11th Circuit Case Commentaries

Active Interference Exception and Predecessor-Work Obligations: Limiting No-Damages-for-Delay Clauses in Construction Subcontracts

Date: Dec 6, 2024

Active Interference Exception and Predecessor-Work Obligations: Limiting No-Damages-for-Delay Clauses in Construction Subcontracts Introduction The consolidated appeal in GLF Construction Corporation...

Video Surveillance and Post-Incident Conduct as Probable Cause in False Arrest Claims

Date: Dec 6, 2024

Video Surveillance and Post-Incident Conduct as Probable Cause in False Arrest Claims Introduction The Eleventh Circuit’s decision in Donna Cooper v. Chief Financial Officer of Florida clarifies how...

Pruitt v. Universal Protection Service: Defining Comparator Standards Under the EPA and Title VII and Causation in Retaliation Claims

Date: Dec 5, 2024

Pruitt v. Universal Protection Service: Defining Comparator Standards Under the Equal Pay Act and Title VII and Causation in Retaliation Claims Introduction This commentary examines the Court of...

Asset Management Alone Insufficient for §3B1.1 Role Enhancement

Date: Dec 5, 2024

Asset Management Alone Insufficient for §3B1.1 Role Enhancement Introduction United States v. Pedro Santacruz, No. 23-12391 (11th Cir. Dec. 4, 2024) addressed the sentencing of Pedro Santacruz...

Defining Seizure Thresholds and Sentencing Enhancements in Felon Firearm Cases: United States v. Barnes

Date: Dec 5, 2024

Defining Seizure Thresholds and Sentencing Enhancements in Felon Firearm Cases: United States v. Barnes 1. Introduction In United States v. Steven Dewayne Barnes, Jr., No. 23-13861 (11th Cir. Dec. 4,...

Written Reference Pronouncement Satisfies Due Process for Standard Supervised Release Conditions

Date: Dec 5, 2024

Written Reference Pronouncement Satisfies Due Process for Standard Supervised Release Conditions Introduction United States v. Curtis Brown is a published decision of the Eleventh Circuit addressing...

Clarifying the Claimant’s Burden to Establish Composite Jobs in SSA Disability Decisions

Date: Dec 4, 2024

Clarifying the Claimant’s Burden to Establish Composite Jobs in SSA Disability Decisions Introduction In Charles Micaud v. Acting Commissioner of Social Security, the Eleventh Circuit addressed...

Rule 404(b) Identity Evidence and Aiding-and-Abetting Liability: United States v. Johnson Saint-Louis Precedent

Date: Dec 4, 2024

Rule 404(b) Identity Evidence and Aiding-and-Abetting Liability: United States v. Johnson Saint-Louis Precedent Introduction United States v. Johnson Saint-Louis, decided by the Eleventh Circuit on...

Clarification of Two-Step Framework for EPA and CFEPA Sex Discrimination Claims

Date: Dec 4, 2024

Clarification of Two-Step Framework for EPA and CFEPA Sex Discrimination Claims Introduction In Sha’ola Terrell v. Alabama State University, No. 23-13714 (11th Cir. Dec. 3, 2024), the United States...

No Vicarious Liability for Off-Duty Employee Conduct: Scope of Employment in Florida Negligence Claims

Date: Dec 3, 2024

No Vicarious Liability for Off-Duty Employee Conduct: Scope of Employment in Florida Negligence Claims Introduction Christine Cichowski et al. (“the Cichowskis”) sued CVS Pharmacy, Inc. (“CVS”) in...

Oral Pronouncement and Written Adoption of Discretionary Probation Conditions: Establishing Due Process Requirements in United States v. Nash

Date: Dec 3, 2024

Oral Pronouncement and Written Adoption of Discretionary Probation Conditions: Establishing Due Process Requirements in United States v. Nash Introduction United States v. Julia Nash (11th Cir. Dec....

Admissibility of Recorded Jailhouse Calls and Leadership Enhancement under USSG §3B1.1(a)

Date: Dec 3, 2024

Admissibility of Recorded Jailhouse Calls and Leadership Enhancement under USSG §3B1.1(a) Introduction United States v. Dieudruch Emmanuel, decided by the Eleventh Circuit on December 2, 2024,...

Affirmation of Substantive Reasonableness in Elevated Sentencing: United States v. Robinson

Date: Nov 28, 2024

Affirmation of Substantive Reasonableness in Elevated Sentencing: United States v. Robinson Introduction In the landmark case of United States of America v. Keshawn Jamarlin Robinson, the United...

Affirmation of Substantive Reasonableness of Significant Upward Variance in Sentencing Multi-Count Violent Offenses

Date: Nov 28, 2024

Affirmation of Substantive Reasonableness of Significant Upward Variance in Sentencing Multi-Count Violent Offenses Introduction United States v. Keshawn Jamarlin Robinson is a published Eleventh...

Enforcement of Judicial Sanctions and Timely Relief under Rule 60(b) in Dial HD v. ClearOne

Date: Nov 28, 2024

Enforcement of Judicial Sanctions and Timely Relief under Rule 60(b) in Dial HD v. ClearOne Introduction The case of Dial HD, Inc. v. ClearOne Communications, Inc. revolves around the enforcement of...

Voltz v. United States: Clarifying ACCA's "Serious Drug Offense" under the Categorical Approach

Date: Nov 27, 2024

Voltz v. United States: Clarifying ACCA's "Serious Drug Offense" under the Categorical Approach Introduction In the case of United States of America v. Donald Conelious Voltz, decided on November 26,...

ACCA Enhancements: Categorical Approach to Marijuana Convictions and Harmless Error in Judicial Predicate Findings

Date: Nov 27, 2024

ACCA Enhancements: Categorical Approach to Marijuana Convictions and Harmless Error in Judicial Predicate Findings Introduction United States v. Donald Conelious Voltz, No. 22-10733 (11th Cir. Nov....

Eleventh Circuit Establishes Objective Basis Standard for Attorney's Fees under 28 U.S.C. §1447(c)

Date: Nov 26, 2024

Eleventh Circuit Establishes Objective Basis Standard for Attorney's Fees under 28 U.S.C. §1447(c) Introduction The Eleventh Circuit Court of Appeals delivered a pivotal decision on November 22,...

Ramirez v. Walmart: Clarifying the Rule 8 Plausibility Standard under the Florida Civil Rights Act and Discretion to Deny Leave to Amend

Date: Nov 26, 2024

Ramirez v. Walmart: Clarifying the Rule 8 Plausibility Standard under the Florida Civil Rights Act and Discretion to Deny Leave to Amend Introduction Sandra Ramirez, a store employee at Walmart,...

Defining the Bounds of Justification Defense and Sentencing Enhancement Burdens in § 922(g)(1) Prosecutions

Date: Nov 26, 2024

Defining the Bounds of Justification Defense and Sentencing Enhancement Burdens in § 922(g)(1) Prosecutions Introduction In United States v. Aaron Green, Jr. (11th Cir. 2024), the Court of Appeals...