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  • Commentaries
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11th Circuit Case Commentaries

Collateral Estoppel and the Finality of Court-Approved Settlement Agreements:  A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A.

Date: Jul 8, 2025
Collateral Estoppel and the Finality of Court-Approved Settlement Agreements: A Commentary on Martha C. Harris v. Wells Fargo Bank, N.A. Introduction The Eleventh Circuit’s unpublished per curiam...
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard

Date: Jul 8, 2025
“Time-of-State-Conviction” Reaffirmed: Career-Offender Predicates and United States v. Alacaliph Woodard 1. Introduction The Eleventh Circuit’s unpublished decision in United States v. Alacaliph...
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger

Date: Jul 8, 2025
United States v. Angelo Williams: Terse Sentencing Explanations Suffice for Within-Guidelines Sentences under Steiger Introduction United States v. Angelo Williams, No. 24-11023 (11th Cir. July 7,...
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements

Date: Jul 8, 2025
United States v. Whidden – Eleventh Circuit Re-Affirms Kushmaul and Clarifies the Categorical Test for § 2252A Recidivist Enhancements Introduction In United States v. Donovan E. Whidden, the...
Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Parker

Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Parker

Date: Jul 8, 2025
Re-affirming Deferential Appellate Review of Career-Offender Sentences: United States v. Jessie Anthony Parker Introduction United States v. Jessie Anthony Parker, No. 24-11140 (11th Cir. July 7...
United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence

United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence

Date: Jul 8, 2025
United States v. Andrews – Elevating the “Bona-Fide Doubt” Standard and Closing the Door on Extra-Record Evidence 1. Introduction In United States v. Lonnise Andrews, No. 24-10334 (11th Cir. 2025)...
Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation – Commentary on Carlton Smith v. Attorney General, State of Georgia (2025)

Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation – Commentary on Carlton Smith v. Attorney General, State of Georgia (2025)

Date: Jul 5, 2025
Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation Commentary on Carlton Smith v. Attorney General, State of Georgia, 24-12929...
Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value

Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value

Date: Jul 5, 2025
Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value 1. Introduction In Certain Underwriters at...
“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

Date: Jul 5, 2025
“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025) 1. Introduction Glenn v. Britt, No. 23-11890 (11th...
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

Date: Jul 5, 2025
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability 1. Introduction In Linda Banks v....
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

Date: Jul 5, 2025
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting 1. Introduction In...
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

Date: Jul 5, 2025
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron, 23-13879 (11th Cir. July 3 2025)...
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

Date: Jul 5, 2025
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025) 1. Introduction The Eleventh Circuit’s unpublished but significant...
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

Date: Jul 5, 2025
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas Introduction United States v. Richard Simpkins (No....
“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated

“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated

Date: Jul 4, 2025
“All Issues Are for the Arbitrator”: Lamonaco v. Experian and the Eleventh Circuit’s Express Recognition that Waiver Can Be Validly Delegated 1. Introduction Lamonaco v. Experian Information...
Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies

Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies

Date: Jul 3, 2025
Pinetree Principle: Timely and Methodologically-Sound Expert Evidence Is Essential for Insureds Under All-Risk Policies 1. Introduction The Eleventh Circuit’s unpublished decision in 4539 Pinetree...
“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information

“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information

Date: Jul 3, 2025
“Court-Created Disclosure Exception” — Brooks v. City of Southside and the Duty to Re-Evaluate Anonymity When the Court Itself Releases Sensitive Information 1. Introduction The Eleventh Circuit’s...
“Future–Risk” Is Not “Present Disability”: The Eleventh Circuit’s Clarification on Unvaccinated Status, Religious Accommodation, and Retaliation in Pajer v. Disney

“Future–Risk” Is Not “Present Disability”: The Eleventh Circuit’s Clarification on Unvaccinated Status, Religious Accommodation, and Retaliation in Pajer v. Disney

Date: Jul 3, 2025
“Future–Risk” Is Not “Present Disability”: Eleventh Circuit Clarifies the Limits of ADA “Regarded-As” Claims and Religious Discrimination Theories in Pajer v. Disney 1. Introduction In Adam Pajer v....
Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims

Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims

Date: Jul 3, 2025
Reaffirming Officers’ Limited Investigative Duty: Barnett v. Elsmore and the Threshold for “Arguable Probable Cause” in Malicious-Prosecution Claims Introduction In Harry Barnett v. Justin Elsmore,...
“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings

“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings

Date: Jul 3, 2025
“Particularity Means Particularity” – The Eleventh Circuit Narrows the Circumstances for Relaxing Rule 9(b) in False Claims Act Pleadings Introduction In Monica McKoy v. Atlanta Primary Care...
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