Vernell, Louis, In Re:, 208 F.3d 1308 (11th Cir. 2000). · Go Syfert
Vernell, Louis, In Re:, 208 F.3d 1308 (11th Cir. 2000). Cases Citing This Book View Copy Cite
129 citation events (122 in the last 25 years) across 19 distinct courts.
Strongest positive: World Aircraft Services, Inc. v. AETNA Life Insurance Company (flmd, 2025-06-04)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) World Aircraft Services, Inc. v. AETNA Life Insurance Company (2×) also: Cited as authority (rule)
M.D. Fla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the pertinent inquiry is not into the nature of status in the abstract, but its function or role in a particular context.
discussed Cited as authority (verbatim quote) Willie Santonio Manders v. Thurman Lee (2×) also: Cited as authority (rule)
11th Cir. · 2003 · quote attribution · 1 verbatim quote · confidence high
the pertinent inquiry is not into the nature of status in the abstract, but its function or role in a particular context.
examined Cited as authority (verbatim quote) Willie Santonio Manders v. Thurman Lee (4×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
11th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
the pertinent inquiry is not into the nature of status in the abstract, but its function or role in a particular context.
discussed Cited as authority (quoted) Doris Freyre v. Chad Cronister (2×) also: Cited "see, e.g."
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
the pertinent inquiry is not into the nature of status in the abstract, but its function or role in a particular context.
cited Cited as authority (rule) Dawei Sun v. Virgin Cruises Intermediate Limited, Inc. d/b/a Virgin Voyages
S.D. Fla. · 2026 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Robert Gill v. City of Margate and Kyle Woolley
S.D. Fla. · 2026 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Koster LLC v. Hartford Insurance Company of the Midwest
S.D. Fla. · 2026 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Hybrid Pharma LLC v. Food and Drug Administration
S.D. Fla. · 2026 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Vidal v. The Hershey Company
S.D. Fla. · 2025 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) TAILLARD v. MERCEDES-BENZ USA, LLC
S.D. Fla. · 2025 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Efstathion v. CBRE Capital Markets, Inc.
S.D. Fla. · 2025 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (internal quotation marks omitted) (quoting Hishon, 467 U.S. at 73 ).
cited Cited as authority (rule) Khan v. Palomera
S.D. Fla. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)).
cited Cited as authority (rule) Shah v. Spirit Airlines, Inc.
S.D. Fla. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)).
cited Cited as authority (rule) Gonzalez v. Cano Health, Inc.
S.D. Fla. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)).
cited Cited as authority (rule) Picado v. M&S CARGO EXPRESS CORP.
S.D. Fla. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir. 2000) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)).
discussed Cited as authority (rule) Frishberg v. University of South Florida Board of Trustees
M.D. Fla. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir. 2000) (private corporation that is neither controlled nor funded by state may be protected by immunity when clearly acting as agent of state).
discussed Cited as authority (rule) Taquila Monroe v. Board of Regents of the University System of Georgia
11th Cir. · 2024 · confidence medium
Corp., 208 F.3d 1308, 1313 (11th Cir. 2000) (concluding that a third party administrator of state health care services program was state entity where a judg- ment against it “would implicate state funds”).
cited Cited as authority (rule) Gwendolyn McCurdy v. State of Alabama Disability Determination Service
11th Cir. · 2018 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir. 2000)).
discussed Cited as authority (rule) Gloria Jane Miller v. Advantage Behavioral Health Systems
11th Cir. · 2017 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir. 2000) (establishing that arm-of-the-State status relates not to the entity’s “status in the abstract” but to its “function or role in a particular context.”).
discussed Cited as authority (rule) Michael Leslie Lake v. Michael Skelton (2×)
11th Cir. · 2016 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir. 2000).
discussed Cited as authority (rule) Ronald E. Moore, Jr. v. Grady Memorial Hospital Corporation
11th Cir. · 2016 · confidence medium
Exercising plenary review, see Shands Teaching Hospital & Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir. 2000), and with the benefit of oral argument, we affirm in part and reverse in part.
cited Cited as authority (rule) Grajales v. Puerto Rico Ports Authority
1st Cir. · 2016 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (citing principles of agency law)); see also City of Oakland ex rel Bd. of Port Comm'rs v. Fed.
