11th Circuit Case Commentaries

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings

Date: Sep 3, 2026

Younger Abstention and Judicial Immunity Bar Federal Collateral Attacks Seeking State-Judge Recusal, Case Transfers, and Reversal of Ongoing State Proceedings 1. Introduction Case: Aymara Sorhegui v....

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury

Date: Sep 3, 2026

Federal Illegality Is a Merits Issue, Not a Standing Bar, for Challenges to State Cannabis Licensing; Supremacy-Clause Invalidation Must Redress the Plaintiff’s Injury 1. Introduction Georgia Atlas,...

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions

Date: Sep 2, 2026

Good-Cause Disclosure of Bank Examination Materials and Prejudgment Interest from a Regulatory Consent-Order Date in Florida Fiduciary-Duty Derivative Actions Case: Bancor Group Inc v. Carlos...

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings

Date: Sep 2, 2026

Nondisclosure of Prior Litigation Is Not “Malicious” Under § 1915A(b)(1); Sanctions Must Proceed Under Inherent Powers with Bad-Faith Findings Introduction In Edgar Zuniga-Mejia v. Graceville CF...

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.)

Date: Sep 2, 2026

Failure to Object to a Magistrate Judge’s Report—and Failure to Invoke Civil Plain-Error Review—Waives ADEA Appellate Challenges (11th Cir.) Introduction Folasade Loye v. Emory University is an...

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal

Date: Sep 2, 2026

Merits Judgment Triggers “Second or Successive” § 2255 Status Despite Pending Appeal Introduction In Jeffrey Spivack v. United States (11th Cir. Aug. 31, 2026) (per curiam) (not for publication), the...

Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing

Date: Sep 2, 2026

Martinez Excuses Default, But § 2254(e)(2) Requires Claim-Specific Diligence: An Unrelated State Hearing Request Won’t Unlock a Federal Evidentiary Hearing 1. Introduction Orlando Hernandez v....

Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal

Date: Sep 2, 2026

Mootness Requires Munsingwear Vacatur When a Restitution-Lien Expiration Dispute Becomes Nonjusticiable on Appeal 1. Introduction In Ralph Pinson v. United States (11th Cir. Aug. 31, 2026) (per...

Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence

Date: Sep 2, 2026

Residential High-Speed Flight (and Discarding a Loaded Firearm) Supports U.S.S.G. § 3C1.2 Based on Reliable Video Evidence Introduction In United States v. Sherron Gary (11th Cir. Aug. 31, 2026)...

Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied

Date: Sep 2, 2026

Displaced Corporate Managers Cannot Assert Company Privilege; Loan-Fraud “Loss” Does Not Require Personal Gain; Restitution Offset Appeals Become Moot Once Credit Is Applied 1. Introduction Case:...

Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge

Date: Sep 2, 2026

Eleventh Circuit Clarifies That Routine Supervision, Non-Impactful Evaluations, and Delayed Resignations Do Not Support Title VII Retaliation or Constructive Discharge Introduction In William Gary v....

Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty

Date: Sep 2, 2026

Mass-Shooting Negligence Claims Trigger Assault-and-Battery Sublimits; Settlement Paying the Sublimit Exhausts Coverage and Ends the Insurer’s Defense Duty Introduction Case: James River Insurance...

Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage

Date: Sep 2, 2026

Emergency-Aid Seizures for Mental-Health Crises Are Judged Objectively (Not by Officer Motive), and Speculative “Muted Bodycam” Theories Cannot Defeat Qualified Immunity at the Pleading Stage Case:...

Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion

Date: Sep 2, 2026

Conceding ACCA Applicability at Sentencing “Invites” Predicate-Classification Error; Post-Erlinger Plain-Error Relief Requires Showing a Real Chance a Jury Would Find a Single Occasion Introduction...

Rule 702 Requires Field-Specific Expertise: A Treating Surgeon’s Product Use Cannot Supply Design/Manufacturing Causation; Georgia Negligent Manufacturing Needs More Than a Malfunction

Date: Sep 2, 2026

Rule 702 Requires Field-Specific Expertise: A Treating Surgeon’s Product Use Cannot Supply Design/Manufacturing Causation; Georgia Negligent Manufacturing Needs More Than a Malfunction Introduction...

“Apparent Conflict” Limits: No DOT–VE Conflict Where Security Guard DOT Excludes Heights/Machinery and Claimant Relies on a “Rabbit Trail” of Definitions

Date: Sep 2, 2026

“Apparent Conflict” Limits: No DOT–VE Conflict Where Security Guard DOT Excludes Heights/Machinery and Claimant Relies on a “Rabbit Trail” of Definitions 1. Introduction In Robert Battle v. Social...

Eleventh Amendment Sovereign Immunity Requires Dismissal Without Prejudice of ADA Title I (and Derivative Title V) Claims Against State University Boards; Ex parte Young Relief Unavailable Against State Agencies

Date: Sep 2, 2026

Eleventh Amendment Sovereign Immunity Requires Dismissal Without Prejudice of ADA Title I (and Derivative Title V) Claims Against State University Boards; Ex parte Young Relief Unavailable Against...

Objective Probable Cause Sustains a “Pretext” Traffic Stop and Rule 403 Permits Drug-Handling Phone Videos to Prove Constructive Possession and Maintaining a Drug Premises

Date: Sep 2, 2026

Objective Probable Cause Sustains a “Pretext” Traffic Stop and Rule 403 Permits Drug-Handling Phone Videos to Prove Constructive Possession and Maintaining a Drug Premises Case: United States v....

MDLEA Jurisdiction in Foreign EEZs and Keene Harmless-Error Treatment of Post-Dupree Career-Offender Misclassification

Date: Sep 2, 2026

MDLEA Jurisdiction in Foreign EEZs and Keene Harmless-Error Treatment of Post-Dupree Career-Offender Misclassification 1. Introduction This consolidated, non-argument Eleventh Circuit decision...

Florida Lewd-or-Lascivious Battery Categorically Triggers § 2252A(b)(1)’s 15-Year Mandatory Minimum as “Relating to … Abusive Sexual Conduct Involving a Minor”

Date: Sep 2, 2026

Florida Lewd-or-Lascivious Battery Categorically Triggers § 2252A(b)(1)’s 15-Year Mandatory Minimum as “Relating to … Abusive Sexual Conduct Involving a Minor” Introduction In United States v. Joshua...