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  • Commentaries
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11th Circuit Case Commentaries

Isaac Industries v. Petroquimica de Venezuela: Affirmation of Contractual and Jurisdictional Principles

Isaac Industries v. Petroquimica de Venezuela: Affirmation of Contractual and Jurisdictional Principles

Date: Jan 31, 2025
Isaac Industries v. Petroquimica de Venezuela: Affirmation of Contractual and Jurisdictional Principles Introduction In the landmark case of Isaac Industries, Inc. v. Petroquimica de Venezuela, S.A.,...
Eleventh Circuit Establishes Limits on FCC's Authority Over 'Prior Express Consent' under TCPA

Eleventh Circuit Establishes Limits on FCC's Authority Over 'Prior Express Consent' under TCPA

Date: Jan 31, 2025
Eleventh Circuit Establishes Limits on FCC's Authority Over 'Prior Express Consent' under TCPA Introduction The recent case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...
Reaffirmation of Non-Testimonial Hearsay and Confrontation Rights in Digital Enticement Cases: United States v. Garcia

Reaffirmation of Non-Testimonial Hearsay and Confrontation Rights in Digital Enticement Cases: United States v. Garcia

Date: Jan 31, 2025
Reaffirmation of Non-Testimonial Hearsay and Confrontation Rights in Digital Enticement Cases: United States v. Garcia Introduction In the landmark case United States of America v. Andres Garcia, the...
Strict Enforcement of Scheduling Orders under Fed. R. Civ. P. 16(b): Insights from Davidson v. MTD Products

Strict Enforcement of Scheduling Orders under Fed. R. Civ. P. 16(b): Insights from Davidson v. MTD Products

Date: Jan 31, 2025
Strict Enforcement of Scheduling Orders under Fed. R. Civ. P. 16(b): Insights from Davidson v. MTD Products Introduction The case of Angela Michelle Davidson v. MTD Products Company, XYZ Corporations...
Relation‐Back Tolling of AEDPA’s Limitations Period by Florida Rule 3.851 Motions

Relation‐Back Tolling of AEDPA’s Limitations Period by Florida Rule 3.851 Motions

Date: Jan 31, 2025
Relation-Back Tolling of AEDPA’s Limitations Period by Florida Rule 3.851 Motions 1. Introduction This case arises from a habeas corpus petition filed by Thomas Mitchell Overton, a death-row inmate...
Exclusion of Trademark Licenses in Bankruptcy Asset Sales and the Limits of the First‐Sale Doctrine in the Context of Consumer Confusion

Exclusion of Trademark Licenses in Bankruptcy Asset Sales and the Limits of the First‐Sale Doctrine in the Context of Consumer Confusion

Date: Jan 31, 2025
Exclusion of Trademark Licenses in Bankruptcy Asset Sales and the Limits of the First‐Sale Doctrine in the Context of Consumer Confusion Introduction In Nutradose Labs, LLC v. Bio Dose Pharma, LLC,...
Relation-Back Tolling under § 2244(d)(2) for Stricken Florida Postconviction Motions: Overton v. Secretary, Florida Department of Corrections

Relation-Back Tolling under § 2244(d)(2) for Stricken Florida Postconviction Motions: Overton v. Secretary, Florida Department of Corrections

Date: Jan 31, 2025
Relation-Back Tolling under § 2244(d)(2) for Stricken Florida Postconviction Motions: Overton v. Secretary, Florida Department of Corrections Introduction This commentary examines the Eleventh...
Primacy of Standing Determinations Over Exhaustion in §2241 Habeas Proceedings

Primacy of Standing Determinations Over Exhaustion in §2241 Habeas Proceedings

Date: Jan 31, 2025
Primacy of Standing Determinations Over Exhaustion in §2241 Habeas Proceedings Introduction This commentary examines the Eleventh Circuit’s decision in Christopher Cobb v. Warden, No. 23-12416,...
Mental Illness and Knowledge Requirement under U.S.S.G. § 3A1.2(c): United States v. Young

Mental Illness and Knowledge Requirement under U.S.S.G. § 3A1.2(c): United States v. Young

Date: Jan 30, 2025
Mental Illness and Knowledge Requirement under U.S.S.G. § 3A1.2(c): United States v. Young Introduction United States v. Broderick Tramaine Young is a published Eleventh Circuit decision handed down...
Limitations on Appeals by Non-Parties: Jurisdictional Boundaries for Interlocutory Injunctions and Third-Party Subpoena Challenges

Limitations on Appeals by Non-Parties: Jurisdictional Boundaries for Interlocutory Injunctions and Third-Party Subpoena Challenges

Date: Jan 30, 2025
Limitations on Appeals by Non-Parties: Jurisdictional Boundaries for Interlocutory Injunctions and Third-Party Subpoena Challenges Introduction United States v. Younes Ali is a consolidated appeal...
Clarifying Subject-Matter Jurisdiction: Appealability of Stricken Pro Se Motions and Mootness of Subpoena Challenges