cited Cited as authority (rule) Felicia Pellitteri v. Sheriff Chris Prine
11th Cir. · 2015 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (“The pertinent inquiry is not into the nature of [an entity’s] status in the abstract, but its function or role in a particular context.”).
cited Cited as authority (rule) Hopkins Pontiac GMC, Inc. v. Ally Financial Inc.
N.D. Fla. · 2014 · confidence medium
Shands Teaching Hosp. and Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir.2000) (citing Lowell v. American Cyanamid Co., 177 F.3d 1228, 1229 (11th Cir.1999)).
discussed Cited as authority (rule) City of Oakland Ex Rel. Board of Port Commissioners v. Federal Maritime Commission
D.C. Cir. · 2013 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (holding that a Medicare fiscal intermediary may be immune “only to the extent that a judgment would expose the government to financial liability or interfere with the administration of government programs”).
cited Cited as authority (rule) Weaver v. Madison City Board of Education
N.D. Ala. · 2013 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (“The pertinent inquiry is not into the nature of [an entity’s] status in the abstract, but its function or role in a particular context.”).
discussed Cited as authority (rule) Diquez v. Waters (In re Diquez)
Bankr. S.D. Florida · 2012 · confidence medium
XI The Eleventh Amendment “shields states from being sued in federal court without their consent, leaving parties with claims against a State to bring them, if the State permits, in the State’s own tribunals.” Shands Teaching Hosp. and Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
discussed Cited as authority (rule) Michelle Keene v. Chris Pine (2×) also: Cited "see"
11th Cir. · 2012 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (“The pertinent inquiry is not into the nature of [an entity’s] status in the abstract, but its function or role in a particular context.”).
discussed Cited as authority (rule) Versiglio v. BOARD OF DENTAL EXAMINERS OF ALABAMA
11th Cir. · 2011 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000); Fouche, 713 F.2d at 1521 (“The Eleventh Amendment protects the sovereignty of the state by prohibiting suits when recovery would be paid from state funds.”).
cited Cited as authority (rule) Roger Reeves v. DSI Security Services
11th Cir. · 2009 · confidence medium
Shands Teaching Hosp. & Clinics, Inc. v. Beech St Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
discussed Cited as authority (rule) Lamb County Electric Cooperative, Inc. v. Public Utility Commission of Texas
Tex. App. · 2008 · confidence medium
Corp., 208 F.3d 1308, 1311-12 (11th Cir. 2000) (“The dispositive question for Eleventh Amendment purposes is whether a judgment against [private companies] would implicate the state treasury or interfere with the administration of the state group insurance program, or whether the claims constitute a private cause of action, arising out of tort or contract, for which [private companies] would be financially responsible.”); see also United States ex rel.
discussed Cited as authority (rule) Diana Foster v. Texas Retirement System, Trustee for Texas Public Retired School Employees Group Insurance Program Aetna Life Insurance Company And Aetna Health Management, LLC
Tex. App. · 2008 · confidence medium
Corp. , 208 F.3d 1308, 1311-12 (11th Cir. 2000) ("The dispositive question for Eleventh Amendment purposes is whether a judgment against [private companies] would implicate the state treasury or interfere with the administration of the state group insurance program, or whether the claims constitute a private cause of action, arising out of tort or contract, for which [private companies] would be financially responsible."); see also United States ex rel.
discussed Cited as authority (rule) Foster v. Teacher Retirement System
Tex. App. · 2008 · confidence medium
Corp., 208 F.3d 1308, 1311-12 (11th Cir.2000) (“The dispositive question for Eleventh Amendment purposes is whether a judgment against [private companies] would implicate the state treasury or interfere with the administration of the state group insurance program, or whether the claims constitute a private cause of action, arising out of tort or contract, for *890 which [private companies] would be financially responsible.”); see also United States ex rel.
discussed Cited as authority (rule) Puerto Rico Ports Authority v. Federal Maritime Commission (2×)
D.C. Cir. · 2008 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000).
discussed Cited as authority (rule) Del Campo v. Kennedy
9th Cir. · 2008 · confidence medium
Shands Teaching Hospital and Clinics, Inc. v. Beech Street Corporation, 208 F.3d 1308, 1311 (11th Cir.2000), provided a private administrator of a state health care plan with sovereign immunity, reasoning that “[t]he pertinent inquiry is not into the nature of a corporation’s status in the abstract, but its function or role in a particular context,” and that the health care plan was essentially controlled by the state.
