11th Circuit Case Commentaries

Amount in Controversy Requirement for Declaratory Judgment Actions: Insights from Federated Mutual Insurance Co. v. McKinnon Motors, LLC

Date: Apr 29, 2003

Amount in Controversy Requirement for Declaratory Judgment Actions: Insights from Federated Mutual Insurance Co. v. McKinnon Motors, LLC Introduction The case of Federated Mutual Insurance Company v....

Exhaustion of Administrative Remedies in Habeas Corpus: Eleventh Circuit's Decision in Sundar v. INS

Date: Apr 26, 2003

Exhaustion of Administrative Remedies in Habeas Corpus: Eleventh Circuit's Decision in Sundar v. INS Introduction The case of Harpersad Sundar v. Immigration and Naturalization Service (INS),...

Trademark Descriptiveness and Secondary Meaning: Eleventh Circuit Upholds Summary Judgment in Kids Golf v. Golf Channel

Date: Apr 25, 2003

Trademark Descriptiveness and Secondary Meaning: Eleventh Circuit Upholds Summary Judgment in Kids Golf v. Golf Channel Introduction The case of Gift of Learning Foundation, Inc., d.b.a. Kids Golf...

Setting Aside Default Judgments: Application of Fed.R.Civ.P. 60(b)(1) and Waiver of Rule 60(b)(4) in the Eleventh Circuit

Date: Apr 23, 2003

Setting Aside Default Judgments: Application of Fed.R.Civ.P. 60(b)(1) and Waiver of Rule 60(b)(4) in the Eleventh Circuit Introduction The case of In Re: WORLDWIDE WEB SYSTEMS, INC., d.b.a. Teleware...

Damages for Illegal Strikes Under the Railway Labor Act: Insights from CSX Transportation, Inc. v. BMWE

Date: Apr 22, 2003

Damages for Illegal Strikes Under the Railway Labor Act: Insights from CSX Transportation, Inc. v. Brotherhood of Maintenance of Way Employees (BMWE) Introduction In the landmark case of CSX...

Eleventh Circuit Affirms Denial of Withholding of Removal and Validates BIA's Summary Affirmance in Mendoza v. U.S. Attorney General

Date: Apr 17, 2003

Eleventh Circuit Affirms Denial of Withholding of Removal and Validates BIA's Summary Affirmance in Mendoza v. U.S. Attorney General Introduction The case of Sergio Leonel Mendoza v. U.S. Attorney...

Savings Clause Limitations in Habeas Corpus Petitions: Insights from Sawyer v. Holder

Date: Apr 15, 2003

Savings Clause Limitations in Habeas Corpus Petitions: Insights from Sawyer v. Holder Introduction James Sawyer, the petitioner-appellant, challenged his federal convictions and subsequent sentencing...

Clarifying the Gatekeeper Role: Expert Testimony Admittance under Daubert in Quiet Technology DC-8, Inc. v. Hurel-Dubois UK Ltd.

Date: Apr 12, 2003

Clarifying the Gatekeeper Role: Expert Testimony Admittance under Daubert in Quiet Technology DC-8, Inc. v. Hurel-Dubois UK Ltd. Introduction The case of Quiet Technology DC-8, Inc. v. Hurel-Dubois...

Eleventh Circuit Clarifies Qualified Immunity for Correctional Officers in Constitutional Violation Cases

Date: Apr 12, 2003

Eleventh Circuit Clarifies Qualified Immunity for Correctional Officers in Constitutional Violation Cases Introduction The United States Court of Appeals for the Eleventh Circuit delivered a pivotal...

Qualified Immunity Affirmed for Law Enforcement Officers in Lumley v. City of Dade City

Date: Apr 11, 2003

Qualified Immunity Affirmed for Law Enforcement Officers in Lumley v. City of Dade City Introduction The case John Wayne Lumley v. City of Dade City, decided on April 10, 2003, by the United States...

Res Judicata in ADA and Contract Claims: Insights from Davila v. Delta Air Lines

Date: Apr 4, 2003

Res Judicata in ADA and Contract Claims: Insights from Davila v. Delta Air Lines Introduction The case of Manuel Davila v. Delta Air Lines, Inc., adjudicated by the United States Court of Appeals for...

Jurisdiction of District Courts Over Post-Appeal Motions Under Fed.R.Civ.P. 60(b) and Rule 11

Date: Apr 3, 2003

Jurisdiction of District Courts Over Post-Appeal Motions Under Fed.R.Civ.P. 60(b) and Rule 11 Introduction In the case of Thomas James Mahone v. Walter S. Ray, Chairman, Board of Pardons and Paroles,...

Affirmation of Dismissal and Summary Judgment in Iraola CIA v. Kimberly-Clark Corp: Key Legal Principles and Implications

Date: Apr 1, 2003

Affirmation of Dismissal and Summary Judgment in Iraola CIA v. Kimberly-Clark Corp.: Key Legal Principles and Implications Introduction The case IRAOLA CIA, S.A. v. KIMBERLY-CLARK CORPoration (325...

Affirming the Enforceability of Fee-Shifting Arbitration Agreements in Employment Discrimination Cases: Musnick v. King Motor Company

Date: Mar 29, 2003

Affirming the Enforceability of Fee-Shifting Arbitration Agreements in Employment Discrimination Cases: Musnick v. King Motor Company Introduction In the landmark case of Russell Musnick v. King...

Final Judgment Determination in Appellate Jurisdiction: Insights from SEC v. Bosque Puerto Carrillo

Date: Mar 29, 2003

Final Judgment Determination in Appellate Jurisdiction: Insights from SEC v. Bosque Puerto Carrillo Introduction The case of United States Securities and Exchange Commission (SEC) v. Bosque Puerto...

Qualified Immunity Affirmed for Supervisory Officials in Gonzalez v. Reno

Date: Mar 26, 2003

Qualified Immunity Affirmed for Supervisory Officials in Gonzalez v. Reno Introduction Gonzalez v. Reno, 325 F.3d 1228 (11th Cir. 2003), is a pivotal case from the United States Court of Appeals for...

Effectiveness of Harassment Policies in Constructive Notice: Watson v. Blue Circle, Inc.

Date: Mar 22, 2003

Effectiveness of Harassment Policies in Constructive Notice: Watson v. Blue Circle, Inc. Introduction Watson v. Blue Circle, Inc., 324 F.3d 1252 (11th Cir. 2003), is a pivotal case addressing...

Final Agency Action Standards Clarified in NPS Stiltsville Decision

Date: Mar 19, 2003

Final Agency Action Standards Clarified in NPS Stiltsville Decision Introduction The case of National Parks Conservation Association, Tropical Audubon Society, Plaintiffs-Appellants, v. Gail Norton,...

United States v. Hunter: Clarifying Accountability for Losses in Conspiracies under U.S.S.G. § 1B1.3

Date: Mar 18, 2003

United States v. Hunter: Clarifying Accountability for Losses in Conspiracies under U.S.S.G. § 1B1.3 Introduction The case United States of America v. Lisa Hunter, Katina Summerset, and Reddick...

Indefinite Leave as Reasonable Accommodation: Insights from Wood v. Green

Date: Mar 14, 2003

Indefinite Leave as Reasonable Accommodation: Insights from Wood v. Green Introduction The case of Mark Wood v. Charlie Green, adjudicated by the United States Court of Appeals for the Eleventh...