11th Circuit Case Commentaries

Affirmation of Procedural Default in Habeas Corpus: ZEIGLER v. STATE

Date: Sep 20, 2003

Affirmation of Procedural Default in Habeas Corpus: ZEIGLER v. STATE Introduction William Thomas Zeigler, Jr., Petitioner-Appellant, appeals the denial of his habeas corpus petition by the United...

Greenbriar Village v. Mountain Brook: Clarifying Due Process in Municipal Land Disturbance Permits

Date: Sep 19, 2003

Greenbriar Village v. Mountain Brook: Clarifying Due Process in Municipal Land Disturbance Permits Introduction Greenbriar Village, L.L.C. v. Mountain Brook, City is a pivotal case adjudicated by the...

Post-Deprivation Notice in Emergency Evictions: Grayden v. Rhodes Establishes Contemporaneous Notice Requirement

Date: Sep 18, 2003

Post-Deprivation Notice in Emergency Evictions: Grayden v. Rhodes Establishes Contemporaneous Notice Requirement Introduction Grayden v. Rhodes, 345 F.3d 1225 (11th Cir. 2003), is a landmark decision...

Clarifying Medicare Secondary Payer Obligations: United States v. Baxter International

Date: Sep 16, 2003

Clarifying Medicare Secondary Payer Obligations: United States v. Baxter International Introduction In United States v. Baxter International, Incorporated, 345 F.3d 866 (11th Cir. 2003), the United...

Waiver of Eleventh Amendment Immunity Under Section 504 of the Rehabilitation Act: Analysis of GARRETT v. UNIVERSITY OF ALABAMA at Birmingham Trustees

Date: Sep 12, 2003

Waiver of Eleventh Amendment Immunity Under Section 504 of the Rehabilitation Act: Analysis of GARRETT v. UNIVERSITY OF ALABAMA at Birmingham Trustees Introduction The case of Patricia Garrett, et...

Eleventh Circuit Establishes State Action Standards in § 1983 Claims in Focus on the Family v. PSTA

Date: Sep 10, 2003

Eleventh Circuit Establishes State Action Standards in § 1983 Claims in Focus on the Family v. PSTA Introduction Focus on the Family, an evangelical organization, brought a lawsuit against the...

Establishing Administrative Finality: Coleman v. Director, OWCP

Date: Sep 10, 2003

Establishing Administrative Finality: Coleman v. Director, OWCP Introduction Annie Coleman v. Director, OWCP, 345 F.3d 861 (11th Cir. 2003), is a pivotal case adjudicated by the United States Court...

Establishing Individual Liability under the ADA's Anti-Retaliation Provision: Shotz v. City of Plantation

Date: Sep 9, 2003

Establishing Individual Liability under the ADA's Anti-Retaliation Provision: Shotz v. City of Plantation Introduction In the landmark case Frederick A. Shotz v. City of Plantation, Florida, 344 F.3d...

Qualified Immunity and Fourth Amendment Seizure Defined in VAUGHAN v. COX

Date: Aug 30, 2003

Qualified Immunity and Fourth Amendment Seizure Defined in VAUGHAN v. COX Introduction Jerry Charges Vaughan v. Fred Lawrence Cox is a pivotal case decided by the United States Court of Appeals for...

Mistake of Law Invalidates Traffic Stop: United States v. Chanthasouxat

Date: Aug 23, 2003

Mistake of Law Invalidates Traffic Stop: United States v. Chanthasouxat (11th Cir. 2003) Introduction In the case of United States v. Chanthasouxat and Xayasane, the United States Court of Appeals...

Eleventh Amendment Immunity and Title VII Discrimination: Comprehensive Analysis of Maynard v. Board of Regents

Date: Aug 23, 2003

Eleventh Amendment Immunity and Title VII Discrimination: Comprehensive Analysis of Maynard v. Board of Regents Introduction Donald Maynard v. Board of Regents of the Division of Universities of the...

Appellate Jurisdiction Over Magistrate Judge Decisions: Insights from United States v. Brown (11th Cir. 2003)

Date: Aug 22, 2003

Appellate Jurisdiction Over Magistrate Judge Decisions: Insights from United States v. Brown (11th Cir. 2003) 1. Introduction United States v. Jacqueline Panseta Brown is a pivotal case decided by...

Eleventh Circuit Rules Florida Whistleblower Act Not Pre-empted by Airline Deregulation Act in Branche v. Airtran

Date: Aug 22, 2003

Eleventh Circuit Rules Florida Whistleblower Act Not Pre-empted by Airline Deregulation Act in Branche v. Airtran Introduction In Branche v. Airtran Airways, Inc., the United States Court of Appeals...

Reinstatement of Fees-Paid RICO Claims and Clarification on §1985 Conspiracy Claims Involving Attorneys: Farese v. Scherer et al.

Date: Aug 20, 2003

Reinstatement of Fees-Paid RICO Claims and Clarification on §1985 Conspiracy Claims Involving Attorneys: Farese v. Scherer et al. Introduction The case of Thomas R. Farese v. Kenneth J. Scherer,...

Reaffirming Absolute Immunity for Litigation Conduct in Civil Fraud and RICO Claims: Green Leaf Nursery v. E.I. DuPont de Nemours and Company

Date: Aug 16, 2003

Reaffirming Absolute Immunity for Litigation Conduct in Civil Fraud and RICO Claims: Green Leaf Nursery v. E.I. DuPont de Nemours and Company Introduction The case of Green Leaf Nursery, Inc., Gus...

EAGLE v. LINAHAN: Redefining Prejudice Analysis in Batson Preservation for Appellate Review

Date: Aug 16, 2003

EAGLE v. LINAHAN: Redefining Prejudice Analysis in Batson Preservation for Appellate Review Introduction The case of Joseph H. Davis, Jr. v. Secretary for the Department of Corrections, James Crosby...

Eleventh Circuit Upholds Admissibility of Prior Firearm Convictions Under Federal Evidence Rules in Felon in Possession Cases

Date: Aug 16, 2003

Eleventh Circuit Upholds Admissibility of Prior Firearm Convictions Under Federal Evidence Rules in Felon in Possession Cases Introduction In the case of United States of America v. Randy Jernigan...

Qualified Immunity Affirmed in Employment Discrimination Case

Date: Aug 15, 2003

Qualified Immunity Affirmed in Employment Discrimination Case Introduction The case of George A. Williams, Michael A. Perryman, et al. v. Consolidated City of Jacksonville, Rayfield Alfred, Fire...

Exum Walker v. Crosby: Unified Statute of Limitations for Habeas Applications Under AEDPA

Date: Aug 14, 2003

Exum Walker v. Crosby: Unified Statute of Limitations for Habeas Applications Under AEDPA Introduction Exum Walker, the petitioner-appellant, challenged the dismissal of his habeas corpus application...

Sanctions for Fraudulent Claims: Reasonable Reliance on International Counsel Established

Date: Aug 13, 2003

Sanctions for Fraudulent Claims: Reasonable Reliance on International Counsel Established Introduction The case of Schwartz, Sr. and Musslewhite v. Millon Air, Inc. (341 F.3d 1220) presents a...