discussed Cited as authority (rule) Del Campo v. American Corrective Counseling
9th Cir. · 2008 · confidence medium
Shands Teaching Hospital and Clinics, Inc. v. Beech Street Corporation, 208 F.3d 1308, 1311 (11th DEL CAMPO v. AMERICAN CORRECTIVE COUNSELING 1765 Cir. 2000), provided a private administrator of a state health care plan with sovereign immunity, reasoning that “[t]he per- tinent inquiry is not into the nature of a corporation’s status in the abstract, but its function or role in a particular context,” and that the health care plan was essentially controlled by the state.
cited Cited as authority (rule) Oscar Lee Washington, Sr. v. The Dept. of Children
11th Cir. · 2007 · confidence medium
Shands Teaching Hosp. & Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
discussed Cited as authority (rule) Rosario v. American Corrective Counseling Services, Inc.
11th Cir. · 2007 · confidence medium
In granting this motion, the district court relied upon Shands Teaching Hospital and Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1311 (11th Cir.2000) ("Shands”), concluding that ACCS acted as an agent for the SAO in connection with the events that form the basis for the claims.
cited Cited as authority (rule) Del Campo v. Kennedy
N.D. Cal. · 2006 · confidence medium
Barron v. Deloitte & Touche, LLP, 381 F.3d 438, 444 (5th Cir.2004); Shands Teaching Hosp. & Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1311, 1313 (11th Cir.2000).
cited Cited as authority (rule) Calvin David Fox v. Prudential Financial
11th Cir. · 2006 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
discussed Cited as authority (rule) Mel Abele v. Grant Tolbert
11th Cir. · 2006 · confidence medium
STANDARD OF REVIEW “We review the dismissal of a complaint for failure to state a claim de novo, construing all allegations in the complaint as true and in the light most favorable to the plaintiff.” Shands Teaching Hosp. and Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir.2000) (internal citation omitted).
cited Cited as authority (rule) Sierra Maldonado v. Paul Snead
11th Cir. · 2006 · confidence medium
STANDARD OF REVIEW ‘We review the dismissal of a complaint for failure to state a claim de novo.” Shands Teaching Hosp. & Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
cited Cited as authority (rule) Norris Anderson, Jr. v. Ga. State Pardons & Parole
11th Cir. · 2006 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000).
cited Cited as authority (rule) Montgomery Blair Sibley v. U.S. Supreme Court
11th Cir. · 2005 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
cited Cited as authority (rule) Derick M. Webb v. Tallahassee Police Dept.
11th Cir. · 2005 · confidence medium
Corp., 208 F.3d 1308, 1310 (11th Cir.2000).
cited Cited as authority (rule) Frederick S. Koger v. State of Florida
11th Cir. · 2005 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000).
examined Cited as authority (rule) United States Ex Rel. Barron v. Deloitte & Touche, L.L.P. (3×)
5th Cir. · 2004 · confidence medium
Id. at 1312-13. 40 .
discussed Cited as authority (rule) Ammend v. BioPort, Inc.
W.D. Mich. · 2004 · confidence medium
See Regents of Univ. of Cal. v. Doe, 519 U.S. 425, 431 , 117 S.Ct. 900, 904 , 137 L.Ed.2d 55 (1997) (state’s potential legal liability rather than actual liability determinative; fact that Department of Energy would pay damage award does not affect Eleventh Amendment analysis; an agreement by the federal government to indemnify a state instrumentality against an adverse judgment does not divest a state agency of Eleventh Amendment immunity); Shands Teaching Hosp. & Clinics, Inc. v. Beech St Corp., 208 F.3d 1308, 1311-13 (11th Cir.2000) (provisions indemnifying state are irrelevant to determi…
discussed Cited as authority (rule) Skandalakis v. Geeslin
M.D. Ga. · 2004 · confidence medium
“It is well settled that the reference to action ‘against one of the United States’ ‘encompasses not only cases in which the State itself is named as a defendant, but also certain actions against state agents and state instrumentalities.’ ” 4 Vierling v. Celebrity Cruises, Inc., 339 F.3d 1309, 1314 (11th Cir.2003) (quoting Shands Teaching Hosp. & Clinics, Inc. v. Beech Street Corp., 208 F.3d 1308,1311 (11th Cir.2000)).
cited Cited as authority (rule) Kaiser v. Blue Cross of California
9th Cir. · 2003 · confidence medium
Corp., 208 F.3d 1308, 1311 (11th Cir.2000) (collecting cases); cf. Anderson v. Occidental Life Ins.
Retrieving the full opinion text from the archive…
Vernell, Louis, In Re:
99-10114.
Court of Appeals for the Eleventh Circuit.
Apr 13, 2000.
208 F.3d 1308
[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 19 2000
________________________
THOMAS K. KAHN
CLERK
No. 99-10110
Non-Argument Calendar
________________________

