11th Circuit Case Commentaries

Non-Party Removal as a Waivable Procedural Defect: New Insights on Jurisdiction and Service-of-Process

Date: Feb 22, 2025

Non-Party Removal as a Waivable Procedural Defect: New Insights on Jurisdiction and Service-of-Process Introduction The case of James H. Wilson, III v. Hearos, LLC represents a multifaceted legal...

Clarifying Statute of Limitations and Pro Se Pleading Standards under §1983: Insights from Dover Davis v. Officer Swann

Date: Feb 22, 2025

Clarifying Statute of Limitations and Pro Se Pleading Standards under §1983: Insights from Dover Davis v. Officer Swann Introduction The case of Dover Davis, Jr. v. Officer Aaron Swann, decided by...

Prohibition on Dual Firearm Enhancements and Confirmation of Search Doctrine: United States v. Azari Gonzalez

Date: Feb 22, 2025

Prohibition on Dual Firearm Enhancements and Confirmation of Search Doctrine: United States v. Azari Gonzalez Introduction United States v. Azari Gonzalez is a 2025 decision by the Eleventh Circuit...

Limitation on Implied Statutory Interest Claims in Insurance Contracts Under Fla. Stat. § 627.70131

Date: Feb 22, 2025

Limitation on Implied Statutory Interest Claims in Insurance Contracts Under Fla. Stat. § 627.70131 Introduction Joan Riley, Linda Scott, Willie James Williams, Willie Mae Williams, Cristobalina...

Establishing Actual Conflict in Joint Representation with Divergent Mandatory Minimums

Date: Feb 22, 2025

Establishing Actual Conflict in Joint Representation with Divergent Mandatory Minimums Introduction Keithon Stanley v. Secretary, Florida Department of Corrections (11th Cir. Feb. 21, 2025) addresses...

Implicit Incorporation of Statutory Interest Provision Does Not Override Florida’s Private-Action Bar

Date: Feb 22, 2025

Implicit Incorporation of Statutory Interest Provision Does Not Override Florida’s Private-Action Bar Introduction In James Willie Williams et al. v. Universal Property & Casualty Insurance Co....

New Precedent: Reckless Disregard Standard and Mandatory Pre-Discharge Objection for Inconsistent Special Verdicts

Date: Feb 21, 2025

New Precedent: Reckless Disregard Standard and Mandatory Pre-Discharge Objection for Inconsistent Special Verdicts Introduction AJ O’Laughlin v. Palm Beach County, decided by the Eleventh Circuit on...

RIF Pretext Standard Under Title VII Clarified: Convincing Mosaic and Exhaustion Requirements Reaffirmed

Date: Feb 21, 2025

RIF Pretext Standard Under Title VII Clarified: Convincing Mosaic and Exhaustion Requirements Reaffirmed Introduction In Shelia Gray v. Board of Trustees of the Georgia Military College, the Eleventh...

Officer Safety Exception Permits Limited Contraband Inquiry During Ongoing Traffic Stops

Date: Feb 21, 2025

Officer Safety Exception Permits Limited Contraband Inquiry During Ongoing Traffic Stops Introduction United States v. Floyd Green, Jr. presents a Fourth Amendment challenge to a routine traffic stop...

FTCA Presentment Clarified: Administrative Remedy Program Filings Insufficient

Date: Feb 21, 2025

FTCA Presentment Clarified: Administrative Remedy Program Filings Insufficient Introduction This commentary examines the Eleventh Circuit’s decision in Daniel L. Morgan v. United States, No. 23-12875...

Establishing the Validity of Corrective Mortgage Amendments via Attorney-in-Fact Authority in Foreclosure

Date: Feb 20, 2025

Establishing the Validity of Corrective Mortgage Amendments via Attorney-in-Fact Authority in Foreclosure Introduction The case of Non Performing LLC, Oslo Group LLC v. John E. Tyre, a.k.a. John...

Restricting the Actual Innocence Exception: Limitations on Cumulative Impeachment Evidence Under AEDPA

Date: Feb 18, 2025

Restricting the Actual Innocence Exception: Limitations on Cumulative Impeachment Evidence Under AEDPA Introduction The case of James Thomas Stimpson v. Warden presents a detailed inquiry into the...

Reinforcing Comparator Analysis and Causal Inference Standards in Title VII Discrimination and Retaliation Claims

Date: Feb 18, 2025

Reinforcing Comparator Analysis and Causal Inference Standards in Title VII Discrimination and Retaliation Claims Introduction The case of Cynthia Fletcher v. J.M. Smucker Company, The, and Big Heart...

Limiting the Bank Rule: Its Non-Applicability to Summary Judgment for Pro Se Prisoners

Date: Feb 18, 2025

Limiting the Bank Rule: Its Non-Applicability to Summary Judgment for Pro Se Prisoners Introduction The case of Michael Horton v. Captain Gilchrist, John Doe (Officer), Richard Doe, and Lt. Thomas...

Clarifying the Limits of Warrantless Pole Camera Surveillance: New Precedents on Fourth Amendment Applications

Date: Feb 18, 2025

Clarifying the Limits of Warrantless Pole Camera Surveillance: New Precedents on Fourth Amendment Applications Introduction This opinion from the United States Court of Appeals for the Eleventh...

Reaffirming Qualified Immunity in the Face of Arguable Probable Cause: A Commentary on Kemp v. Pogorzelski

Date: Feb 18, 2025

Reaffirming Qualified Immunity in the Face of Arguable Probable Cause: A Commentary on Kemp v. Pogorzelski Introduction The United States Court of Appeals for the Eleventh Circuit recently addressed...

Balancing § 3553(a) Factors in Sentencing: Insights from United States v. Rhasheel Charles

Date: Feb 17, 2025

Balancing § 3553(a) Factors in Sentencing: Insights from United States v. Rhasheel Charles Introduction The case of United States of America v. Rhasheel Charles presents a pivotal examination of...

Enhancing Defendant Rights: The Mosley Decision on Jones Compliance and Allocution in Supervised Release Revocations

Date: Feb 17, 2025

Enhancing Defendant Rights: The Mosley Decision on Jones Compliance and Allocution in Supervised Release Revocations Introduction The landmark case of United States of America v. Karijmah Tremaine...

Affirmation of ACCA Enhancements and Validity of Sentence-Appeal Waivers in United States v. Gray

Date: Feb 17, 2025

Affirmation of ACCA Enhancements and Validity of Sentence-Appeal Waivers in United States v. Gray Introduction United States v. Joseph Gray is a pivotal case adjudicated by the United States Court of...

Actual Innocence Requires More Than Impeachment: Clarifying the AEDPA Timeliness Exception

Date: Feb 14, 2025

Actual Innocence Requires More Than Impeachment: Clarifying the AEDPA Timeliness Exception Introduction Case: James Thomas Stimpson v. Warden Court: United States Court of Appeals for the Eleventh...