11th Circuit Case Commentaries

Supplemental Jurisdiction in Class Actions: Overruling Zahn in Allapattah Services, Inc. v. Exxon Corp.

Date: Jun 12, 2003

Supplemental Jurisdiction in Class Actions: Overruling Zahn in Allapattah Services, Inc. v. Exxon Corp. Introduction Allapattah Services, Incorporated, et al. v. Exxon Corporation is a pivotal case...

Affirmation of Reasonable Force and Probable Cause in Arrests – McCormick v. City of Fort Lauderdale

Date: Jun 12, 2003

Affirmation of Reasonable Force and Probable Cause in Arrests – McCormick v. City of Fort Lauderdale Introduction Anthony McCormick, the plaintiff-appellant, initiated a lawsuit against the City of...

Eleventh Circuit Establishes Strong Precedent Against Race-Based Employment Discrimination in Public Institutions

Date: Jun 7, 2003

Eleventh Circuit Establishes Strong Precedent Against Race-Based Employment Discrimination in Public Institutions Introduction In the landmark case of Janet Bogle, Sherri Bowers, et al. v. William...

Limitations on Entry Exceptions for Legalization Applicants: Assa'ad v. U.S. Attorney General

Date: Jun 6, 2003

Limitations on Entry Exceptions for Legalization Applicants: Assa'ad v. U.S. Attorney General Introduction Assa'ad v. United States Attorney General is a pivotal case adjudicated by the United States...

Amendment 599: Prohibiting Double Counting in Firearm-Related Sentencing Enhancements

Date: Jun 6, 2003

Amendment 599: Prohibiting Double Counting in Firearm-Related Sentencing Enhancements Introduction In the appellate case of United States v. Don Newcombe Brown, 332 F.3d 1341 (11th Cir. 2003), the...

Affirmation of Guilty Plea Procedures and Sentencing Enhancements in Conspiracy Cases: United States v. Freixas

Date: Jun 4, 2003

Affirmation of Guilty Plea Procedures and Sentencing Enhancements in Conspiracy Cases: United States v. Freixas Introduction In the landmark case of United States of America v. Dolores Freixas, the...

Reversing District Court's Rule 11 Sanctions: Insights from Kaplan v. DaimlerChrysler

Date: May 31, 2003

Reversing District Court's Rule 11 Sanctions: Insights from Kaplan v. DaimlerChrysler Introduction The case of Elwood I. Kaplan, Norma Kaplan, Plaintiffs-Appellees v. DaimlerChrysler, A.G. and...

Severability and Amending Ordinances: Upholding Warner Robins' Regulations on Adult Entertainment and Alcohol Sales

Date: May 29, 2003

Severability and Amending Ordinances: Upholding Warner Robins' Regulations on Adult Entertainment and Alcohol Sales Introduction The case of Artistic Entertainment, Inc. v. City of Warner Robins...

Restricting Case Removal Under FSHCAA: Allen v. Christenberry and Godfree

Date: May 29, 2003

Restricting Case Removal Under FSHCAA: Allen v. Christenberry and Godfree Introduction In Allen v. Christenberry and Godfree, the United States Court of Appeals for the Eleventh Circuit addressed the...

Eleventh Circuit Affirming Retroactive Application of ATKINS v. VIRGINIA for Successive Habeas Corpus Petitions

Date: May 27, 2003

Eleventh Circuit Affirming Retroactive Application of ATKINS v. VIRGINIA for Successive Habeas Corpus Petitions Introduction The case of In Re: Glenn Holladay, Petitioner (331 F.3d 1169) addressed a...

Standing in Federal Court: The Affirmation of Thomas J. Kelly v. Katherine Harris

Date: May 23, 2003

Standing in Federal Court: The Affirmation of Thomas J. Kelly v. Katherine Harris Introduction In the landmark case Thomas J. Kelly v. Katherine Harris, decided by the United States Court of Appeals...

Res Judicata on Confirmed Chapter 13 Plans and Secured Mortgage Claims: Uni American Mortgage Co. v. Bateman

Date: May 23, 2003

Res Judicata on Confirmed Chapter 13 Plans and Secured Mortgage Claims: Uni American Mortgage Co. v. Bateman Introduction In the appellate case Universal American Mortgage Company v. Carmen Bateman,...

Restricting Successive §2255 Motions under AEDPA: Insights from Farris v. United States

Date: May 22, 2003

Restricting Successive §2255 Motions under AEDPA: Insights from Farris v. United States Introduction In J.B. Farris v. United States, 333 F.3d 1211 (11th Cir. 2003), the United States Court of...

Felony Murder Instruction Omission Deemed Harmless and Counsel's Effectiveness Affirmed in Norman Parker's Habeas Petition

Date: May 21, 2003

Felony Murder Instruction Omission Deemed Harmless and Counsel's Effectiveness Affirmed in Norman Parker's Habeas Petition Introduction The case of Norman Parker v. Secretary for the Department of...

Quinn v. Monroe County: Clarifying 'Decisionmaker' and Collateral Estoppel in §1983 First Amendment Retaliation Claims

Date: May 20, 2003

Quinn v. Monroe County: Clarifying 'Decisionmaker' and Collateral Estoppel in §1983 First Amendment Retaliation Claims Introduction Mary Quinn, the Plaintiff-Appellant, brought forth a lawsuit...

Affirmation of Prima Facie Standards in Title VII Racial Discrimination Claims: Knight v. Baptist Hospital

Date: May 15, 2003

Affirmation of Prima Facie Standards in Title VII Racial Discrimination Claims: Knight v. Baptist Hospital Introduction The case of Alma Knight v. Baptist Hospital of Miami, Inc. ([330 F.3d...

Reversal of Disability Benefits Denial in Coleman v. Barnhart Establishes Critical Precedents in Residual Functional Capacity Assessments

Date: May 10, 2003

Reversal of Disability Benefits Denial in Coleman v. Barnhart Establishes Critical Precedents in Residual Functional Capacity Assessments Introduction In the landmark case of Andretta White Coleman...

Automobile Exception Clarified: Mobility and Probable Cause Sufficient for Warrantless Searches

Date: May 9, 2003

Automobile Exception Clarified: Mobility and Probable Cause Sufficient for Warrantless Searches Introduction In the case of United States of America v. Steven Watts, reported as 329 F.3d 1282, the...

Comprehensive Commentary on 31 Foster Children v. S and All Other Children in Florida Foster Care

Date: May 9, 2003

Impact of Standing and Younger Abstention in Foster Care Litigation: Analysis of 31 Foster Children v. S and All Other Children in Florida Foster Care Introduction The case of 31 Foster Children v. S...

Strict Standards for Substantive Due Process Violations in §1983 Claims: Analysis of Waddell v. Hendry County Sheriff’s Office

Date: May 9, 2003

Strict Standards for Substantive Due Process Violations in §1983 Claims: Analysis of Waddell v. Hendry County Sheriff's Office Introduction The case of Larry Norman Waddell, as Personal...