11th Circuit Case Commentaries

No Implied Private Right of Action Under the Air Carrier Access Act: Love v. Delta Air Lines

Date: Nov 1, 2002

No Implied Private Right of Action Under the Air Carrier Access Act: Love v. Delta Air Lines Introduction Cynthia Love v. Delta Air Lines is a significant appellate decision from the United States...

Eleventh Circuit Reversal in CFTC v. R.J. Fitzgerald Co., Inc.: Clarifying Fraudulent Solicitation Standards Under the Commodity Exchange Act

Date: Oct 30, 2002

Eleventh Circuit Reversal in CFTC v. R.J. Fitzgerald Co., Inc.: Clarifying Fraudulent Solicitation Standards Under the Commodity Exchange Act Introduction The case of Commodity Futures Trading...

Establishing Jurisdictional Error for Coram Nobis Relief in RICO Mail Fraud Cases: United States v. Peter

Date: Oct 29, 2002

Establishing Jurisdictional Error for Coram Nobis Relief in RICO Mail Fraud Cases: United States v. Peter Introduction In United States v. Peter, the United States Court of Appeals for the Eleventh...

No Reasonable Accommodation Requirement for Front-Yard Modifications in Deed-Restricted Subdivisions: An Analysis of Loren v. Sasser et al.

Date: Oct 18, 2002

No Reasonable Accommodation Requirement for Front-Yard Modifications in Deed-Restricted Subdivisions Introduction The case of Nicole Loren, Bettie J. Newbold, and Charlene Janke, by and through...

Extended Limitation Period under AEDPA: Carl D. Bond v. Michael Moore et al.

Date: Oct 11, 2002

Extended Limitation Period under AEDPA: Carl D. Bond v. Michael Moore et al. Introduction Carl D. Bond v. Michael Moore, Secretary of the Florida Department of Corrections, Robert A. Butterworth,...

Automobili Lamborghini Exclusive, Inc. v. Martin: Establishing Standards for Sanctions and Ability to Pay in Cases of Judicial Fraud

Date: Oct 1, 2002

Automobili Lamborghini Exclusive, Inc. v. Martin: Establishing Standards for Sanctions and Ability to Pay in Cases of Judicial Fraud Introduction The case of John Martin, Brian Neiman, and Saul...

Eleventh Circuit Clarifies AEDPA §2255: Out-of-Time Appeals Do Not Constitute 'Second or Successive' Post-Conviction Relief

Date: Oct 1, 2002

Eleventh Circuit Clarifies AEDPA §2255: Out-of-Time Appeals Do Not Constitute 'Second or Successive' Post-Conviction Relief Introduction Ralph McIVER v. United States of America, 307 F.3d 1327 (11th...

Mandatory Arbitration and Sanctions for Vexatious Litigation: Insights from Riccard v. Prudential Insurance Company

Date: Sep 25, 2002

Mandatory Arbitration and Sanctions for Vexatious Litigation: Insights from Riccard v. Prudential Insurance Company Introduction The case of Riccard v. Prudential Insurance Company, adjudicated by...

§1983 Suit for Evidence Production Does Not Equate to Habeas Corpus: Bradley v. Pryor

Date: Sep 24, 2002

§1983 Suit for Evidence Production Does Not Equate to Habeas Corpus: Bradley v. Pryor Introduction Danny Joe Bradley, a death row inmate in Alabama, initiated a lawsuit under 42 U.S.C. §1983 to...

Affirmation of Shotgun Pleading's Insufficiency in Securities Fraud Claims

Date: Sep 24, 2002

Affirmation of Shotgun Pleading's Insufficiency in Securities Fraud Claims Introduction The case of Strategic Income Fund, L.L.C., Hennessy Cadillac, Inc., et al. v. Spear, Leeds Kellogg Corporation,...

Qualified Immunity Uphheld in Warrantless Arrest Case: Knight v. Jacobson

Date: Sep 19, 2002

Qualified Immunity Upheld in Warrantless Arrest Case: Knight v. Jacobson Introduction In the case of Arthur Knight v. Officer Jacobson, adjudicated by the United States Court of Appeals for the...

Brownlee v. Haley: Establishing Precedent for Ineffective Assistance of Counsel in Capital Sentencing

Date: Sep 17, 2002

Brownlee v. Haley: Establishing Precedent for Ineffective Assistance of Counsel in Capital Sentencing Introduction Virgil Lee Brownlee v. Michael Haley, Commissioner, Alabama Department of...

Ripeness of Federal Habeas Petitions Under AEDPA: Insights from Maharaj v. Department of Corrections

Date: Sep 14, 2002

Ripeness of Federal Habeas Petitions Under AEDPA: Insights from Maharaj v. Department of Corrections Introduction Maharaj v. Secretary for the Department of Corrections, 304 F.3d 1345 (11th Cir....

11th Circuit Sets New Precedent on Employer Reimbursement Obligations Under FLSA for H-2A Workers

Date: Sep 12, 2002

11th Circuit Sets New Precedent on Employer Reimbursement Obligations Under FLSA for H-2A Workers Introduction In the landmark case of Jorge E. Arriaga et al. v. Florida Pacific Farms, L.L.C., Sleepy...

Affirmation of Preliminary Injunction in Cumulus Media v. Clear Channel: Trademark Protection Reinforced

Date: Sep 7, 2002

Affirmation of Preliminary Injunction in Cumulus Media, Inc. v. Clear Channel Communications, Inc.: Trademark Protection Reinforced Introduction The case of Cumulus Media, Inc. v. Clear Channel...

Trade Dress Infringement Recognized as 'Advertising Injury' Under Commercial General Liability Insurance: 11th Circuit Decision

Date: Sep 7, 2002

Trade Dress Infringement Recognized as 'Advertising Injury' Under Commercial General Liability Insurance: 11th Circuit Decision Introduction This commentary delves into the significant 2002 decision...

Retaliation Claims in Public Employment: A Critical Analysis of Brochu v. City of Riviera Beach

Date: Sep 6, 2002

Retaliation Claims in Public Employment: A Critical Analysis of Brochu v. City of Riviera Beach Introduction The case of Edward Brochu versus the City of Riviera Beach, adjudicated in the United...

Rhetorical Hyperbole and Defamation: Eleventh Circuit's Decision in Horsley v. Feldt et al.

Date: Sep 6, 2002

Rhetorical Hyperbole and Defamation: Eleventh Circuit's Decision in Horsley v. Feldt et al. Introduction In the landmark case of Neal Horsley, d.b.a. Pathway Communications, d.b.a....

Affirmation of MDLEA Convictions: Upholding Statutory Sentencing and Jurisdiction Under Apprendi and Gaudin

Date: Sep 5, 2002

Affirmation of MDLEA Convictions: Upholding Statutory Sentencing and Jurisdiction Under Apprendi and Gaudin Introduction The case of United States of America v. Pedro Luis Christopher Tinoco, et al....

Enhanced Accountability of Federally-Established Advisory Committees: Miccosukee Tribe v. SERA

Date: Sep 5, 2002

Enhanced Accountability of Federally-Established Advisory Committees: Miccosukee Tribe v. SERA Introduction The case of Miccosukee Tribe of Indians of Florida v. Southern Everglades Restoration...