Category Archives: Eleventh Circuit

Foreword: The Evolution of the Eleventh Circuit Court of Appeals: A New Era of Diversity on the Bench

BY HON. URSULA UNGARO, 69 U. Miami L. Rev. 929 (2015). Foreword: From a historical perspective, 2014 was a pivotal year for the youngest circuit court in the nation. Within a four-month period, three new judges were confirmed and sworn in to serve on the Eleventh Circuit—all having clerked for distinguished Eleventh Circuit judges and all of them women. […]

Because of Winn-Dixie: The Common Law of Exclusive Use Covenants

BY TANYA D. MARSH, 69 U. Miami L. Rev. 935 (2015). Introduction: As a condition of entering into a lease for space in a shopping center, tenants with significant bargaining power often require landlords to promise that no other occupant of the shopping center will sell certain goods or services. This promise, contained in the lease, is known as […]

Giving Judge Tjoflat’s Deference Analysis Its Due

BY JONATHAN D. COLAN, 69 U. Miami L. Rev. 973 (2015). Introduction: In United States v. Williams, Judge Gerald Bard Tjoflat sought to clarify the meaning of 18 U.S.C. § 3742(e)’s “due deference” standard and to fix, what he considered to be, the Eleventh Circuit’s inconsistent application of this provision in federal criminal sentencing appeals. Judge Tjoflat’s mission failed. […]

“Indispensable” Methods for Admitting General Causation Experts in the Eleventh Circuit

BY ERICA W. RUTNER & LARA BUESO BACH, 69 U. Miami L. Rev. 999 (2015). Introduction: Cases involving medical causation often turn on the plaintiff’s ability to offer admissible expert testimony. In fact, in products liability cases proceeding in the Eleventh Circuit, plaintiffs are required to have admissible expert testimony establishing both general causation—that the agent in question […]