11th Circuit Case Commentaries

Eleventh Circuit: No Mandatory Four-Factor Appraisal Test for “Highest and Best Use” in Conservation Easement Valuations

Date: Jul 17, 2026

Eleventh Circuit: No Mandatory Four-Factor Appraisal Test for “Highest and Best Use” in Conservation Easement Valuations 1. Introduction In Savannah Shoals, LLC v. Commissioner of Internal Revenue...

Private Bail Recovery Agents Are Not State Actors for § 1983 Absent State Compulsion or Joint Law-Enforcement Participation (11th Cir.)

Date: Jul 17, 2026

Private Bail Recovery Agents Are Not State Actors for § 1983 Absent State Compulsion or Joint Law-Enforcement Participation (11th Cir.) 1. Introduction In Lillie Middlebrooks v. Bond, James Bond,...

Amendment 821 Is Substantive on Direct Appeal: Retroactive Status-Point Relief Must Proceed via 18 U.S.C. § 3582(c)(2)

Date: Jul 16, 2026

Amendment 821 Is Substantive on Direct Appeal: Retroactive Status-Point Relief Must Proceed via 18 U.S.C. § 3582(c)(2) Case: United States v. Daniel King (11th Cir. July 15, 2026) (Not for...

U‑Visa Waiting‑List Relief Is Disjunctive: USCIS May Grant Deferred Action or Parole (Not Both), and Overseas Parole‑Process Claims Become Moot Once Conditional Parole Is Provided

Date: Jul 15, 2026

U‑Visa Waiting‑List Relief Is Disjunctive: USCIS May Grant Deferred Action or Parole (Not Both), and Overseas Parole‑Process Claims Become Moot Once Conditional Parole Is Provided 1. Introduction...

Eleventh Circuit Reaffirms Sentencing Commission Authority to Treat State Drug Felonies as “Controlled Substance Offenses” for Career-Offender Status

Date: Jul 15, 2026

Eleventh Circuit Reaffirms Sentencing Commission Authority to Treat State Drug Felonies as “Controlled Substance Offenses” for Career-Offender Status Introduction In United States v. Yaphet Martin...

Duress Requires a Continuous, Immediate Threat and No Realistic Chance to Seek Help: Proffer Insufficiency Bars Both Defense and Instruction

Date: Jul 15, 2026

Duress Requires a Continuous, Immediate Threat and No Realistic Chance to Seek Help: Proffer Insufficiency Bars Both Defense and Instruction Case: United States v. Joseph Ricard (with co-appellants...

Unverified AI-Generated Citations Violate Counsel’s Duty of Competence and Candor (and Routine In‑Forum Training Does Not Create Florida Jurisdiction)

Date: Jul 13, 2026

Unverified AI-Generated Citations Violate Counsel’s Duty of Competence and Candor (and Routine In‑Forum Training Does Not Create Florida Jurisdiction) Case: Estate of Lane Caviness v. Atlas Air, Inc....

Sanctionable Misconduct for “Hallucinated” Authorities in Appellate Briefing: Striking Defective Citations, Awarding Fees, and Referring Counsel for Discipline

Date: Jul 13, 2026

Sanctionable Misconduct for “Hallucinated” Authorities in Appellate Briefing: Striking Defective Citations, Awarding Fees, and Referring Counsel for Discipline 1. Introduction In Marion Parnell, Jr....

Operational Negligence Exception to Sovereign Immunity for Juvenile Ejections: Statutory Notice-and-Release Violations as Prima Facie Negligence

Date: Jul 11, 2026

Operational Negligence Exception to Sovereign Immunity for Juvenile Ejections: Statutory Notice-and-Release Violations as Prima Facie Negligence I. Introduction In Andrew Joseph, Jr. v. Hillsborough...

Operational Negligence in Juvenile Ejections: No Sovereign Immunity for Violating Florida’s Parental-Notice and Release-to-Adult Duties

Date: Jul 11, 2026

Operational Negligence in Juvenile Ejections: No Sovereign Immunity for Violating Florida’s Parental-Notice and Release-to-Adult Duties Case: Andrew Joseph, Jr. v. Hillsborough County Sheriff (11th...

