Unamended EEOC Charge Limits Judicial Claims: Discrete Termination and Hostile-Work-Environment Allegations Must Be Administratively Exhausted Case: Kathleen Safford v. Sedgwick Claims Management...
Express Bench-Trial Waiver and Invited-Error Bar in ACCA Different-Occasions Litigation After Erlinger I. Introduction In United States v. Daniel DeWayne Conner (11th Cir. 2026-06-24) (unpublished,...
Dismissal of a Mis-Pleaded “Genericness” Affirmative Defense Does Not Bar Merits Review of Trademark Distinctiveness; Non-Generic Use Evidence Cannot Be Discarded Based on Market Uniqueness Case:...
Functional Permanency Under the PLRA: Systemwide Mental-Health Injunctions Are Appealable and Must Be Narrowly Tailored to the Constitutional Floor 1) Introduction This Eleventh Circuit decision...
Upward Variances Require Specific, Case-Linked Explanations Under 18 U.S.C. § 3553(c)(2) Case: United States v. Maggie Moore (11th Cir. June 24, 2026) (per curiam) (not for publication) Topic:...
Prolonged Forced Nudity During Warrant Execution: Fourth Amendment Bodily-Privacy Violation, Supervisory Liability Without Qualified Immunity, and Florida Negligence Claim Preserved by Notice...
Probable Cause from Evasive/Furtive Conduct and Text-Based Application of U.S.S.G. § 2K2.1(b)(6)(B) Without Reliance on Application Note 14(B) Case: United States v. Jojuan Lindsey (11th Cir. June...
Title VII Complaints Must Plausibly Tie Discrimination and Retaliation to Protected Status and Protected Activity 1. Introduction In Mikala Pearson v. Fedsync, the Eleventh Circuit affirmed the...
Unentered Separate Judgment Extends Appellate Timelines: Rule 59 Timeliness, Presumed Mail Receipt, and Dismissal Without Prejudice for Noncompliance 1. Introduction In Theodore Keith Griffin v....
Revocation Sentencing After Esteras: No Plain Error Where the Court Disclaims § 3553(a)(2)(A) and Grounds the Sentence in Noncompliance Introduction In United States v. Joseph Elias Nehme (11th Cir....
Ambiguous Rule 11(c)(1)(C) “Sentence” Terms and Supervised Release: No Plain Error Where Extrinsic Evidence Shows Shared Intent 1. Introduction United States v. Shalonda Faison (11th Cir. June 23,...
AEDPA Deference and “Intent” Instructions: No Due Process Violation Where the Charge as a Whole Requires Specific Intent to Kill Case: Timothy Boyle v. Warden, Holman CF Court: United States Court of...
Severe Migraines at Step Two Do Not Require Additional RFC Limits Where the ALJ’s Decision Adequately Discusses the Impairment and Substantial Evidence Supports Minimal Functional Impact I....
Facially Sufficient Venue Allegations Bar Pretrial Dismissal of a Money-Laundering Conspiracy Charge; Venue, Single-Conspiracy, and Intent May Be Proven Through Co-Conspirator Acts, Rule 404(b)...
CAT-Only Petitions Are Not Reviewable Absent a Petition Challenging a Final Removal Order (11th Cir.) Case: Winston Lloyd Hayles v. U.S. Attorney General Court: U.S. Court of Appeals for the Eleventh...
AEDPA Deference to State Barker Balancing: No Habeas Relief for 61‑Month Delay Where Defense Motions Drive Delay and Prejudice Is Unproven Case: Mohammad Sharifi v. Warden, Holman Correctional...
Untimely Title VII EEO Claims Cannot Be Revived by Repackaging Them as a Hostile Work Environment Absent Sufficient Relation to Timely Acts Case: Wendy Mikell v. Postmaster General, U.S. Postal...
Reaffirming § 922(g)(1)’s Second Amendment Constitutionality and Clarifying “Apples-to-Apples” Proof for Sentencing Disparity Claims I. Introduction In United States v. Tocorey Jamel Gibbs (11th Cir....
Timely Prison-Mailbox Motions to Modify Filing Injunctions Must Be Decided on the Merits (Not Recast as Rule 59(e) Reconsideration) Case: Waseem Daker v. Timothy Ward, No. 24-13121 (11th Cir. June...
Unpreserved ACCA “Separate Occasions” Jury-Right Claims After Erlinger Are Reviewed for Plain Error, and Relief Requires Showing a Reasonable Probability of Fewer Than Three Occasions I. Introduction...