

Eleventh Circuit Establishes Right for Creditors to Recover Attorney’s Fees in Bankruptcy Dischargeability Proceedings

Date: May 30, 1991
Eleventh Circuit Establishes Right for Creditors to Recover Attorney’s Fees in Bankruptcy Dischargeability Proceedings Introduction In the landmark case of TransSouth Financial Corporation of Florida...
Establishing Protectable Interest in Service Marks: Insights from Investacorp, Inc. v. Arabian Investment Banking Corporation

Establishing Protectable Interest in Service Marks: Insights from Investacorp, Inc. v. Arabian Investment Banking Corporation

Date: May 30, 1991
Establishing Protectable Interest in Service Marks: Insights from Investacorp, Inc. v. Arabian Investment Banking Corporation Introduction The case of Investacorp, Inc. v. Arabian Investment Banking...
Government Employees' Eligibility to Initiate Qui Tam Actions under the False Claims Act: Insights from Williams v. NEC

Government Employees' Eligibility to Initiate Qui Tam Actions under the False Claims Act: Insights from Williams v. NEC

Date: May 30, 1991
Government Employees' Eligibility to Initiate Qui Tam Actions under the False Claims Act: Insights from Williams v. NEC (931 F.2d 1493) Introduction In the landmark case of United States of America...
Intent and Personal Liability in Trademark Infringement: Chanel Inc. v. Italian Activewear of Florida, Inc.

Intent and Personal Liability in Trademark Infringement: Chanel Inc. v. Italian Activewear of Florida, Inc.

Date: May 25, 1991
Intent and Personal Liability in Trademark Infringement: Chanel, Inc. v. Italian Activewear of Florida, Inc. Introduction Chanel, Inc., a renowned luxury brand, filed a trademark infringement lawsuit...
Reversing Precedents: The Busby v. City of Orlando Decision and Its Implications on Civil Rights Litigation

Reversing Precedents: The Busby v. City of Orlando Decision and Its Implications on Civil Rights Litigation

Date: May 18, 1991
Reversing Precedents: The Busby v. City of Orlando Decision and Its Implications on Civil Rights Litigation Introduction Busby v. City of Orlando is a landmark case adjudicated by the United States...
Schaltenbrand Rehearing Establishes Broader Interpretation of Government Employee Conflict of Interest

Schaltenbrand Rehearing Establishes Broader Interpretation of Government Employee Conflict of Interest

Date: May 14, 1991
Schaltenbrand Rehearing Establishes Broader Interpretation of Government Employee Conflict of Interest Introduction The case of United States of America v. Eugene Donald Schaltenbrand (930 F.2d 1554)...
Equal Protection and Juvenile Sentencing: Penn v. Attorney General of Alabama

Equal Protection and Juvenile Sentencing: Penn v. Attorney General of Alabama

Date: May 7, 1991
Equal Protection and Juvenile Sentencing: Penn v. Attorney General of Alabama Introduction In the landmark case of Edward Eugene Penn v. Attorney General of the State of Alabama, the United States...
Magistrate Authority in Jury Selection: A Comprehensive Analysis of Diaz v. United States

Magistrate Authority in Jury Selection: A Comprehensive Analysis of Diaz v. United States

Date: May 7, 1991
Magistrate Authority in Jury Selection: A Comprehensive Analysis of Diaz v. United States Introduction Antonio Diaz v. United States of America, 930 F.2d 832 (11th Cir. 1991), is a significant...
Equitable Estoppel in ERISA Continuation Coverage: Hersh v. National Companies Health Benefit Plan

Equitable Estoppel in ERISA Continuation Coverage: Hersh v. National Companies Health Benefit Plan

Date: May 1, 1991
Equitable Estoppel in ERISA Continuation Coverage: Hersh v. National Companies Health Benefit Plan Introduction Hersh v. National Companies Health Benefit Plan is a pivotal decision by the United...
Sofarelli v. Pinellas County: Advancing Racial Considerations in Fair Housing Act Claims

Sofarelli v. Pinellas County: Advancing Racial Considerations in Fair Housing Act Claims

Date: Apr 30, 1991
Sofarelli v. Pinellas County: Advancing Racial Considerations in Fair Housing Act Claims Introduction Sofarelli v. Pinellas County, 931 F.2d 718 (11th Cir. 1991), is a pivotal decision by the United...
Municipal Liability Under Section 1983: Insights from Manor Healthcare Corp. v. Lomelo

Municipal Liability Under Section 1983: Insights from Manor Healthcare Corp. v. Lomelo

Date: Apr 26, 1991
Municipal Liability Under Section 1983: Insights from Manor Healthcare Corp. v. Lomelo Introduction Manor Healthcare Corp., a Delaware corporation engaged in operating nursing homes, initiated a...
Revisiting 'Law of the Case': Eleventh Circuit Clarifies Its Scope in Abstention Doctrine

Revisiting 'Law of the Case': Eleventh Circuit Clarifies Its Scope in Abstention Doctrine

Date: Apr 24, 1991
Revisiting 'Law of the Case': Eleventh Circuit Clarifies Its Scope in Abstention Doctrine Introduction In the landmark case Horace Luckey III, et al. v. Zell Miller, Governor, et al., decided by the...
Affirmation of Conspiracy Convictions in United States v. Camejo et al. Establishes Rigorous Standards for Evidence Sufficiency and Admissibility

Affirmation of Conspiracy Convictions in United States v. Camejo et al. Establishes Rigorous Standards for Evidence Sufficiency and Admissibility

Date: Apr 23, 1991
Affirmation of Conspiracy Convictions in United States v. Camejo et al. Establishes Rigorous Standards for Evidence Sufficiency and Admissibility Introduction United States of America v. Ovidio...
Proper Application of Celotex in Summary Judgment: Lessons from Clark v. Coats Clark, Inc.

Proper Application of Celotex in Summary Judgment: Lessons from Clark v. Coats Clark, Inc.

Date: Apr 20, 1991
Proper Application of Celotex in Summary Judgment: Lessons from Clark v. Coats Clark, Inc. Introduction In Clark v. Coats Clark, Inc., the United States Court of Appeals for the Eleventh Circuit...
Obligation to Grant Leave to Amend under Fed. R. Civ. P. 12(b)(6): Eleventh Circuit Reinforces Plaintiff Protections in Securities Fraud Actions

Obligation to Grant Leave to Amend under Fed. R. Civ. P. 12(b)(6): Eleventh Circuit Reinforces Plaintiff Protections in Securities Fraud Actions

Date: Apr 19, 1991
Obligation to Grant Leave to Amend under Fed. R. Civ. P. 12(b)(6): Eleventh Circuit Reinforces Plaintiff Protections in Securities Fraud Actions Introduction In the landmark case Richard and Jane...
Establishing the Boundaries of Consent in Vehicle Searches: The Harris Decision

Establishing the Boundaries of Consent in Vehicle Searches: The Harris Decision

Date: Apr 19, 1991
Establishing the Boundaries of Consent in Vehicle Searches: The Harris Decision Introduction The case of United States of America v. Reginald Bernard Harris (928 F.2d 1113) adjudicated by the United...
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