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  • Commentaries
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11th Circuit Case Commentaries

Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ

Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ

Date: Oct 24, 2025
Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ Commentary on United States v. Francisco Rijo-Rijo, et al. (consolidated), Nos. 23-12779, 23-12828,...
Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover (11th Cir. 2025)

Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover (11th Cir. 2025)

Date: Oct 24, 2025
Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover...
Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025)

Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025)

Date: Oct 24, 2025
Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (per...
Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways

Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways

Date: Oct 22, 2025
Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways...
Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)

Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)

Date: Oct 22, 2025
Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)...
Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries

Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries

Date: Oct 22, 2025
Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th Cir. Oct. 21, 2025) (per...
No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries

No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries

Date: Oct 22, 2025
No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th...
Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Date: Oct 22, 2025
Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis Introduction In Center for...
Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Date: Oct 22, 2025
Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees Introduction In Hybrid Pharma LLC v. Matthew...
Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules

Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules

Date: Oct 22, 2025
Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules Introduction In...
Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025)

Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025)

Date: Oct 22, 2025
Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025) Introduction...
Purity Irrelevant to § 841(b)(1)(B) Mandatory Minimums; “Standard” Supervised-Release Conditions May Be Imposed by Reference — United States v. King (11th Cir. 2025)

Purity Irrelevant to § 841(b)(1)(B) Mandatory Minimums; “Standard” Supervised-Release Conditions May Be Imposed by Reference — United States v. King (11th Cir. 2025)

Date: Oct 22, 2025
PURITY IRRELEVANT TO § 841(b)(1)(B) MANDATORY MINIMUMS; “STANDARD” SUPERVISED-RELEASE CONDITIONS MAY BE IMPOSED BY REFERENCE United States v. Adam Joseph King, No. 24-12265 (11th Cir. Oct. 20, 2025)...
Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)

Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)

Date: Oct 22, 2025
Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)...
Officer-Action-Only Clock: Eleventh Circuit Clarifies That Subject-Caused Hesitation and Concurrent K‑9 Calls Do Not Prolong a Traffic Stop; Reaffirms § 922(g)(1) After Bruen and Rahimi

Officer-Action-Only Clock: Eleventh Circuit Clarifies That Subject-Caused Hesitation and Concurrent K‑9 Calls Do Not Prolong a Traffic Stop; Reaffirms § 922(g)(1) After Bruen and Rahimi

Date: Oct 22, 2025
Officer-Action-Only Clock: Eleventh Circuit Clarifies That Subject-Caused Hesitation and Concurrent K‑9 Calls Do Not Prolong a Traffic Stop; Reaffirms § 922(g)(1) After Bruen and Rahimi Introduction...
Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Date: Oct 19, 2025
Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non‑Argument...
WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro)

WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro)

Date: Oct 19, 2025
WPEA Supersedes ATSA: TSA Screeners May Sue Under the Rehabilitation Act in Federal Court (Abrogating Castro) Introduction This published decision from the United States Court of Appeals for the...
No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe

Date: Oct 19, 2025
No Notice, No Liability: Eleventh Circuit Clarifies Supervisory/Municipal Standards and TVPRA “Knowingly Benefit” Requirement in Bridges v. Poe Introduction In a published decision addressing...
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1

Date: Oct 19, 2025
Antique and De Minimis Ivory Exceptions Do Not Negate Federal Duty to Declare: Eleventh Circuit Clarifies Smuggling Mens Rea and Permits Use of Asking Prices to Value Wildlife Art Under § 2Q2.1...
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Date: Oct 18, 2025
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing Introduction In United States v. Francisco Javier Montano-Ortiz, the...
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Date: Oct 18, 2025
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause Introduction This consolidated, unpublished...
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