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  • Commentaries
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11th Circuit Case Commentaries

Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Date: Dec 9, 2025
Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025) I. Introduction The Eleventh Circuit’s unpublished decision in United States v. Brian Dublynn, No. 24-12476...
No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
No Sua Sponte Duty to Apply Intervening Precedent or Entertain New Legal Theories on Reconsideration: A Commentary on Lazaro Pigueiras v. U.S. Attorney General (11th Cir.) I. Introduction This...
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General I. Introduction The consolidated petitions in Lazaro...
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Date: Dec 9, 2025
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions I. Introduction The...

    Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Date: Dec 7, 2025
Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ahmed S. Ismael v. Sheriff Richard Roundtree I. Introduction In Ahmed S. Ismael v....
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Date: Dec 7, 2025
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: A Commentary on Florida Agency for Health Care Administration v. CMS (11th Cir. 2025) I. Introduction This Eleventh...
Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Date: Dec 7, 2025
Optional Employer-Provided Transportation, Tool Time, and Waiting Time Are Not Compensable Under the FLSA When Not Integral and Indispensable: Commentary on Villarino v. Pacesetter Personnel Service,...
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Date: Dec 7, 2025
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General I. Introduction This commentary analyzes the unpublished per curiam...
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Date: Dec 7, 2025
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings Commentary on: Phyllis J. Geyer v. Commissioner of Social Security, No. 24‑11246...
Narrow Tailoring and Vehicular Buffer Zones: The Eleventh Circuit’s Application of McCullen and Moody in Florida Preborn Rescue v. City of Clearwater

Narrow Tailoring and Vehicular Buffer Zones: The Eleventh Circuit’s Application of McCullen and Moody in Florida Preborn Rescue v. City of Clearwater

Date: Dec 5, 2025
Narrow Tailoring and Vehicular Buffer Zones: The Eleventh Circuit’s Application of McCullen and Moody in Florida Preborn Rescue v. City of Clearwater I. Introduction In Florida Preborn Rescue, Inc....

        Propensity for Violence and Upward Variances in Felon-in-Possession Sentencing:
        A Commentary on United States v. Ware (11th Cir.)

Propensity for Violence and Upward Variances in Felon-in-Possession Sentencing: A Commentary on United States v. Ware (11th Cir.)

Date: Dec 5, 2025
Propensity for Violence as a Justification for Significant Upward Variances in Felon-in-Possession Sentences: Commentary on United States v. Ware I. Introduction In United States v. Kentravious...
United States v. Spencer: Credit for Legitimate Services in Fraud Loss and Restitution Calculations

United States v. Spencer: Credit for Legitimate Services in Fraud Loss and Restitution Calculations

Date: Dec 5, 2025
United States v. Spencer: Credit for Legitimate Services in Fraud Loss and Restitution Calculations I. Introduction In United States v. Frederick Andre Spencer, No. 24‑13026 (11th Cir. Dec. 4, 2025)...
Intrinsic Drug-Trafficking Evidence, Structuring Inferences, and Harmless Guideline Error: Commentary on United States v. Frazier

Intrinsic Drug-Trafficking Evidence, Structuring Inferences, and Harmless Guideline Error: Commentary on United States v. Frazier

Date: Dec 5, 2025
Intrinsic Drug-Trafficking Evidence, Structuring Inferences, and Harmless Guideline Error: Commentary on United States v. Frazier I. Introduction The Eleventh Circuit’s unpublished, per curiam...
United States v. Smith: Mandate-Rule Limits on Bruen-Based § 922(g)(1) Challenges and Incorporation-by-Reference of Standard Supervised Release Conditions

United States v. Smith: Mandate-Rule Limits on Bruen-Based § 922(g)(1) Challenges and Incorporation-by-Reference of Standard Supervised Release Conditions

Date: Dec 5, 2025
United States v. Smith: Mandate-Rule Limits on Bruen-Based § 922(g)(1) Challenges and Incorporation-by-Reference of Standard Supervised Release Conditions I. Introduction In United States v. Benjamin...
Voluntary Dismissals, Moot Injunctions, and Pro Se Counterclaims: Commentary on Ain Jeem, Inc. v. Puckett (11th Cir.)

Voluntary Dismissals, Moot Injunctions, and Pro Se Counterclaims: Commentary on Ain Jeem, Inc. v. Puckett (11th Cir.)

Date: Dec 5, 2025
Voluntary Dismissals, Moot Injunctions, and Pro Se Counterclaims: A Comprehensive Commentary on Ain Jeem, Inc. v. Puckett (11th Cir.) 1. Introduction The Eleventh Circuit’s unpublished decision in...
Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America

Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America

Date: Dec 4, 2025
Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America I. Introduction This commentary examines...
Ancestral Grants, Ejectment, and Pleading Standards: Commentary on Brown v. Israel (11th Cir. 2025)

Ancestral Grants, Ejectment, and Pleading Standards: Commentary on Brown v. Israel (11th Cir. 2025)

Date: Dec 4, 2025
Ancestral Land Grants Are Not Enough: The Eleventh Circuit’s Application of Georgia Ejectment Law and Federal Pleading Standards in Brown v. Israel I. Introduction This commentary analyzes the...
United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi

United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi

Date: Dec 4, 2025
United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi I. Introduction United States v. Morrissette, No. 24-10353 (11th Cir. Dec. 3,...
Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment: Commentary on Teresa Boyd v. U.S. Postmaster General

Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment: Commentary on Teresa Boyd v. U.S. Postmaster General

Date: Dec 4, 2025
Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment Commentary on Teresa Boyd v. U.S. Postmaster General (11th Cir. Dec. 3, 2025) I. Introduction The Eleventh...
AEDPA Deference and the Narrow Reach of Cronic: Commentary on Singh v. Secretary, Department of Corrections

AEDPA Deference and the Narrow Reach of Cronic: Commentary on Singh v. Secretary, Department of Corrections

Date: Dec 4, 2025
AEDPA Deference and the Narrow Reach of Cronic: Commentary on Kenard Singh v. Secretary, Department of Corrections I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished per...
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