11th Circuit Case Commentaries

Clarifying Subject-Matter Jurisdiction: Appealability of Stricken Pro Se Motions and Mootness of Subpoena Challenges

Date: Jan 30, 2025

Clarifying Subject-Matter Jurisdiction: Appealability of Stricken Pro Se Motions and Mootness of Subpoena Challenges Introduction United States v. Younes Ali is a consolidated, per curiam decision of...

Affirming §924(j) Aiding and Abetting Liability: Knowledge of Confederates’ Firearms and Violent Practices as Sufficient Mens Rea

Date: Jan 29, 2025

Affirming §924(j) Aiding and Abetting Liability: Knowledge of Confederates’ Firearms and Violent Practices as Sufficient Mens Rea Introduction This commentary examines the Eleventh Circuit’s decision...

Adverse Credibility and Denial of Asylum, Withholding of Removal, and CAT Relief: Admission of Embellishments as Specific and Cogent Reason

Date: Jan 29, 2025

Adverse Credibility and Denial of Asylum, Withholding of Removal, and CAT Relief: Admission of Embellishments as Specific and Cogent Reason Introduction Oscar Alberto Donaire-Jarquin, a native and...

Eleventh Circuit Clarifies Prejudice Standard for §2255 IAC Claims Involving Unseized Devices and Proprietary Software Logs

Date: Jan 28, 2025

Eleventh Circuit Clarifies Prejudice Standard for §2255 IAC Claims Involving Unseized Devices and Proprietary Software Logs Introduction This commentary examines the Eleventh Circuit’s January 27,...

Variance versus Departure: Rule 32(h) Notice and § 3553(a) Sentencing Factors in United States v. Pacheco Colon

Date: Jan 28, 2025

Variance versus Departure: Rule 32(h) Notice and § 3553(a) Sentencing Factors in United States v. Pacheco Colon Introduction United States v. Lenen Enrique Pacheco Colon (11th Cir. Jan. 27, 2025)...

Upholding Evidentiary and Sentencing Standards in Bank Robbery Conviction: Analysis of United States v. Mackroy

Date: Jan 24, 2025

Upholding Evidentiary and Sentencing Standards in Bank Robbery Conviction: Analysis of United States v. Mackroy Introduction The case of United States of America v. Latavis Deyonta Mackroy was...

Affirmation of Dismissal in Gaston v. City of Leesburg: Strengthening Standards for §1983 Claims

Date: Jan 24, 2025

Affirmation of Dismissal in Gaston v. City of Leesburg: Strengthening Standards for §1983 Claims Introduction In Gaston v. City of Leesburg, decided by the United States Court of Appeals for the...

Preservation of Appellate Rights Through Timely Objections under Fed. R. Civ. P. 72(a) and Eleventh Circuit Rule 3-1

Date: Jan 24, 2025

Preservation of Appellate Rights Through Timely Objections under Fed. R. Civ. P. 72(a) and Eleventh Circuit Rule 3-1 Introduction The case of Barry Lynn Gibson v. Dooly SP Warden (11th Cir. No....

Establishing Causation in Retaliation Claims under ADA and Title VII: Massa v. UPS

Date: Jan 24, 2025

Establishing Causation in Retaliation Claims under ADA and Title VII: Massa v. UPS Introduction The case of Jonathan Trent Massa v. Teamsters Local Union 79 and United Parcel Service, Inc. (UPS)...

“No Indefinite Leave” and “Causal‐Proximity” Principles in ADA and Title VII Retaliation Claims

Date: Jan 24, 2025

“No Indefinite Leave” and “Causal‐Proximity” Principles in ADA and Title VII Retaliation Claims Introduction This commentary examines the Eleventh Circuit’s decision in Jonathan Trent Massa v....

Clarifying the Intersection of Shotgun Pleadings and Statute of Limitations: Petlechkov v. Gilmer

Date: Jan 24, 2025

Clarifying the Intersection of Shotgun Pleadings and Statute of Limitations: Petlechkov v. Gilmer Introduction In the landmark case of Dimitar Petlechkov v. Joshua Paul Gilmer et al., decided by the...

Eighth Amendment Compliance of FBAR Penalties: Insights from United States v. Schwarzbaum

Date: Jan 24, 2025

Eighth Amendment Compliance of FBAR Penalties: Insights from United States v. Schwarzbaum Introduction United States of America v. Isac Schwarzbaum is a pivotal case that examines the...

Waiver of Appeal Rights in §1983 Claims: Analyzing Gibson v. Dooly State Prison

Date: Jan 24, 2025

Waiver of Appeal Rights in §1983 Claims: Analyzing Gibson v. Dooly State Prison Introduction The case Barry Lynn Gibson v. Dooly SP Warden et al. presents a pivotal examination of procedural...

Eleventh Circuit Affirms Adequacy of ALJ's Residual Functional Capacity Assessment in Disability Claims: Watson v. SSA

Date: Jan 24, 2025

Eleventh Circuit Affirms Adequacy of ALJ's Residual Functional Capacity Assessment in Disability Claims: Watson v. SSA Introduction In the case of Jary Watson v. Commissioner of Social Security, the...

Clarifying ADA Applicability and Retaliation Claims in Residential Lease Disputes: Philippeaux v. Miami Apartments Investors

Date: Jan 24, 2025

Clarifying ADA Applicability and Retaliation Claims in Residential Lease Disputes: Philippeaux v. Miami Apartments Investors Introduction In the case of Philippeaux v. Miami Apartments Investors,...

New Precedent: Standalone Interest Payment Obligations in Insurance Policies as Valid Causes of Action under Florida Statute §627.70131(5)(a)

Date: Jan 23, 2025

Standalone Interest Payment Obligations in Insurance Policies as Valid Causes of Action under Florida Statute §627.70131(5)(a) Introduction The case of Sandra Safont et al. v. State Farm Florida...

Strict Adherence to Federal Civil Procedure Rules for Pro Se Litigants: Analysis of Harrigan v. Rodriguez

Date: Jan 23, 2025

Strict Adherence to Federal Civil Procedure Rules for Pro Se Litigants: Analysis of Harrigan v. Rodriguez Introduction The case Leon F. Harrigan v. Ernesto Rodriguez involves an appeal by Leon...

Affirmation of Denial of Pre-Judgment Interest in Unjust Enrichment Claims Under Alabama Law

Date: Jan 23, 2025

Affirmation of Denial of Pre-Judgment Interest in Unjust Enrichment Claims Under Alabama Law Introduction In the case of William Harrison v. Steve James Forde and Cathexis Holdings LP, the United...

Eleventh Circuit Clarifies AEDPA One-Year Limitation Period in Context of State Supreme Court Jurisdiction

Date: Jan 23, 2025

Eleventh Circuit Clarifies AEDPA One-Year Limitation Period in Context of State Supreme Court Jurisdiction Introduction In the landmark case of Wilfredo Pereira v. Secretary, Department of...

Eleventh Circuit Clarifies Termination Clauses in Breach of Contract Claims Under Florida Law

Date: Jan 23, 2025

Eleventh Circuit Clarifies Termination Clauses in Breach of Contract Claims Under Florida Law Introduction In the case of Lewis C. McKinney, Jr., a.k.a. Mack McKinney, M2 Studio LLC, M2 Studio PLLC...