11th Circuit Case Commentaries

Statute of Limitations Bars Remedies, Not Contractual Compliance: Time-Barred Share Transfers Cannot Confer “Group B” Status to Validate Later Transfers

Date: Aug 13, 2026

Statute of Limitations Bars Remedies, Not Contractual Compliance: Time-Barred Share Transfers Cannot Confer “Group B” Status to Validate Later Transfers I. Introduction Robert Martin v. Eric Bischoff...

Amendment 833 Is a Substantive Guideline Change and Cannot Be Applied Retroactively on Direct Appeal

Date: Aug 13, 2026

Amendment 833 Is a Substantive Guideline Change and Cannot Be Applied Retroactively on Direct Appeal Case: United States v. Kenneth Steele (11th Cir. Aug. 11, 2026) (per curiam) (Not for Publication)...

Renewed Compassionate-Release Motions: Controlled Medical Conditions Fail Under U.S.S.G. § 1B1.13(b)(1), and Courts May Reaffirm Prior § 3553(a) Findings Absent Material Change

Date: Aug 13, 2026

Renewed Compassionate-Release Motions: Controlled Medical Conditions Fail Under U.S.S.G. § 1B1.13(b)(1), and Courts May Reaffirm Prior § 3553(a) Findings Absent Material Change Case: United States v....

Attempts to Produce Child Pornography Qualify as “Prohibited Sexual Conduct” and Can Establish a § 4B1.5(b) “Pattern of Activity”

Date: Aug 13, 2026

Attempts to Produce Child Pornography Qualify as “Prohibited Sexual Conduct” and Can Establish a § 4B1.5(b) “Pattern of Activity” I. Introduction In United States v. Gilberto Vazquez Gomez (11th Cir....

Deadly Force Is Reasonable Against an Advancing, Armed, Noncompliant Suspect Despite Low-Level Offense; Nonverbal Warning May Suffice

Date: Aug 13, 2026

Deadly Force Is Reasonable Against an Advancing, Armed, Noncompliant Suspect Despite Low-Level Offense; Nonverbal Warning May Suffice 1. Introduction In Wilver Catarino v. Banks County Sheriff (11th...

Pleading Deliberate Indifference After an Inmate Murder: Lane-Like Allegations at One Prison Suffice, and Doe Defendants Should Not Be Dismissed Where Discovery Will Unmask Redacted Officers

Date: Aug 13, 2026

Pleading Deliberate Indifference After an Inmate Murder: Lane-Like Allegations at One Prison Suffice, and Doe Defendants Should Not Be Dismissed Where Discovery Will Unmask Redacted Officers 1....

Reopening Bar for Eritrea Claims: Diaspora Activism and Family Targeting Treated as Personal Circumstances Absent Material Country-Condition Change

Date: Aug 13, 2026

Reopening Bar for Eritrea Claims: Diaspora Activism and Family Targeting Treated as Personal Circumstances Absent Material Country-Condition Change 1. Introduction In Daniel Habtemariam v. U.S....

“Understanding” Testimony Identifying a Phone Number Is Not Hearsay When Offered to Explain Investigative Steps; Strong Presumption Against Impeachment with Stale Convictions

Date: Aug 13, 2026

“Understanding” Testimony Identifying a Phone Number Is Not Hearsay When Offered to Explain Investigative Steps; Strong Presumption Against Impeachment with Stale Convictions I. Introduction In...

Loss Attribution Under U.S.S.G. § 1B1.3(a)(1)(B) Requires Substantial Evidence of a Jointly Undertaken Agreement—Foreseeability Alone Is Not Enough

Date: Aug 13, 2026

Loss Attribution Under U.S.S.G. § 1B1.3(a)(1)(B) Requires Substantial Evidence of a Jointly Undertaken Agreement—Foreseeability Alone Is Not Enough I. Introduction In United States v. Julian Lopez...

