11th Circuit Case Commentaries

Ikner v. Lee: Clarifying the Standards for 'Willful and Malicious Injury' in Bankruptcy Dischargeability

Date: Sep 16, 1989

Ikner v. Lee: Clarifying the Standards for 'Willful and Malicious Injury' in Bankruptcy Dischargeability Introduction The case of In re Clinton Melvin Ikner, Jr., Debtor v. Linda L. Lee (F/K/A Linda...

Eleventh Circuit Reverses Summary Judgment, Affirming Liberty Interests of Youthful Offenders Under §1983

Date: Sep 16, 1989

Eleventh Circuit Reverses Summary Judgment, Affirming Liberty Interests of Youthful Offenders Under §1983 Introduction In the landmark case of Michael A. Barfield v. David Brierton et al., the United...

Eleventh Circuit Asserts Pursuit of Insurer Liability Post-Bankruptcy under 11 U.S.C. § 524(e)

Date: Sep 16, 1989

Eleventh Circuit Asserts Pursuit of Insurer Liability Post-Bankruptcy under 11 U.S.C. § 524(e) Introduction The case of In Re Jet Florida Systems, Inc. f/k/a Air Florida Systems, Inc. and Airport...

Substantive Due Process in Zoning: Insights from Greenbriar v. City of Alabaster

Date: Sep 2, 1989

Substantive Due Process in Zoning: Insights from Greenbriar v. City of Alabaster Introduction Greenbriar, Ltd. and Mary Roensch v. City of Alabaster, 881 F.2d 1570 (11th Cir. 1989), stands as a...

Establishing Probable Cause and Upholding Conspiracy Convictions in Drug Enforcement: United States v. Hastamorir et al.

Date: Sep 2, 1989

Establishing Probable Cause and Upholding Conspiracy Convictions in Drug Enforcement: United States v. Hastamorir et al. Case Information Case Title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v....

Ineffective Assistance of Counsel: Comprehensive Analysis of BERTOLOTTI v. DUGGER

Date: Sep 1, 1989

Ineffective Assistance of Counsel: Comprehensive Analysis of BERTOLOTTI v. DUGGER Introduction In Anthony Bertolotti v. Richard Dugger, 883 F.2d 1503 (11th Cir. 1989), the United States Court of...

Affirming Age Discrimination Claims under ADEA: Willful Discrimination Upholding Liquidated Damages in Verbraeken v. Westinghouse

Date: Aug 30, 1989

Affirming Age Discrimination Claims under ADEA: Willful Discrimination Upholding Liquidated Damages in Verbraeken v. Westinghouse Introduction In the landmark case of Marcel Verbraeken v....

EEOC v. White and Son Enterprises: Strengthening Protections Against Wage Discrimination and Retaliatory Practices under EPA and Title VII

Date: Aug 25, 1989

EEOC v. White and Son Enterprises: Strengthening Protections Against Wage Discrimination and Retaliatory Practices under EPA and Title VII Introduction The case of Equal Employment Opportunity...

Rethinking Rule 11 Sanctions: The Eleventh Circuit's Decision in Thomas v. Evans Establishes New Standards for Pro Se Prisoners

Date: Aug 22, 1989

Rethinking Rule 11 Sanctions: The Eleventh Circuit's Decision in Thomas v. Evans Establishes New Standards for Pro Se Prisoners Introduction Albert Thomas, an inmate at Georgia State Prison, engaged...

Enhancement of Federal Sentences: Sixth Amendment Protections Affirmed in Greene v. United States

Date: Aug 22, 1989

Enhancement of Federal Sentences: Sixth Amendment Protections Affirmed in Greene v. United States Introduction James Alfonso Greene appeals his conviction and sentence under 18 U.S.C. § 1202(a),...

Limiting Rule 33 and Expanding Section 2255: U.S. v. DiBernardo & Rothstein Establishes Boundaries for Motions for New Trials

Date: Aug 22, 1989

Limiting Rule 33 and Expanding Section 2255: U.S. v. DiBernardo & Rothstein Establishes Boundaries for Motions for New Trials Introduction In the case of United States of America v. Robert DiBernardo...

Burden-Shifting Jury Instructions and Harmless Error: Insights from LANCASTER v. NEWSOME

Date: Aug 11, 1989

Burden-Shifting Jury Instructions and Harmless Error: Insights from LANCASTER v. NEWSOME Introduction Bob Edward Lancaster appealed the denial of his habeas corpus petition following his conviction...

Dieter v. B H Industries: Incontestable Trademark Status Influences Likelihood of Confusion Analysis

Date: Aug 11, 1989

Dieter v. B H Industries: Incontestable Trademark Status Influences Likelihood of Confusion Analysis Introduction Dieter v. B H Industries of Southwest Florida, Inc., 880 F.2d 322 (11th Cir. 1989),...

Reaffirming Student Constitutional Rights in School Counseling: Eleventh Circuit's Decision on Section 1983 Claims

Date: Aug 11, 1989

Reaffirming Student Constitutional Rights in School Counseling: Eleventh Circuit's Decision on Section 1983 Claims Introduction In the landmark case of Helen H. Arnold et al. v. Board of Education of...

Establishing Constructive Possession and Firearm Use in Drug Trafficking: Insights from United States v. Poole

Date: Aug 5, 1989

Establishing Constructive Possession and Firearm Use in Drug Trafficking: Insights from United States v. Poole Introduction United States v. Poole (878 F.2d 1389, 11th Cir. 1989) is a pivotal case...

Harduvel v. General Dynamics: Affirming the Government Contractor Defense under Boyle

Date: Aug 1, 1989

Harduvel v. General Dynamics: Affirming the Government Contractor Defense under Boyle Introduction Harduvel v. General Dynamics Corporation, 878 F.2d 1311 (11th Cir. 1989), is a pivotal appellate...

Affirmation of Guideline-Based Sentencing: Aggregation of Related Offenses in U.S. v. Scroggins

Date: Aug 1, 1989

Affirmation of Guideline-Based Sentencing: Aggregation of Related Offenses in U.S. v. Scroggins Introduction The case of United States of America v. Samuel Scroggins, adjudicated by the United States...

Owens v. Fulton County: Defining Municipal Liability under 42 U.S.C. § 1983

Date: Jul 21, 1989

Owens v. Fulton County: Defining Municipal Liability under 42 U.S.C. § 1983 Introduction Owens v. Fulton County is a significant appellate decision by the United States Court of Appeals for the...

Affirmation of Reasonable Suspicion Standards for Vehicle Stops in Narcotics Conspiracy Cases

Date: Jul 13, 1989

Affirmation of Reasonable Suspicion Standards for Vehicle Stops in Narcotics Conspiracy Cases Introduction The case of United States of America v. Tommy Lee Williams, Leonard Williams (876 F.2d 1521,...

Impact of Ineffective Counsel in CCE Sentencing: Holmes v. United States

Date: Jul 13, 1989

Impact of Ineffective Counsel in CCE Sentencing: Holmes v. United States Introduction Holmes v. United States (876 F.2d 1545, 1989) is a significant appellate case from the United States Court of...

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