Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance I. Introduction In United States v. William Charles...
Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories 1. Introduction In Shaunda Sanders v. Elmington Property Management, LLC (11th Cir. Aug. 14, 2026)...
Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority 1. Introduction In United States v. Ricardo Villanueva-Martinez (11th...
RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding I. Introduction In Scott William Cartlidge v. Acting...
“Any Other Purpose” Means Any: Subpart R Allows Case-by-Case Approval of Phosphogypsum Road Projects, and Preamble Language Cannot Override Unambiguous Regulatory Text I. Introduction In Center for...
Subchapter S Election Is Not Property of the Bankruptcy Estate: Shareholder-Controlled Tax Status Falls Outside § 541 and the § 362 Automatic Stay Case: John H. Owoc v. The Liquidating Trustee on...
Express “Innocent-Insured” Intentional-Loss Exclusions Are Enforceable Under Alabama Law (and Hosey Does Not Create a Public-Policy Bar) 1. Introduction Case: Martin Renfroe v. USAA General Indemnity...
Georgia Sovereign Immunity Not Waived by Student Handbook/Admission Letter Absent Written Consideration; ADA/RA Claims Require Plausible “By Reason Of” Causation Case: Shannon Waller, Jr. v. Board of...
“As Necessary” Confers Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Crew Default and Treats Vacatur as Eliminating a Prior “Policy” for APA Change-in-Position Review Introduction In...
“As Necessary” Means Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Default Crew Rule and Rejects Vacatur for Missed Rulemaking Deadlines Introduction In Indiana Rail Road Company v....
“As Necessary” in the Federal Railroad Safety Act Confers Broad Discretion: Eleventh Circuit Upholds FRA’s Two-Person Crew Default with Risk-Based One-Person Pathways Introduction This consolidated...
“As Necessary” Means Discretion: FRA May Adopt Precautionary Two-Person Crew Rules Without Statistical Proof, and Missing the 12‑Month Rulemaking Deadline Does Not Void the Rule Case: Association of...
“As Necessary” Means Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Crew Rule and Rejects Deadline-Vacatur and Data-Threshold Attacks I. Introduction This consolidated set of...
“As Necessary” Means Discretion: Upholding FRA’s Two-Person Default Crew Rule Under Deferential APA Review Eleventh Circuit (Aug. 11, 2026) — consolidated petitions challenging FRA’s 2024 “Crew Size...
Post-Dismissal Allowance of § 503(b) Fees in Unconfirmed Chapter 13 Cases Under § 1326(a)(2) Case: Gregory Brian Myers v. Undine C. George Court: U.S. Court of Appeals for the Eleventh Circuit...
Circuit Split Bars Plain-Error Reversal of U.S.S.G. § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud 1. Introduction In United States v. Henry Abdo (11th...
Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks 1. Introduction United...
Implicit Highest-and-Best-Use Adoption and Deference to Tax Court Credibility Findings in Conservation-Easement Valuation 1. Introduction This consolidated Eleventh Circuit appeal arises from a...
Conservation Easement Valuation: Tax Court May Credit One Expert and Need Not Separately Articulate Highest-and-Best-Use Findings Where Parties Agree 1. Introduction Ralph G. Evans v. Commissioner of...
Florida Felony Battery Remains a Guidelines “Crime of Violence” After Borden: Borden Does Not Abrogate Vail-Bailon 1. Introduction In United States v. Thomas Sheely, Jr. (11th Cir. Aug. 13, 2026),...