11th Circuit Case Commentaries

Rule 106 After the 2023 Amendment: Completeness Admits Only What Is Necessary to Cure Misleading Context—Not Duplicative or Standalone Exculpatory Interview Narrative

Date: Aug 7, 2026

Rule 106 After the 2023 Amendment: Completeness Admits Only What Is Necessary to Cure Misleading Context—Not Duplicative or Standalone Exculpatory Interview Narrative 1. Introduction United States v....

Eleventh Circuit: Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication” in Protected-Activity Jury Instructions

Date: Aug 7, 2026

Eleventh Circuit: Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication” in Protected-Activity Jury Instructions 1. Introduction In Davita M. Key v. Dynamic...

Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication of Unlawfulness” in Retaliation Jury Instructions

Date: Aug 7, 2026

Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication of Unlawfulness” in Retaliation Jury Instructions Case: Davita M. Key v. Hyundai Motor Manufacturing...

Standing Fixed at Filing in ADA/RA School-Accommodation Suits; No Per Se Liability from Blanket Accommodation Bans Without Proving Necessity

Date: Aug 7, 2026

Standing Fixed at Filing in ADA/RA School-Accommodation Suits; No Per Se Liability from Blanket Accommodation Bans Without Proving Necessity Case: L.E. v. Superintendent of Cobb County School...

Judicial Immunity Shields Alabama Probate Judges for Involuntary Commitment Orders Absent Clear Lack of Subject-Matter Jurisdiction

Date: Aug 7, 2026

Judicial Immunity Shields Alabama Probate Judges for Involuntary Commitment Orders Absent Clear Lack of Subject-Matter Jurisdiction 1. Introduction In Dalton D. Banks v. Tammy Brown, the Eleventh...

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment

Date: Aug 7, 2026

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment 1. Introduction In Svetlana N....

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership

Date: Aug 7, 2026

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership 1. Introduction...

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver

Date: Aug 7, 2026

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver 1. Introduction In United States v. Evan Graves (11th Cir. Aug. 6, 2026) (unpublished), the...

Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree

Date: Aug 7, 2026

Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree I. Introduction In United States v. Aunyis Cherry (11th Cir. Aug. 6, 2026)...

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing

Date: Jul 25, 2026

Bankruptcy Proofs of Claim Must Show an Enforceable Right to Payment at Filing Case: Bay United Holdings, LLC. v. INXS 7, LLC (In Re: Aegis Asset Management, LLC) Court: United States Court of...

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution

Date: Jul 25, 2026

Harding v. Seminole County Sheriff: No Title VII/FCRA Employer Liability Absent Supervisory Power or Notice; Probable Cause for Each Charged Offense Defeats § 1983/Fla. Malicious Prosecution 1....

Eleventh Circuit Reaffirms the “Same Sentence” Harmless-Error Rule for Alleged Guidelines Miscalculations

Date: Jul 25, 2026

Eleventh Circuit Reaffirms the “Same Sentence” Harmless-Error Rule for Alleged Guidelines Miscalculations 1. Introduction In United States v. Jerelle Jones (11th Cir. July 23, 2026) (per curiam) (not...

“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat

Date: Jul 25, 2026

“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat Introduction In United States v....

United States v. Gray Rivera — Commentary

Date: Jul 25, 2026

Producer’s Intent Governs “Lascivious Exhibition” in Hidden-Camera Recordings; Curative Instructions Can Neutralize Incremental Rule 414 Surprise Testimony 1. Introduction In United States v. Gray...

Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View

Date: Jul 25, 2026

Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View 1. Introduction In Tyler Canaris v. Michael McMaster (11th Cir. July 23, 2026) (unpublished), the Eleventh...

Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring

Date: Jul 25, 2026

Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring 1. Introduction In United States v. Jamarus...

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death

Date: Jul 24, 2026

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death 1. Introduction In Carrin v. Smiledge (11th Cir. July 23,...

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits

Date: Jul 24, 2026

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits Case: Luis Manuel Rodriguez v. Imperial Brands, PLC (11th Cir. July 23,...

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought

Date: Jul 24, 2026

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought Introduction In...

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement

Date: Jul 18, 2026

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement 1. Introduction In United States v. Augusto...