Allen Charges: Omission of the “Honest Belief” Admonition as Plain Error Requiring New Trial

Date: Jul 11, 2026

Allen Charges: Omission of the “Honest Belief” Admonition as Plain Error Requiring New Trial 1. Introduction In United States v. Rolex Bryan Bruno (11th Cir. July 10, 2026) (unpublished), the...

Adjunctive Classic-Car Policies May Exclude Portable UM/UIM Coverage When Other Policies Satisfy Alabama’s Minimum Requirements

Date: Jul 11, 2026

Adjunctive Classic-Car Policies May Exclude Portable UM/UIM Coverage When Other Policies Satisfy Alabama’s Minimum Requirements Case: Bobby Clayton v. Essentia Insurance Company (11th Cir. July 8,...

Hash-Matching as a “Private Search”: Warrantless Government Viewing of Matched CSAM Files Does Not Exceed the Search’s Scope

Date: Jul 10, 2026

Hash-Matching as a “Private Search”: Warrantless Government Viewing of Matched CSAM Files Does Not Exceed the Search’s Scope 1. Introduction In United States v. Richard Brillhart (11th Cir. July 9,...

Hash-Value Matching as a “Private Search”: Warrantless Government Viewing Permitted When It Reveals Nothing Beyond Google’s Hash-Match Identification

Date: Jul 10, 2026

Hash-Value Matching as a “Private Search”: Warrantless Government Viewing Permitted When It Reveals Nothing Beyond Google’s Hash-Match Identification Case: United States v. Richard Brillhart (11th...

Title II ADA Injunctions Require Plausible Future Harm; Federal Courts Lack Jurisdiction to Rework State Child-Support Enforcement—Dismissals Must Be Without Prejudice

Date: Jul 10, 2026

Title II ADA Injunctions Require Plausible Future Harm; Federal Courts Lack Jurisdiction to Rework State Child-Support Enforcement—Dismissals Must Be Without Prejudice Case: Kevin Glasco v. Alabama...

Title Insurance Commitments (Binders) Merge Into the Issued Policy Under Georgia Law, Foreclosing Coverage Based on Pre-Policy Terms

Date: Jul 10, 2026

Title Insurance Commitments (Binders) Merge Into the Issued Policy Under Georgia Law, Foreclosing Coverage Based on Pre-Policy Terms I. Introduction In Maxie O'Neal Price, III v. Chicago Title...

One Opportunity to Replead Satisfies Due Process Before Dismissal With Prejudice for Shotgun Pleading; Prior Recusal Motions Alone Do Not Require Sua Sponte Recusal

Date: Jul 10, 2026

One Opportunity to Replead Satisfies Due Process Before Dismissal With Prejudice for Shotgun Pleading; Prior Recusal Motions Alone Do Not Require Sua Sponte Recusal Introduction In Thomas Pepe v....

“Lascivious Exhibition” May Be Proven Without a Sex Act (and Pattern Factors Are Not Unconstitutionally Vague)

Date: Jul 10, 2026

“Lascivious Exhibition” May Be Proven Without a Sex Act (and Pattern Factors Are Not Unconstitutionally Vague) Introduction In United States v. Plamen Georgiev Velinov (11th Cir. July 8, 2026) (not...

Appeal Waivers Survive Sentencing “Right to Appeal” Advisements; Only an “Obvious, Egregious” Miscarriage of Justice Defeats Enforcement (Applying Hunter)

Date: Jul 9, 2026

Appeal Waivers Survive Sentencing “Right to Appeal” Advisements; Only an “Obvious, Egregious” Miscarriage of Justice Defeats Enforcement (Applying Hunter) 1. Introduction In United States v. Justin...

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice”

Date: Jul 8, 2026

De Novo ERISA Review Allows Extra-Record Evidence in District Court—But Not Late or on Appeal Absent Scheduling Compliance and “Interests of Justice” Introduction In Yu Wang v. Metropolitan Life...