“As Necessary” Means Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Default Crew Rule and Rejects Vacatur for Missed Rulemaking Deadlines Introduction In Indiana Rail Road Company v....
“As Necessary” in the Federal Railroad Safety Act Confers Broad Discretion: Eleventh Circuit Upholds FRA’s Two-Person Crew Default with Risk-Based One-Person Pathways Introduction This consolidated...
“As Necessary” Means Discretion: FRA May Adopt Precautionary Two-Person Crew Rules Without Statistical Proof, and Missing the 12‑Month Rulemaking Deadline Does Not Void the Rule Case: Association of...
“As Necessary” Means Discretion: The Eleventh Circuit Upholds FRA’s Two-Person Crew Rule and Rejects Deadline-Vacatur and Data-Threshold Attacks I. Introduction This consolidated set of...
“As Necessary” Means Discretion: Upholding FRA’s Two-Person Default Crew Rule Under Deferential APA Review Eleventh Circuit (Aug. 11, 2026) — consolidated petitions challenging FRA’s 2024 “Crew Size...
Post-Dismissal Allowance of § 503(b) Fees in Unconfirmed Chapter 13 Cases Under § 1326(a)(2) Case: Gregory Brian Myers v. Undine C. George Court: U.S. Court of Appeals for the Eleventh Circuit...
Circuit Split Bars Plain-Error Reversal of U.S.S.G. § 2B1.1(b)(9)(A) “Acting on Behalf of a Charity” Enhancement in For-Profit Investment Fraud 1. Introduction In United States v. Henry Abdo (11th...
Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks 1. Introduction United...
Implicit Highest-and-Best-Use Adoption and Deference to Tax Court Credibility Findings in Conservation-Easement Valuation 1. Introduction This consolidated Eleventh Circuit appeal arises from a...
Conservation Easement Valuation: Tax Court May Credit One Expert and Need Not Separately Articulate Highest-and-Best-Use Findings Where Parties Agree 1. Introduction Ralph G. Evans v. Commissioner of...
Florida Felony Battery Remains a Guidelines “Crime of Violence” After Borden: Borden Does Not Abrogate Vail-Bailon 1. Introduction In United States v. Thomas Sheely, Jr. (11th Cir. Aug. 13, 2026),...
Statute of Limitations Bars Remedies, Not Contractual Compliance: Time-Barred Share Transfers Cannot Confer “Group B” Status to Validate Later Transfers I. Introduction Robert Martin v. Eric Bischoff...
Amendment 833 Is a Substantive Guideline Change and Cannot Be Applied Retroactively on Direct Appeal Case: United States v. Kenneth Steele (11th Cir. Aug. 11, 2026) (per curiam) (Not for Publication)...
Renewed Compassionate-Release Motions: Controlled Medical Conditions Fail Under U.S.S.G. § 1B1.13(b)(1), and Courts May Reaffirm Prior § 3553(a) Findings Absent Material Change Case: United States v....
Attempts to Produce Child Pornography Qualify as “Prohibited Sexual Conduct” and Can Establish a § 4B1.5(b) “Pattern of Activity” I. Introduction In United States v. Gilberto Vazquez Gomez (11th Cir....
Deadly Force Is Reasonable Against an Advancing, Armed, Noncompliant Suspect Despite Low-Level Offense; Nonverbal Warning May Suffice 1. Introduction In Wilver Catarino v. Banks County Sheriff (11th...
Pleading Deliberate Indifference After an Inmate Murder: Lane-Like Allegations at One Prison Suffice, and Doe Defendants Should Not Be Dismissed Where Discovery Will Unmask Redacted Officers 1....
Reopening Bar for Eritrea Claims: Diaspora Activism and Family Targeting Treated as Personal Circumstances Absent Material Country-Condition Change 1. Introduction In Daniel Habtemariam v. U.S....
“Understanding” Testimony Identifying a Phone Number Is Not Hearsay When Offered to Explain Investigative Steps; Strong Presumption Against Impeachment with Stale Convictions I. Introduction In...
Loss Attribution Under U.S.S.G. § 1B1.3(a)(1)(B) Requires Substantial Evidence of a Jointly Undertaken Agreement—Foreseeability Alone Is Not Enough I. Introduction In United States v. Julian Lopez...