11th Circuit Case Commentaries

Eleventh Circuit Clarifies No § 851(b) Colloquy Is Required When § 851(e)’s Five-Year Bar Forecloses Attacks on Prior Convictions

Date: Nov 11, 2025

Eleventh Circuit Clarifies No § 851(b) Colloquy Is Required When § 851(e)’s Five-Year Bar Forecloses Attacks on Prior Convictions Introduction In United States v. Adal Antonio Navas Feliciano, the...

JASTA’s “Mere Negligence” Excludes Only Ordinary Negligence; Omissions Are Categorically Barred; Proximate Cause Governs “Caused By” — Eleventh Circuit Partially Lifts Saudi Arabia’s FSIA Immunity in the Pensacola NAS Shooting

Date: Nov 11, 2025

JASTA’s “Mere Negligence” Excludes Only Ordinary Negligence; Omissions Are Categorically Barred; Proximate Cause Governs “Caused By” — Eleventh Circuit Partially Lifts Saudi Arabia’s FSIA Immunity in...

Ambiguous “Occurrence” Under Florida Law Must Be Construed in Favor of the Insured: Parkland Mass Shooting Is a Single Occurrence; Early Declaratory Actions Are Justiciable; No “Sophisticated Insured” Exception; Threatened Denials Trigger Fee-Shifting

Date: Nov 11, 2025

Ambiguous “Occurrence” Under Florida Law Must Be Construed in Favor of the Insured: Parkland Mass Shooting Is a Single Occurrence; Early Declaratory Actions Are Justiciable; No “Sophisticated...

Ambiguity Controls: Eleventh Circuit Holds Parkland Mass Shooting Is a Single “Occurrence” Under Florida Law; Early Declaratory Actions Are Justiciable and Fee-Shifting Applies to Threatened Denials

Date: Nov 11, 2025

Ambiguity Controls: Eleventh Circuit Holds Parkland Mass Shooting Is a Single “Occurrence” Under Florida Law; Early Declaratory Actions Are Justiciable and Fee-Shifting Applies to Threatened Denials...

Florida’s TBE Presumption Survives: Only an Express Anti‑TBE Writing Defeats It; “Writing” Need Not Be on the Signature Card

Date: Nov 11, 2025

Florida’s TBE Presumption Survives: Only an Express Anti‑TBE Writing Defeats It; “Writing” Need Not Be on the Signature Card Case: Storey Mountain v. Carlos C. Del Amo (with Trustee Marcia T. Dunn) |...

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits

Date: Nov 9, 2025

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits Introduction In James Daryl West v. Sabrina Schultz, the...

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo

Date: Nov 9, 2025

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo Court: U.S. Court...

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm

Date: Nov 9, 2025

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm Introduction In Joseph Haas v. Secretary,...

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled

Date: Nov 9, 2025

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled Introduction In Manuel Emilio Alvarez...

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing

Date: Nov 9, 2025

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing Introduction This commentary analyzes the...

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions

Date: Nov 9, 2025

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions Case: Qatalyst Inc v. Pipes.AI, LLC, et al. Court: United States Court of Appeals for the Eleventh Circuit...

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)

Date: Nov 9, 2025

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)...

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop

Date: Nov 9, 2025

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop Introduction In United States v. Alexandre Ovadia,...

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief (United States v. Varela)

Date: Nov 9, 2025

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief Introduction In United States v. Danny Varela, No. 25-11314 (11th Cir....

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c)

Date: Nov 9, 2025

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c) Court: U.S....

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates

Date: Nov 9, 2025

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates Introduction In United States v. Jacklin...

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass

Date: Nov 9, 2025

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass Introduction In United States v. Hass...

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral

Date: Nov 9, 2025

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral Introduction In this unpublished, per curiam...

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a)

Date: Nov 9, 2025

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a) Court: U.S. Court of Appeals for the...

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance

Date: Nov 9, 2025

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance Case: United States v....

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