Clarifying Subject-Matter Jurisdiction: Appealability of Stricken Pro Se Motions and Mootness of Subpoena Challenges

Date: Jan 30, 2025
Clarifying Subject-Matter Jurisdiction: Appealability of Stricken Pro Se Motions and Mootness of Subpoena Challenges Introduction United States v. Younes Ali is a consolidated, per curiam decision of...
Affirming §924(j) Aiding and Abetting Liability: Knowledge of Confederates’ Firearms and Violent Practices as Sufficient Mens Rea

Affirming §924(j) Aiding and Abetting Liability: Knowledge of Confederates’ Firearms and Violent Practices as Sufficient Mens Rea

Date: Jan 29, 2025
Affirming §924(j) Aiding and Abetting Liability: Knowledge of Confederates’ Firearms and Violent Practices as Sufficient Mens Rea Introduction This commentary examines the Eleventh Circuit’s decision...
Adverse Credibility and Denial of Asylum, Withholding of Removal, and CAT Relief: Admission of Embellishments as Specific and Cogent Reason

Adverse Credibility and Denial of Asylum, Withholding of Removal, and CAT Relief: Admission of Embellishments as Specific and Cogent Reason

Date: Jan 29, 2025
Adverse Credibility and Denial of Asylum, Withholding of Removal, and CAT Relief: Admission of Embellishments as Specific and Cogent Reason Introduction Oscar Alberto Donaire-Jarquin, a native and...
Eleventh Circuit Clarifies Prejudice Standard for §2255 IAC Claims Involving Unseized Devices and Proprietary Software Logs

Eleventh Circuit Clarifies Prejudice Standard for §2255 IAC Claims Involving Unseized Devices and Proprietary Software Logs

Date: Jan 28, 2025
Eleventh Circuit Clarifies Prejudice Standard for §2255 IAC Claims Involving Unseized Devices and Proprietary Software Logs Introduction This commentary examines the Eleventh Circuit’s January 27,...
Variance versus Departure: Rule 32(h) Notice and § 3553(a) Sentencing Factors in United States v. Pacheco Colon

Variance versus Departure: Rule 32(h) Notice and § 3553(a) Sentencing Factors in United States v. Pacheco Colon

Date: Jan 28, 2025
Variance versus Departure: Rule 32(h) Notice and § 3553(a) Sentencing Factors in United States v. Pacheco Colon Introduction United States v. Lenen Enrique Pacheco Colon (11th Cir. Jan. 27, 2025)...
Upholding Evidentiary and Sentencing Standards in Bank Robbery Conviction: Analysis of United States v. Mackroy

Upholding Evidentiary and Sentencing Standards in Bank Robbery Conviction: Analysis of United States v. Mackroy

Date: Jan 24, 2025
Upholding Evidentiary and Sentencing Standards in Bank Robbery Conviction: Analysis of United States v. Mackroy Introduction The case of United States of America v. Latavis Deyonta Mackroy was...
Affirmation of Dismissal in Gaston v. City of Leesburg: Strengthening Standards for §1983 Claims

Affirmation of Dismissal in Gaston v. City of Leesburg: Strengthening Standards for §1983 Claims

Date: Jan 24, 2025
Affirmation of Dismissal in Gaston v. City of Leesburg: Strengthening Standards for §1983 Claims Introduction In Gaston v. City of Leesburg, decided by the United States Court of Appeals for the...
Preservation of Appellate Rights Through Timely Objections under Fed. R. Civ. P. 72(a) and Eleventh Circuit Rule 3-1

Preservation of Appellate Rights Through Timely Objections under Fed. R. Civ. P. 72(a) and Eleventh Circuit Rule 3-1

Date: Jan 24, 2025
Preservation of Appellate Rights Through Timely Objections under Fed. R. Civ. P. 72(a) and Eleventh Circuit Rule 3-1 Introduction The case of Barry Lynn Gibson v. Dooly SP Warden (11th Cir. No....
Establishing Causation in Retaliation Claims under ADA and Title VII: Massa v. UPS

Establishing Causation in Retaliation Claims under ADA and Title VII: Massa v. UPS

Date: Jan 24, 2025
Establishing Causation in Retaliation Claims under ADA and Title VII: Massa v. UPS Introduction The case of Jonathan Trent Massa v. Teamsters Local Union 79 and United Parcel Service, Inc. (UPS)...
“No Indefinite Leave” and “Causal‐Proximity” Principles in ADA and Title VII Retaliation Claims

“No Indefinite Leave” and “Causal‐Proximity” Principles in ADA and Title VII Retaliation Claims

Date: Jan 24, 2025
“No Indefinite Leave” and “Causal‐Proximity” Principles in ADA and Title VII Retaliation Claims Introduction This commentary examines the Eleventh Circuit’s decision in Jonathan Trent Massa v....
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