11th Circuit Case Commentaries

ERISA LTD Benefits May Be Terminated for Failure to Provide Requested Financial Proof Under a Discretionary Plan

Date: Sep 4, 2026

ERISA LTD Benefits May Be Terminated for Failure to Provide Requested Financial Proof Under a Discretionary Plan Case: Judson Pankey v. Aetna Life Insurance Company (11th Cir. Sept. 3, 2026) (per...

Appointments-Clause Remedies Are Limited to Actions Taken Under Unconstitutionally Delegated “Veto” Authority (Magnuson-Stevens Councils)

Date: Sep 4, 2026

Appointments-Clause Remedies Are Limited to Actions Taken Under Unconstitutionally Delegated “Veto” Authority (Magnuson-Stevens Councils) I. Introduction Case: Dominick Russo v. Secretary, U.S....

Rule 41(b) Dismissals for Violating Filing Injunctions Must Be Without Prejudice When Defendants Are Unserved

Date: Sep 4, 2026

Rule 41(b) Dismissals for Violating Filing Injunctions Must Be Without Prejudice When Defendants Are Unserved 1. Introduction In Waseem Daker v. Gregory Dozier (11th Cir. Sept. 3, 2026)...

Indefinite Remote Work Is Not a Reasonable ADA Accommodation When It Eliminates an Essential In-Person Student-Supervision Function

Date: Sep 4, 2026

Indefinite Remote Work Is Not a Reasonable ADA Accommodation When It Eliminates an Essential In-Person Student-Supervision Function Case: Nilsa Agrait v. Hillsborough County Public Schools (11th Cir....

Rule 60(b) “Reasonable Time” Is Independent of the One-Year Cap: Five-Month Delay Without a Concrete Justification Is Untimely

Date: Sep 3, 2026

Rule 60(b) “Reasonable Time” Is Independent of the One-Year Cap: Five-Month Delay Without a Concrete Justification Is Untimely I. Introduction In Varondria Williams v. Edward J. Fay (11th Cir. Sept....

Eleventh Circuit: Non-Comparator “Same-Misconduct” Evidence and Shifting Explanations Can Create a Convincing Mosaic (and Pretext) Defeating Summary Judgment

Date: Sep 3, 2026

Eleventh Circuit: Non-Comparator “Same-Misconduct” Evidence and Shifting Explanations Can Create a Convincing Mosaic (and Pretext) Defeating Summary Judgment Case: Anne Guthrie (Administrator for the...

No “Office of Relator”: FCA Qui Tam Relators Are Not Article II Officers Because They Do Not Hold a Continuing Position

Date: Sep 3, 2026

No “Office of Relator”: FCA Qui Tam Relators Are Not Article II Officers Because They Do Not Hold a Continuing Position 1. Introduction Case: Clarissa Zafirov v. Florida Medical Associates, LLC (with...

Title VI Entity Liability Requires Policy or Authorized Official Knowledge; No Clearly Established Due Process Right in Academic Grading

Date: Sep 3, 2026

Title VI Entity Liability Requires Policy or Authorized Official Knowledge; No Clearly Established Due Process Right in Academic Grading Introduction Arebe Taylor, a Black student originally from...

Firm Resettlement Bar Applies Upon Grant of Mexican Permanent Residence; Private-Actor Gang Threats Do Not Trigger the Restricted-Residence Exception Absent Government-Imposed Constraints

Date: Sep 3, 2026

Firm Resettlement Bar Applies Upon Grant of Mexican Permanent Residence; Private-Actor Gang Threats Do Not Trigger the Restricted-Residence Exception Absent Government-Imposed Constraints I....

Pendent Appellate Jurisdiction to Review Trademark Cancellation When “Inextricably Intertwined” with an Interlocutory Lanham Act Injunction

Date: Sep 3, 2026

Pendent Appellate Jurisdiction to Review Trademark Cancellation When “Inextricably Intertwined” with an Interlocutory Lanham Act Injunction Introduction Hammer Brand, LLC (doing business as Wolf...

Strict Enforcement of § 405(g)’s 65-Day Filing Window and Narrow Equitable Tolling in Social Security Appeals

Date: Sep 3, 2026

Strict Enforcement of § 405(g)’s 65-Day Filing Window and Narrow Equitable Tolling in Social Security Appeals 1. Introduction In John E. Cole, Jr. v. Commissioner, Social Security Administration...

Federal Courts Must Abstain from Florida Property-Tax Exemption Disputes Under the Tax Injunction Act and Comity; Jurisdictional Dismissals Must Be Without Prejudice

Date: Sep 3, 2026

Federal Courts Must Abstain from Florida Property-Tax Exemption Disputes Under the Tax Injunction Act and Comity; Jurisdictional Dismissals Must Be Without Prejudice Case: Joshua Jordan v. Bob...

Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims

Date: Sep 3, 2026

Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims 1. Introduction United States v. Cesar Alvarez (11th Cir. Sept....

Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders

Date: Sep 3, 2026

Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders Introduction In United States v....

Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7)

Date: Sep 3, 2026

Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7) Introduction In United States v. Jose David Figueroa...

Potential-to-Facilitate Rule for §2K2.1(b)(6)(B) During Vehicular Flight; No Double Counting with §3C1.2

Date: Sep 3, 2026

Potential-to-Facilitate Rule for U.S.S.G. §2K2.1(b)(6)(B) During Vehicular Flight; No Impermissible Double Counting with §3C1.2 Case: United States v. Taris Devoe Hollomon (11th Cir. Sept. 1, 2026)...

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm

Date: Sep 3, 2026

PFAS Disclaimers Cannot Defeat Federal-Officer Removal When the Gravamen Is Riverwide Contamination and a Contractor Plausibly Links AFFF to the Harm Case: The Town of Pine Hill, Alabama v. 3M...

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a)

Date: Sep 3, 2026

Procedural Reasonableness: No Error When a District Court Omits Explicit Discussion of a Psychological Evaluation Yet Acknowledges and Applies § 3553(a) Case: United States v. Edward Cordovez (11th...

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance

Date: Sep 3, 2026

Public-Policy Rejection of an Offer-in-Compromise May Stand Despite Collectability Disputes When Undisputed Noncompliance Would Undermine Voluntary Compliance I. Introduction Case: Andrew Filipowski...

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection

Date: Sep 3, 2026

Guideline-Driven Statutory-Maximum Revocation Sentences Upheld When Grounded in Deterrence and Public Protection Case: United States v. Christopher Lewis (11th Cir. Sept. 2, 2026) (per curiam)...