D. C. Docket No. 99-00201-CIV-T-26F

JOHN T. HEPBURN,
Petitioner-Appellant,

versus

MICHAEL W. MOORE,
ROBERT A. BUTTERWORTH,
Attorney General of the
State of Florida,
Respondents-Appellees.

________________________

Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 19, 2000)

Before EDMONDSON, BLACK and HULL, Circuit Judges.

PER CURIAM:

Appellant John T. Hepburn filed a pro se 28 U.S.C. § 2254 habeas corpus petition alleging his Sixth and Fourteenth Amendment rights were violated when he was denied counsel during re-sentencing on state burglary and assault charges. The district court dismissed his petition, finding it was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214 (1996). We conclude the district court erred in determining Appellant’s challenge to his resentencing hearing was barred by the AEDPA’s statute of limitations. We therefore vacate and remand.

We review questions of law presented in a § 2254 petition de novo. See Freund v. Butterworth, 165 F.3d 839, 861 (11th Cir.) (en banc), cert. denied. 120 S. Ct. 57 (1999). The district court’s interpretation and application of a statute of limitations is a question of law that is subject to de novo review. See United States v. Gilbert, 136 F.3d 1451, 1453 (11th Cir. 1998).

The issue presented in this case is whether the statute of limitations for a habeas petition challenging a resentencing court’s judgment begins to run from the date of the judgment of the resentencing hearing, or whether the limitations period should relate back to the date of the judgment of the original conviction. The plain meaning of the statute supports the conclusion that the statute of limitations runs from the date of the resentencing judgment and not the date of the original judgment. Under the AEDPA, the statute of limitations is calculated from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244 (d)(1)(A). The judgment Appellant seeks to challenge is the judgment at resentencing. The statute of limitations therefore began to run on October 23, 1998, the date the resentencing order became final by the conclusion of direct review.

[*2]

This conclusion is supported by the analysis used in cases concerning the impact of resentencing on whether a petition is considered second or successive under the AEDPA. While this case does not involve a second or successive petition, the courts’ reasoning is persuasive here. Every circuit that has addressed the issue has agreed that, under the AEDPA, when new claims originate at resentencing, those claims may be brought in a subsequent habeas petition without the necessity of obtaining permission from the circuit court before filing the petition. See, e.g., In re Taylor, 171 F.3d 185, 187-88 (4th Cir. 1999) (holding that when a prisoner raises new issues that originated at resentencing, the habeas petition raising those new issues is not second or successive); Walker v. Roth, 133 F.3d 454, 455 (7th Cir. 1997) (holding that a petition challenging aspects of resentencing that could not have been raised in the first petition is not a second or successive petition within the meaning of § 2254); Galtieri v. United States, 128 F.3d 33, 37-38 (2d Cir. 1997) (holding that new petitions are not second or successive to the extent they seek to vacate a new, amended component of the sentence); United States v. Scott, 124 F.3d 1328, 1330 (10th Cir. 1997) (holding that a prisoner’s motion to vacate was not successive where his first motion to vacate resulted in resentencing and reinstatement of his right to direct appeal). These cases stand for the proposition that the AEDPA cannot be interpreted to require a prisoner to raise claims before they arise, including claims that originate in the context of resentencing.

[*3]

Appellant, therefore, has not lost his opportunity to raise claims relating to his resentencing in a federal habeas corpus petition. Under AEDPA’s one-year statute of limitations, Appellant had until October 23, 1999, to file a habeas petition presenting constitutional challenges to his resentencing. His January 26, 1999, habeas petition therefore was timely, and the district court erred in dismissing the petition.

VACATED AND REMANDED.

[*4]