11th Circuit Case Commentaries

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington

Date: Nov 8, 2025

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington Note: This is an...

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants

Date: Nov 8, 2025

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants Court: U.S. Court of Appeals...

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos

Date: Nov 8, 2025

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos Introduction In this unpublished, per curiam...

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone

Date: Nov 8, 2025

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone Introduction In Sakib Ahmod v. U.S. Attorney...

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext

Date: Nov 8, 2025

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext Case:...

Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors

Date: Nov 8, 2025

Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors Case: United States v. Frank D. Cavanaugh, No....

Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent

Date: Nov 8, 2025

Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent Introduction In United States v. Jarnel Sael (11th Cir. No. 25‑10750,...

United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates

Date: Nov 8, 2025

United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates Introduction In this...

Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates

Date: Nov 8, 2025

Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates Commentary on United...

Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection

Date: Nov 8, 2025

Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection Introduction In United States v. John...

When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller

Date: Nov 8, 2025

When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller Introduction This...

Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Date: Nov 7, 2025

Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities Introduction...

Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon

Date: Nov 7, 2025

Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon Introduction In...

Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act

Date: Nov 7, 2025

Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act Introduction In United States v. F.E.B. Corp. (No....

Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025)

Date: Nov 7, 2025

Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025) Introduction This commentary...

Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional

Date: Nov 7, 2025

Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional Introduction In W. Lawrence LeNeve v. United States, No. 25-11992...

Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance

Date: Nov 7, 2025

Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance Introduction In Wendall Jermaine Hall v....

Previous Next

11th Circuit Case Commentaries

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext

Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors

Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent

United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates

Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates

Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection

When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller

Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon

Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act

Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025)

Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional

Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance

Extending the Ongoing‑Emergency Doctrine to Sex‑Trafficking Stings: United States v. Carter (11th Cir. 2025)

Eleventh Circuit Holds Sex‑Trafficking Sting Statements Nontestimonial Under the Ongoing‑Emergency Doctrine

Informal Counseling Counts: Eleventh Circuit Clarifies Comparator Analysis, Pretext, and FMLA “Would-Have-Fired” Defense