11th Circuit Case Commentaries

District Courts May Dismiss (Without Prejudice) for Failure to Sever Misjoined Prisoner Claims After Clear Warning

Date: Jun 22, 2026

District Courts May Dismiss (Without Prejudice) for Failure to Sever Misjoined Prisoner Claims After Clear Warning 1. Introduction In Michael Gordon v. Ronnie Weems (11th Cir. June 17, 2026)...

Futility and Pre-Filing Restrictions: Frivolity Dismissal of Pro Se § 1983 Claims Arising from Child-Custody Proceedings

Date: Jun 22, 2026

Futility and Pre-Filing Restrictions: Frivolity Dismissal of Pro Se § 1983 Claims Arising from Child-Custody Proceedings 1. Introduction In Tamika Seay v. Andrea Jo Anne David Vega (11th Cir. June...

Upholding a Residence-Based Animal-Contact Ban as a Tailored Special Condition of Supervised Release

Date: Jun 22, 2026

Upholding a Residence-Based Animal-Contact Ban as a Tailored Special Condition of Supervised Release 1. Introduction In United States v. Emily Sahara Lau (11th Cir. 2026-06-17) (unpublished), the...

Equitable Tolling of the 90-Day Motion-to-Reopen Deadline Requires Explained, Continuous Reasonable Diligence—Later “Urgency” After a Removal Notice Is Too Late

Date: Jun 22, 2026

Equitable Tolling of the 90-Day Motion-to-Reopen Deadline Requires Explained, Continuous Reasonable Diligence—Later “Urgency” After a Removal Notice Is Too Late I. Introduction In Oscar Garcia-Islas...

Title IX Covers Emasculatory Same-Sex Hazing and Attempted Sexual Assault in School Athletics

Date: Jun 22, 2026

Title IX Covers Emasculatory Same-Sex Hazing and Attempted Sexual Assault in School Athletics Case: C. W. v. Steve Smith (No. 24-12547) Court: United States Court of Appeals for the Eleventh Circuit...

General FBI–Foreign Cooperation Is Not Enough: Specific Allegations of U.S. Control or Substantial Participation Are Required to Earn a Suppression Hearing Under the “Joint Venture” Doctrine

Date: Jun 22, 2026

General FBI–Foreign Cooperation Is Not Enough: Specific Allegations of U.S. Control or Substantial Participation Are Required to Earn a Suppression Hearing Under the “Joint Venture” Doctrine 1....

§ 2255 “Second or Successive” Motions: A Post-Resentencing Amended Judgment Is a New, Intervening Judgment (No Claim-by-Claim Bar)

Date: Jun 22, 2026

§ 2255 “Second or Successive” Motions: A Post-Resentencing Amended Judgment Is a New, Intervening Judgment (No Claim-by-Claim Bar) I. Introduction In Antonio U. Akel v. United States (11th Cir. June...

Email-Assented Mediated Settlements Are Enforceable and Admissible Despite Mediation Confidentiality; Mediators May Testify to Settlement Existence Under Georgia Law

Date: Jun 22, 2026

Email-Assented Mediated Settlements Are Enforceable and Admissible Despite Mediation Confidentiality; Mediators May Testify to Settlement Existence Under Georgia Law Introduction Mark D. Weissman and...

Reasonable, Viewpoint-Neutral No-Recording Policies in Government Service Offices Survive First Amendment Challenge in Limited/Nonpublic Forums

Date: Jun 17, 2026

Reasonable, Viewpoint-Neutral No-Recording Policies in Government Service Offices Survive First Amendment Challenge in Limited/Nonpublic Forums I. Introduction Lana Patrick v. Pasco County Florida...

Coram Nobis Is Unavailable to Re-Litigate a Mens Rea Indictment Challenge Already “Passed Upon” in Prior § 2255 Proceedings, Even After Counterman

Date: Jun 17, 2026

Coram Nobis Is Unavailable to Re-Litigate a Mens Rea Indictment Challenge Already “Passed Upon” in Prior § 2255 Proceedings, Even After Counterman Case: Mr. Mark Richard Hillstrom v. United States...

