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  • Commentaries
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11th Circuit Case Commentaries

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant

Date: Sep 4, 2025
Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant Introduction In Buckelew Farm, LLC (f.k.a....
Eleventh Circuit Reaffirms: Post-Handcuff Strikes Constitute Gratuitous Force; Qualified Immunity Denied

Eleventh Circuit Reaffirms: Post-Handcuff Strikes Constitute Gratuitous Force; Qualified Immunity Denied

Date: Sep 4, 2025
Reaffirming the Limits of Force: No Qualified Immunity for Post-Handcuff Strikes on a Non-Resisting Suspect Case: Albert Lee St. Clair, Jr. v. DeAngelo M. Anthony, et al. (No. 24-11302) Court: U.S....
Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief

Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief

Date: Sep 4, 2025
Reasoned Consideration and Evidentiary Sufficiency at the Reconsideration Stage: Preliminary Diagnoses and Generalized Violence Do Not Establish Prima Facie Relief Introduction In Armando...
No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage

No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage

Date: Sep 4, 2025
No Waiver Without Knowledge: Georgia’s Clear-and-Unmistakable Standard Governs Ownership Conditions in Temporary-Substitute Auto Coverage Introduction The Eleventh Circuit’s unpublished decision in...
No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta

No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta

Date: Sep 4, 2025
No Prejudice, No Penalty; Months-Long Gaps Break Causation: Eleventh Circuit Clarifies COBRA Penalty Discretion and Title VII Retaliation in Thibodeaux v. City of Atlanta Introduction This commentary...
Independent Investigation Breaks the Cat’s Paw: Eleventh Circuit Reaffirms Limits on Mixed‑Motive Title VII Claims in Police Use‑of‑Force Terminations

Independent Investigation Breaks the Cat’s Paw: Eleventh Circuit Reaffirms Limits on Mixed‑Motive Title VII Claims in Police Use‑of‑Force Terminations

Date: Sep 4, 2025
Independent Investigation Breaks the Cat’s Paw: Eleventh Circuit Reaffirms Limits on Mixed‑Motive Title VII Claims in Police Use‑of‑Force Terminations Case: Roger Williams v. Unified Government of...
Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial

Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial

Date: Sep 4, 2025
Harmless-Error Review Governs Early Denials of Compassionate Release Without a Reply; § 3553(a) Discretion Alone Can Sustain Denial Introduction In United States v. Fednert Orisnord, No. 24-12776...
Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025)

Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025)

Date: Sep 4, 2025
Flexible Daubert Gatekeeping and Circumstantial Proof of “Death Results” under § 841: United States v. Jackasal (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...
Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell

Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell

Date: Sep 4, 2025
Danger Finding Alone Bars Compassionate Release, Despite First Step Act Anti‑Stacking and Concepcion: Eleventh Circuit’s Decision in United States v. Harrell Court: U.S. Court of Appeals for the...
“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed — Commentary on United States v. Ruark (11th Cir. 2025)

“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed — Commentary on United States v. Ruark (11th Cir. 2025)

Date: Sep 4, 2025
“More Than Minimal Planning” Includes Coordinated Travel and Instrument Procurement; Upward Variance for “Terroristic” Violence Affirmed Commentary on United States v. Shawn Ruark, No. 24-11672 (11th...
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Date: Sep 4, 2025
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge Case: United States v. Nikequis Lachristopher Green, No. 24-11526 (11th Cir....
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

Date: Sep 2, 2025
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC Introduction In Deutsche Bank National Trust Company v....
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

Date: Sep 2, 2025
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4 Case: Julio Connor-Molina v. U.S....
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Date: Sep 2, 2025
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument Calendar,...
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Date: Sep 2, 2025
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger Introduction In United States v. Arael Martinez Perez, the U.S. Court of...
“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN

“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN

Date: Sep 2, 2025
“Groupthink Is Not Actual Malice”: Eleventh Circuit Clarifies the Evidentiary Threshold for Public-Figure Defamation in Dershowitz v. CNN Introduction In Alan M. Dershowitz v. Cable News Network,...
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute

Date: Aug 31, 2025
No Personal Jurisdiction from Plaintiff’s Forum-Based Counsel or Virtual Data-Room Access: Eleventh Circuit Clarifies Purposeful-Availment Limits Under Florida’s Long-Arm Statute Introduction In ECB...
CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules: Eleventh Circuit Clarifies in Gonzalez Castillo v. Commissioner

CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules: Eleventh Circuit Clarifies in Gonzalez Castillo v. Commissioner

Date: Aug 31, 2025
CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules Commentary on: Marta Gonzalez Castillo v. Commissioner of Social Security (11th Cir. Aug. 27, 2025)...
Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security

Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security

Date: Aug 31, 2025
Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security Court: U.S. Court of...
Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case

Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case

Date: Aug 31, 2025
Experience-Based Premium Rates and Private Fee Awards: Eleventh Circuit Affirms Lodestar Flexibility and Rejects Excessive Fines Challenge in Sanctions-Fee Case Introduction In Spencer Sheehan v. Big...
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