Rule 9(b) Requires Particularized Pleading of Reliance for Florida Fraud-Based Claims (Including Aiding-and-Abetting and Conspiracy)

Date: Aug 13, 2026

Rule 9(b) Requires Particularized Pleading of Reliance for Florida Fraud-Based Claims (Including Aiding-and-Abetting and Conspiracy) Introduction In Sharon McTurk v. Lottery.com, Inc. (11th Cir. Aug....

ADA Causation in Failure-to-Accommodate Claims: Termination May Be Attributable to Ignored Accommodation Requests Even When the Firing Decisionmaker Lacks Disability Knowledge

Date: Aug 13, 2026

ADA Causation in Failure-to-Accommodate Claims: Termination May Be Attributable to Ignored Accommodation Requests Even When the Firing Decisionmaker Lacks Disability Knowledge 1. Introduction In...

Retaliation Requires Decisionmaker Knowledge of Protected Activity, and Appellate Review Requires Challenging Each Independent Ground

Date: Aug 13, 2026

Retaliation Requires Decisionmaker Knowledge of Protected Activity, and Appellate Review Requires Challenging Each Independent Ground 1. Introduction In Ronald King v. Day & Zimmermann NPS, Inc....

Pleading Sets the Case: Summary Judgment Evidence Must Match the Disparate-Treatment Theory Plausibly Alleged in Union Referral Disputes

Date: Aug 13, 2026

Pleading Sets the Case: Summary Judgment Evidence Must Match the Disparate-Treatment Theory Plausibly Alleged in Union Referral Disputes 1. Introduction Ronald King, Anthony Robinson, Chris Samuel,...

Uncapped “All Costs” Liability in Florida Concurrency Agreements; Rights Assignment Does Not Transfer Contractual Obligations Without Express Assumption

Date: Aug 13, 2026

Uncapped “All Costs” Liability in Florida Concurrency Agreements; Rights Assignment Does Not Transfer Contractual Obligations Without Express Assumption 1. Introduction In Southeast Development...

Limited Leave to Amend After Discovery and the Evidentiary Bar for FHA Disparate-Treatment and Hostile-Housing Claims

Date: Aug 13, 2026

Limited Leave to Amend After Discovery and the Evidentiary Bar for FHA Disparate-Treatment and Hostile-Housing Claims I. Introduction Kanayo Derhem v. Bay House Miami Condominium Association (11th...

AEDPA “Atkins-Only” Review of Intellectual-Disability Claims: Hall/Moore Non-Retroactivity and Deference to State Findings (Franqui)

Date: Aug 13, 2026

AEDPA “Atkins-Only” Review of Intellectual-Disability Claims: Hall/Moore Non-Retroactivity and Deference to State Findings (Franqui) 1. Introduction In Leonardo Franqui v. Secretary, Florida...

Strict “Policy Limits” Exhaustion for Umbrella Coverage Under Florida Law

Date: Aug 13, 2026

Strict “Policy Limits” Exhaustion for Umbrella Coverage Under Florida Law I. Introduction RLI Insurance Company v. John Lehman (11th Cir. Aug. 7, 2026) addresses a recurring dispute in...

Armed Drug-Turf Shootouts: Negligent Self-Creation Defeats Self-Defense Against the § 2D1.1(d)(1) Murder Cross-Reference

Date: Aug 8, 2026

Armed Drug-Turf Shootouts: Negligent Self-Creation Defeats Self-Defense Against the § 2D1.1(d)(1) Murder Cross-Reference I. Introduction In United States v. Cristian Ponce (11th Cir. Aug. 7, 2026),...

Rule 41(b) Dismissal-with-Prejudice Requires More Than a Short-Deadline Misstep by a Pro Se Conventional Filer

Date: Aug 7, 2026

Rule 41(b) Dismissal-with-Prejudice Requires More Than a Short-Deadline Misstep by a Pro Se Conventional Filer Case: Michelle Maupin v. School Board of Miami-Dade County (11th Cir. Aug. 5, 2026) (per...

Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control

Date: Aug 7, 2026

Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control 1. Introduction United States v. Augustus C. Romain,...