No Strickland Prejudice for Unobjected “Stand Your Ground”/Retreat Instruction Absent Evidence Retreat Increased Danger

Date: Jun 16, 2026

No Strickland Prejudice for Unobjected “Stand Your Ground”/Retreat Instruction Absent Evidence Retreat Increased Danger 1. Introduction Frank Reyes v. Florida Department of Corrections (11th Cir....

Georgia’s “Leadership Committee” Carveout: Unequal Contribution Limits Violate the First Amendment and the Committee’s Office-Dependent Fundraising Is State Action

Date: Jun 14, 2026

Georgia’s “Leadership Committee” Carveout: Unequal Contribution Limits Violate the First Amendment and the Committee’s Office-Dependent Fundraising Is State Action Case: Richard Jackson v. William...

Career-Offender Predicate Rule: Federal Bank Robbery and Florida Aggravated Assault Are Crimes of Violence, and Postdated State-High-Court Mens Rea Clarifications Define What the Statute “Always Meant”

Date: Jun 14, 2026

Career-Offender Predicate Rule: Federal Bank Robbery and Florida Aggravated Assault Are Crimes of Violence, and Postdated State-High-Court Mens Rea Clarifications Define What the Statute “Always...

Martin v. Duran: Barnes “Totality” Review Does Not Justify a Second, Gratuitous Taser Use; No Clearly Established Bar to Late-Night Terry Stop in Government Complex

Date: Jun 13, 2026

Martin v. Duran: Barnes “Totality” Review Does Not Justify a Second, Gratuitous Taser Use; No Clearly Established Bar to Late-Night Terry Stop in Government Complex Court: U.S. Court of Appeals for...

Eleventh Circuit Certifies Opioid-Litigation Coverage Questions on “Damages Because of Bodily Injury” to Georgia and Florida Supreme Courts

Date: Jun 12, 2026

Eleventh Circuit Certifies Opioid-Litigation Coverage Questions on “Damages Because of Bodily Injury” to Georgia and Florida Supreme Courts I. Introduction In Allied Property & Casualty Insurance...

No Pre-Deprivation Hearing Required Before Dismissing a Childcare Voucher Provider for Failing to Produce Records During an On-Site Investigation

Date: Jun 12, 2026

No Pre-Deprivation Hearing Required Before Dismissing a Childcare Voucher Provider for Failing to Produce Records During an On-Site Investigation Case: iCare Child Development Center LLC v. Alethea...

United States v. Morilla: Individualized Findings Required for Sophisticated-Laundering Enhancement; Premature Keene Alternative Sentence Cannot Cure Guideline Error

Date: Jun 12, 2026

United States v. Morilla: Individualized Findings Required for Sophisticated-Laundering Enhancement; Premature Keene Alternative Sentence Cannot Cure Guideline Error 1. Introduction In United States...

Post-Wilkinson Reviewability, Substantial-Evidence Deference, and Evidentiary Discretion in “Exceptional and Extremely Unusual Hardship” Cancellation Cases

Date: Jun 12, 2026

Post-Wilkinson Reviewability, Substantial-Evidence Deference, and Evidentiary Discretion in “Exceptional and Extremely Unusual Hardship” Cancellation Cases I. Introduction In Alma Hernandez-Rebollar...

Rule 24(a) Timeliness as a Strict Threshold: Courts May Raise It Sua Sponte and Late-Stage Insurer Intervention to Seek Special Interrogatories Will Be Denied

Date: Jun 12, 2026

Rule 24(a) Timeliness as a Strict Threshold: Courts May Raise It Sua Sponte and Late-Stage Insurer Intervention to Seek Special Interrogatories Will Be Denied 1. Introduction Case: J.G. v. Northfield...

Certification of Opioid-Coverage Questions: Whether “Damages Because of Bodily Injury” Encompasses Governmental Opioid-Abatement Claims Under Georgia and Florida Law

Date: Jun 12, 2026

Certification of Opioid-Coverage Questions: Whether “Damages Because of Bodily Injury” Encompasses Governmental Opioid-Abatement Claims Under Georgia and Florida Law I. Introduction In a...