11th Circuit Case Commentaries

Expanding Anti-Kickback Liability to Third-Party Marketers: United States v. Anderson

Date: Jan 4, 2025

Expanding Anti-Kickback Liability to Third-Party Marketers: United States v. Anderson Introduction The Court of Appeals for the Eleventh Circuit’s decision in United States v. Nelly Anderson (11th...

United States v. Nelly Anderson: Strengthening Anti-Kickback Enforcement in Medicare Referral Schemes

Date: Jan 4, 2025

United States v. Nelly Anderson: Strengthening Anti-Kickback Enforcement in Medicare Referral Schemes Introduction United States v. Nelly Anderson is a pivotal case adjudicated by the United States...

Eleventh Circuit Upholds Ordinance Restricting Recording in Police Headquarters

Date: Jan 4, 2025

Eleventh Circuit Upholds Ordinance Restricting Recording in Police Headquarters Introduction In the case of Jerry L. Hoffman, Jr. v. Jose Delgado et al., the United States Court of Appeals for the...

Hoffman v. Delgado: Upholding Reasonable Anti-Filming Regulations in Limited Public Forums and the De Minimis Force Doctrine

Date: Jan 4, 2025

Hoffman v. Delgado: Upholding Reasonable Anti-Filming Regulations in Limited Public Forums and the De Minimis Force Doctrine Introduction This commentary examines the Eleventh Circuit’s January 3,...

Exhaustion of Administrative Remedies in Immigration Appeals: Insights from Joseph v. U.S. Attorney General

Date: Jan 3, 2025

Exhaustion of Administrative Remedies in Immigration Appeals: Insights from Joseph v. U.S. Attorney General Introduction The case of Marlissa Alexis Joseph v. U.S. Attorney General adjudicated by the...

Establishing Claim-Processing Exhaustion and Competency Safeguards in Immigration Removal Proceedings

Date: Jan 3, 2025

Establishing Claim-Processing Exhaustion and Competency Safeguards in Immigration Removal Proceedings Introduction Marlissa Alexis Joseph, a Haitian national and self-identified member of certain...

Affirmation of Plea Validity and Appeal Waiver in UNITED STATES v. Windham

Date: Jan 3, 2025

Affirmation of Plea Validity and Appeal Waiver in UNITED STATES v. Windham Introduction The case of United States of America v. Eric Alonzo Windham (22-11622) presents significant deliberations on...

Broad Interpretation of Helms-Burton Act Expands Personal Jurisdiction

Date: Jan 3, 2025

Broad Interpretation of Helms-Burton Act Expands Personal Jurisdiction Introduction In the landmark case of North American Sugar Industries, Inc. v. Xinjiang Goldwind Science & Technology Co., Ltd....

Exhaustion as a Claim-Processing Rule and Competency Safeguards in Immigration Withholding and CAT Relief

Date: Jan 3, 2025

Exhaustion as a Claim-Processing Rule and Competency Safeguards in Immigration Withholding and CAT Relief Introduction Marlissa Alexis Joseph, a Haitian national, petitioned for review of two Board...

United States v. Windham: Second Plea Hearing as Cure for Judicial Participation Errors and the Breadth of Sentence Appeal Waivers

Date: Jan 3, 2025

United States v. Windham: Second Plea Hearing as Cure for Judicial Participation Errors and the Breadth of Sentence Appeal Waivers Introduction United States v. Eric Alonzo Windham, No. 22-11622...

Affirmation of Conviction in Child Pornography and Extortion Case: United States v. Williams

Date: Jan 3, 2025

Affirmation of Conviction in Child Pornography and Extortion Case: United States v. Williams Introduction The case of United States of America v. Oscar Williams, Jr. represents a significant judicial...

Affirmation of ALJ's Discretion in Evaluating Medical Evidence: Watkins v. SSA

Date: Jan 3, 2025

Affirmation of ALJ's Discretion in Evaluating Medical Evidence: Watkins v. SSA Introduction In David B. Watkins v. Commissioner, Social Security Administration, the United States Court of Appeals for...

Affirmation of Upward Sentencing Variance Based on Extensive Criminal History: United States v. Hoskins

Date: Jan 3, 2025

Affirmation of Upward Sentencing Variance Based on Extensive Criminal History: United States v. Hoskins Introduction In the case of United States of America v. Jarvis Hoskins, the United States Court...

Judicial Discretion in Sentencing: Upward Variances for Criminal History Beyond Category VI and Non-Comparable Codefendants

Date: Jan 3, 2025

Judicial Discretion in Sentencing: Upward Variances for Criminal History Beyond Category VI and Non-Comparable Codefendants Introduction In United States v. Jarvis Hoskins (No. 24-10242), the...

Good Cause and Substantial Evidence in Mental Impairment Disability Claims: Watkins v. SSA Commissioner

Date: Jan 3, 2025

Good Cause and Substantial Evidence in Mental Impairment Disability Claims: Watkins v. SSA Commissioner Introduction In David B. Watkins v. Commissioner, Social Security Administration (No. 23-12765,...

District Court’s Discretion in Bankruptcy Appeals: Affirming Dismissal for Failure to Prosecute

Date: Jan 1, 2025

District Court’s Discretion in Bankruptcy Appeals: Affirming Dismissal for Failure to Prosecute Introduction Gregory Brian Myers (“Myers”), the debtor in a Chapter 13 case pending in the Middle...

Reaffirming Deterrence Through Recidivism in Sentencing: United States v. Montoya‐Martinez

Date: Jan 1, 2025

Reaffirming Deterrence Through Recidivism in Sentencing: United States v. Montoya‐Martinez Introduction United States v. Juan Bernardo Montoya‐Martinez (11th Cir. Dec. 31, 2024) is an Eleventh...

Direct Reliance and Corporate Veil-Piercing Standards in EB-5 Investor Fraud Claims

Date: Jan 1, 2025

Direct Reliance and Corporate Veil-Piercing Standards in EB-5 Investor Fraud Claims Introduction Chunhong Jia et al. (“Appellants”), citizens of the People’s Republic of China, invested under the...

Exceptional and Extremely Unusual Hardship Standard Affirmed in Lopez-Portillo v. U.S. Attorney General

Date: Dec 31, 2024

Exceptional and Extremely Unusual Hardship Standard Affirmed in Lopez-Portillo v. U.S. Attorney General Introduction In the landmark case of Rene Astul Lopez-Portillo v. U.S. Attorney General, the...

Perez v. Social Security Administration: Resolving Conflicts Between Vocational Expert Testimony and the Dictionary of Occupational Titles

Date: Dec 31, 2024

Perez v. Social Security Administration: Resolving Conflicts Between Vocational Expert Testimony and the Dictionary of Occupational Titles Introduction In Perez v. Commissioner, Social Security...