11th Circuit Case Commentaries

Kelly Sanchez-Castro v. U.S. Attorney General: Reinforcing the Nexus Requirement for Family-Based Asylum Claims

Date: Jun 2, 2021

Kelly Sanchez-Castro v. U.S. Attorney General: Reinforcing the Nexus Requirement for Family-Based Asylum Claims Introduction Kelly Sanchez-Castro v. U.S. Attorney General, 998 F.3d 1281 (11th Cir....

Eleventh Circuit: Rule 41(a)(1)(A)(i) Dismissal Precludes Modification of Protective Orders

Date: May 29, 2021

Eleventh Circuit: Rule 41(a)(1)(A)(i) Dismissal Precludes Modification of Protective Orders Introduction Absolute Activist Value Master Fund Limited, Absolute East West Fund Limited, et al.,...

Clarifying Standing and Claim Splitting in ADA Litigation: Kennedy v. Floridian Hotel, Inc.

Date: May 28, 2021

Clarifying Standing and Claim Splitting in ADA Litigation: Kennedy v. Floridian Hotel, Inc. Introduction In the case of Patricia Kennedy, Plaintiff-Appellant, v. Floridian Hotel, Inc.,...

Judicial Duty to Consider §3553(a) Factors in Compassionate Release Applications: United States v. Cook

Date: May 28, 2021

Judicial Duty to Consider §3553(a) Factors in Compassionate Release Applications: United States v. Cook Introduction United States of America v. Horace Cook, 998 F.3d 1180 (11th Cir. 2021), addresses...

Employment Termination Under ADA: Analysis of Jerri Todd v. Fayette County School District

Date: May 28, 2021

Employment Termination Under ADA: Analysis of Jerri Todd v. Fayette County School District Introduction The case of Jerri Todd v. Fayette County School District (998 F.3d 1203) presents a significant...

Affirmation of Electronic Search Condition and Above-Guidelines Sentencing for Recidivist Firearm Offender: United States v. Taylor

Date: May 22, 2021

Affirmation of Electronic Search Condition and Above-Guidelines Sentencing for Recidivist Firearm Offender: United States v. Taylor Introduction In United States v. Taylor (997 F.3d 1348), the United...

Eleventh Circuit Establishes Non-Mandatory Consideration of § 3553(a) Factors in Sentence Reductions Under the First Step Act

Date: May 20, 2021

Eleventh Circuit Establishes Non-Mandatory Consideration of § 3553(a) Factors in Sentence Reductions Under the First Step Act Introduction In the landmark appellate decision of United States of...

Affirmation of Dismissal for Third-Party Title VII Retaliation Claims: Clarifying the Boundaries of “Persons Aggrieved”

Date: May 18, 2021

Affirmation of Dismissal for Third-Party Title VII Retaliation Claims: Clarifying the Boundaries of “Persons Aggrieved” Introduction In the case of Greg Tolar, Reid Tolar, and Andrew Tolar v. Bradley...

Buckwalter v. Commissioner of Social Security: No Apparent Conflict Between Simple Instruction Limitations and DOT Reasoning Level Two Jobs

Date: May 15, 2021

Buckwalter v. Commissioner of Social Security: No Apparent Conflict Between Simple Instruction Limitations and DOT Reasoning Level Two Jobs Introduction In the case of Cynthia Louise Buckwalter v....

First Step Act as a Self-Contained Authority for Sentence Modification: Insights from United States v. Edwards

Date: May 14, 2021

First Step Act as a Self-Contained Authority for Sentence Modification: Insights from United States v. Edwards Introduction In the landmark case of United States of America v. Nolan Nathaniel Edwards...

11th Circuit Upholds Sentencing Commission’s Policy on Defendant-Filed Compassionate Release Motions

Date: May 8, 2021

UNITED STATES v. Thomas Bryant, Jr.: 11th Circuit Affirms Policy Statement Binding on Defendant-Filed Compassionate Release Motions Introduction In the landmark case United States of America v....

Consent and Qualified Immunity in Administrative Fire Inspections: An Eleventh Circuit Analysis in Fuqua v. Turner et al.

Date: May 7, 2021

Consent and Qualified Immunity in Administrative Fire Inspections: An Eleventh Circuit Analysis in Fuqua v. Turner et al. Introduction Fuqua v. Turners et al., 996 F.3d 1140 (11th Cir. 2021), is a...

Expanding Injury-in-Fact: 11th Circuit Affirms Standing under the ADA in Sierra v. City of Hallandale Beach

Date: May 7, 2021

Expanding Injury-in-Fact: 11th Circuit Affirms Standing under the ADA in Sierra v. City of Hallandale Beach Introduction The case of Mr. Eddie I. Sierra versus the City of Hallandale Beach, Florida...

Affirmation of Drug Trafficking Predicates Over Invalid Hobbs Act Conspiracy in § 924(o) and § 924(c) Convictions

Date: May 5, 2021

Affirmation of Drug Trafficking Predicates Over Invalid Hobbs Act Conspiracy in § 924(o) and § 924(c) Convictions Introduction The case of Anthony Foster v. United States of America (996 F.3d 1100)...

Limits on Appellate Review of Remand Orders and Attorney’s Fees Under 28 U.S.C. §§ 1447(c) & 1447(d) in MSP Recovery Claims Series LLC v. Hanover Insurance Co.

Date: May 1, 2021

Limits on Appellate Review of Remand Orders and Attorney’s Fees Under 28 U.S.C. §§ 1447(c) & 1447(d) in MSP Recovery Claims Series LLC v. Hanover Insurance Co. Introduction In the landmark decision...

Learned Intermediary Doctrine Uphold in Salinero v. Johnson & Johnson: Implications for Medical Device Manufacturers

Date: Apr 30, 2021

Learned Intermediary Doctrine Upheld in Salinero v. Johnson & Johnson: Implications for Medical Device Manufacturers Introduction The case of Charlotte Salinero and Dr. Efrain Salinero v. Johnson &...

Affirmation of Upward Variance in Sentencing Based on Extensive Criminal History: United States v. Riley

Date: Apr 29, 2021

Affirmation of Upward Variance in Sentencing Based on Extensive Criminal History: United States v. Riley Introduction The case of United States of America v. Kevin Frankas Riley (995 F.3d 1272)...

Enhanced Accountability for Credit Reporting Agencies under the FCRA: Insights from Losch v. Nationstar Mortgage LLC

Date: Apr 29, 2021

Enhanced Accountability for Credit Reporting Agencies under the FCRA: Insights from Losch v. Nationstar Mortgage LLC Introduction The case of Henry Losch v. Nationstar Mortgage LLC d.b.a. Cooper and...

In-depth Analysis of Raheem v. GDCP Warden: Affirmation of Conviction and Death Sentence

Date: Apr 27, 2021

In-depth Analysis of Raheem v. GDCP Warden: Affirmation of Conviction and Death Sentence Introduction Raheem v. GDCP Warden (995 F.3d 895) is a significant decision by the United States Court of...

Affirming Civil Willfulness Standard for FBAR Violations: 11th Circuit Upholds Recklessness and Statutory Penalty Maximum

Date: Apr 24, 2021

Affirming Civil Willfulness Standard for FBAR Violations: 11th Circuit Upholds Recklessness and Statutory Penalty Maximum Introduction In UNITED STATES OF AMERICA v. SAID RUM (995 F.3d 882), the...