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  • Commentaries
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11th Circuit Case Commentaries

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Date: Oct 19, 2025
Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non‑Argument...
WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro)

WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro)

Date: Oct 19, 2025
WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro) Introduction This published decision from the United States Court of Appeals for the...
No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

Date: Oct 19, 2025
No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe Introduction In a published decision addressing...
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Date: Oct 19, 2025
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1...
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Date: Oct 18, 2025
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing Introduction In United States v. Francisco Javier Montano-Ortiz, the...
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Date: Oct 18, 2025
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause Introduction This consolidated, unpublished...
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Date: Oct 18, 2025
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Date: Oct 18, 2025
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification Case: Joel...
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Date: Oct 18, 2025
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims Case: Terry Dukes, Sr. v. Chase Gregory Court:...
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...
Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act

Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act

Date: Oct 17, 2025
Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act Case: Bill V. Ypsilantis v. Secretary, U.S. Department of the...
Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire

Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire

Date: Oct 17, 2025
Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire Introduction In George Lee Clark v. Dr. Eben Alexander,...
ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA

ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA

Date: Oct 17, 2025
ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA...
Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis

Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis

Date: Oct 17, 2025
Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis Introduction United...
Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported

Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported

Date: Oct 17, 2025
Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported Introduction In L. Squared Industries, Inc. v....
Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits (Bolton v. Inland Fresh)

Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits (Bolton v. Inland Fresh)

Date: Oct 17, 2025
Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits Case: Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc....
Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Date: Oct 16, 2025
Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference...
Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Date: Oct 16, 2025
Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) United States v. Keenan Devron Hunter (11th Cir....
Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Date: Oct 16, 2025
Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras Introduction In United States v. Keenan Devron Hunter, Nos....
Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Date: Oct 16, 2025
Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts...
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