11th Circuit Case Commentaries

Accrual of § 1983 Challenges to Sex-Offender Registration Begins When Registration Is First Enforced (Not at Sentencing)

Date: Aug 21, 2026

Accrual of § 1983 Challenges to Sex-Offender Registration Begins When Registration Is First Enforced (Not at Sentencing) Case: Darrel Deon Harvey v. Secretary, Florida Department of Corrections, et...

ADA “Qualified Individual” Rule: Illegal Marijuana Use (and Failure to Complete a Required Drug Test) Defeats the Prima Facie Case

Date: Aug 21, 2026

ADA “Qualified Individual” Rule: Illegal Marijuana Use (and Failure to Complete a Required Drug Test) Defeats the Prima Facie Case Introduction In Kimberly Bellamy v. C2 Global Professional Services...

With-Prejudice Dismissal After One Repleader Opportunity for Shotgun Pleadings, and Appellate Jurisdiction Limited to Orders Designated in the Notice of Appeal

Date: Aug 21, 2026

With-Prejudice Dismissal After One Repleader Opportunity for Shotgun Pleadings, and Appellate Jurisdiction Limited to Orders Designated in the Notice of Appeal 1. Introduction In Melissa Madaffari v....

Future Plans to Move Do Not Defeat “Residency,” but “Household” Membership Turns on a Fact-Intensive Merger Inquiry (Georgia UM “Resident Relative” Coverage)

Date: Aug 21, 2026

Future Plans to Move Do Not Defeat “Residency,” but “Household” Membership Turns on a Fact-Intensive Merger Inquiry (Georgia UM “Resident Relative” Coverage) I. Introduction Travelers Property...

Narrow Application of the “Miscarriage of Justice” Exception After Hunter: Within-Guidelines Sentences and Substantive-Reasonableness Claims Remain Barred by Knowing Appeal Waivers

Date: Aug 21, 2026

Narrow Application of the “Miscarriage of Justice” Exception After Hunter: Within-Guidelines Sentences and Substantive-Reasonableness Claims Remain Barred by Knowing Appeal Waivers 1. Introduction In...

Last-Minute Restitution Payment Does Not Preclude Revocation Where Willful Default Is Inferable from Ability to Pay

Date: Aug 21, 2026

Last-Minute Restitution Payment Does Not Preclude Revocation Where Willful Default Is Inferable from Ability to Pay I. Introduction In United States v. Saleem Hakim (11th Cir. Aug. 18, 2026)...

Defendant-Specific Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) Sophisticated-Means Enhancement (Post-2015 Amendment)

Date: Aug 21, 2026

Defendant-Specific Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) Sophisticated-Means Enhancement (Post-2015 Amendment) I. Introduction In United States v. Tamara Quicutis (11th Cir. Aug. 18, 2026)...

ERISA Loss Causation in the Eleventh Circuit: “Apples-to-Apples” Comparators Are Permissive, Not Mandatory, for Proving Objective Imprudence

Date: Aug 21, 2026

ERISA Loss Causation in the Eleventh Circuit: “Apples-to-Apples” Comparators Are Permissive, Not Mandatory, for Proving Objective Imprudence Case: Ann Johnson v. Russell Investments Trust Company...

Warner v. Hillsborough County Clerk of Courts — Notice “Reasonably Calculated” Is Required Before a Clerk Escheats Court-Registry Funds Under Fla. Stat. § 116.21; Unnoticed “Abandonment” Cannot Defeat a Takings Claim

Date: Aug 21, 2026

Notice “Reasonably Calculated” Is Required Before a Clerk Escheats Court-Registry Funds Under Fla. Stat. § 116.21; Unnoticed “Abandonment” Cannot Defeat a Takings Claim Introduction In Blake Warner...

Rule 8 Fair-Notice Requirement: Agency/Alter-Ego Liability Must Be Pleaded (Not Raised at Summary Judgment or Trial) in Diversity Contract Disputes

Date: Aug 21, 2026

Rule 8 Fair-Notice Requirement: Agency/Alter-Ego Liability Must Be Pleaded (Not Raised at Summary Judgment or Trial) in Diversity Contract Disputes 1. Introduction Jiangmen Benlida Printed Circuit...

Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms

Date: Aug 21, 2026

Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms Introduction In United States v. Barrett Purvis...

Unpublished Eleventh Circuit Decision: Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance

Date: Aug 21, 2026

Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance I. Introduction In United States v. William Charles...

Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories

Date: Aug 21, 2026

Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories 1. Introduction In Shaunda Sanders v. Elmington Property Management, LLC (11th Cir. Aug. 14, 2026)...

Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority

Date: Aug 21, 2026

Eleventh Circuit Reaffirms Nonreviewability of Discretionary Denials of Downward Departures Absent a Misapprehension of Authority 1. Introduction In United States v. Ricardo Villanueva-Martinez (11th...

RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding

Date: Aug 21, 2026

RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding I. Introduction In Scott William Cartlidge v. Acting...

“Any Other Purpose” Means Any: Subpart R Allows Case-by-Case Approval of Phosphogypsum Road Projects, and Preamble Language Cannot Override Unambiguous Regulatory Text

Date: Aug 15, 2026

“Any Other Purpose” Means Any: Subpart R Allows Case-by-Case Approval of Phosphogypsum Road Projects, and Preamble Language Cannot Override Unambiguous Regulatory Text I. Introduction In Center for...

Subchapter S Election Is Not Property of the Bankruptcy Estate: Shareholder-Controlled Tax Status Falls Outside § 541 and the § 362 Automatic Stay

Date: Aug 15, 2026

Subchapter S Election Is Not Property of the Bankruptcy Estate: Shareholder-Controlled Tax Status Falls Outside § 541 and the § 362 Automatic Stay Case: John H. Owoc v. The Liquidating Trustee on...

Express “Innocent-Insured” Intentional-Loss Exclusions Are Enforceable Under Alabama Law (and Hosey Does Not Create a Public-Policy Bar)

Date: Aug 15, 2026

Express “Innocent-Insured” Intentional-Loss Exclusions Are Enforceable Under Alabama Law (and Hosey Does Not Create a Public-Policy Bar) 1. Introduction Case: Martin Renfroe v. USAA General Indemnity...

Georgia Sovereign Immunity Not Waived by Student Handbook/Admission Letter Absent Written Consideration; ADA/RA Claims Require Plausible “By Reason Of” Causation

Date: Aug 15, 2026

Georgia Sovereign Immunity Not Waived by Student Handbook/Admission Letter Absent Written Consideration; ADA/RA Claims Require Plausible “By Reason Of” Causation Case: Shannon Waller, Jr. v. Board of...

“As Necessary” Confers Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Crew Default and Treats Vacatur as Eliminating a Prior “Policy” for APA Change-in-Position Review

Date: Aug 15, 2026

“As Necessary” Confers Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Crew Default and Treats Vacatur as Eliminating a Prior “Policy” for APA Change-in-Position Review Introduction In...