11th Circuit Case Commentaries

Rule 9(b) Requires Particularized Pleading of Reliance for Florida Fraud-Based Claims (Including Aiding-and-Abetting and Conspiracy)

Date: Aug 13, 2026

Rule 9(b) Requires Particularized Pleading of Reliance for Florida Fraud-Based Claims (Including Aiding-and-Abetting and Conspiracy) Introduction In Sharon McTurk v. Lottery.com, Inc. (11th Cir. Aug....

ADA Causation in Failure-to-Accommodate Claims: Termination May Be Attributable to Ignored Accommodation Requests Even When the Firing Decisionmaker Lacks Disability Knowledge

Date: Aug 13, 2026

ADA Causation in Failure-to-Accommodate Claims: Termination May Be Attributable to Ignored Accommodation Requests Even When the Firing Decisionmaker Lacks Disability Knowledge 1. Introduction In...

Retaliation Requires Decisionmaker Knowledge of Protected Activity, and Appellate Review Requires Challenging Each Independent Ground

Date: Aug 13, 2026

Retaliation Requires Decisionmaker Knowledge of Protected Activity, and Appellate Review Requires Challenging Each Independent Ground 1. Introduction In Ronald King v. Day & Zimmermann NPS, Inc....

Pleading Sets the Case: Summary Judgment Evidence Must Match the Disparate-Treatment Theory Plausibly Alleged in Union Referral Disputes

Date: Aug 13, 2026

Pleading Sets the Case: Summary Judgment Evidence Must Match the Disparate-Treatment Theory Plausibly Alleged in Union Referral Disputes 1. Introduction Ronald King, Anthony Robinson, Chris Samuel,...

Uncapped “All Costs” Liability in Florida Concurrency Agreements; Rights Assignment Does Not Transfer Contractual Obligations Without Express Assumption

Date: Aug 13, 2026

Uncapped “All Costs” Liability in Florida Concurrency Agreements; Rights Assignment Does Not Transfer Contractual Obligations Without Express Assumption 1. Introduction In Southeast Development...

Limited Leave to Amend After Discovery and the Evidentiary Bar for FHA Disparate-Treatment and Hostile-Housing Claims

Date: Aug 13, 2026

Limited Leave to Amend After Discovery and the Evidentiary Bar for FHA Disparate-Treatment and Hostile-Housing Claims I. Introduction Kanayo Derhem v. Bay House Miami Condominium Association (11th...

AEDPA “Atkins-Only” Review of Intellectual-Disability Claims: Hall/Moore Non-Retroactivity and Deference to State Findings (Franqui)

Date: Aug 13, 2026

AEDPA “Atkins-Only” Review of Intellectual-Disability Claims: Hall/Moore Non-Retroactivity and Deference to State Findings (Franqui) 1. Introduction In Leonardo Franqui v. Secretary, Florida...

Strict “Policy Limits” Exhaustion for Umbrella Coverage Under Florida Law

Date: Aug 13, 2026

Strict “Policy Limits” Exhaustion for Umbrella Coverage Under Florida Law I. Introduction RLI Insurance Company v. John Lehman (11th Cir. Aug. 7, 2026) addresses a recurring dispute in...

Armed Drug-Turf Shootouts: Negligent Self-Creation Defeats Self-Defense Against the § 2D1.1(d)(1) Murder Cross-Reference

Date: Aug 8, 2026

Armed Drug-Turf Shootouts: Negligent Self-Creation Defeats Self-Defense Against the § 2D1.1(d)(1) Murder Cross-Reference I. Introduction In United States v. Cristian Ponce (11th Cir. Aug. 7, 2026),...

Rule 41(b) Dismissal-with-Prejudice Requires More Than a Short-Deadline Misstep by a Pro Se Conventional Filer

Date: Aug 7, 2026

Rule 41(b) Dismissal-with-Prejudice Requires More Than a Short-Deadline Misstep by a Pro Se Conventional Filer Case: Michelle Maupin v. School Board of Miami-Dade County (11th Cir. Aug. 5, 2026) (per...

Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control

Date: Aug 7, 2026

Eleventh Circuit: 18 U.S.C. § 951’s Agent-Notification Duty Is Content-Neutral (Intermediate Scrutiny) and “Direction” Means Guidance, Not Control 1. Introduction United States v. Augustus C. Romain,...

Rule 106 After the 2023 Amendment: Completeness Admits Only What Is Necessary to Cure Misleading Context—Not Duplicative or Standalone Exculpatory Interview Narrative

Date: Aug 7, 2026

Rule 106 After the 2023 Amendment: Completeness Admits Only What Is Necessary to Cure Misleading Context—Not Duplicative or Standalone Exculpatory Interview Narrative 1. Introduction United States v....

Eleventh Circuit: Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication” in Protected-Activity Jury Instructions

Date: Aug 7, 2026

Eleventh Circuit: Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication” in Protected-Activity Jury Instructions 1. Introduction In Davita M. Key v. Dynamic...

Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication of Unlawfulness” in Retaliation Jury Instructions

Date: Aug 7, 2026

Rebutting the Three-Day Presumption of EEOC Right-to-Sue Receipt and Requiring “Communication of Unlawfulness” in Retaliation Jury Instructions Case: Davita M. Key v. Hyundai Motor Manufacturing...

Standing Fixed at Filing in ADA/RA School-Accommodation Suits; No Per Se Liability from Blanket Accommodation Bans Without Proving Necessity

Date: Aug 7, 2026

Standing Fixed at Filing in ADA/RA School-Accommodation Suits; No Per Se Liability from Blanket Accommodation Bans Without Proving Necessity Case: L.E. v. Superintendent of Cobb County School...

Judicial Immunity Shields Alabama Probate Judges for Involuntary Commitment Orders Absent Clear Lack of Subject-Matter Jurisdiction

Date: Aug 7, 2026

Judicial Immunity Shields Alabama Probate Judges for Involuntary Commitment Orders Absent Clear Lack of Subject-Matter Jurisdiction 1. Introduction In Dalton D. Banks v. Tammy Brown, the Eleventh...

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment

Date: Aug 7, 2026

Pleading Title VII Retaliation Requires “Significant” Harm and Plausible Causation; Sparse, Two-Day Harassment Allegations Do Not State a Hostile Work Environment 1. Introduction In Svetlana N....

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership

Date: Aug 7, 2026

Dish Network v. Fraifer: Third-Party Infringers Cannot Invoke § 204(a) to Attack Uncontested Copyright Transfers; UAE “Collective Work” Classification Establishes Initial Ownership 1. Introduction...

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver

Date: Aug 7, 2026

Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver 1. Introduction In United States v. Evan Graves (11th Cir. Aug. 6, 2026) (unpublished), the...

Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree

Date: Aug 7, 2026

Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree I. Introduction In United States v. Aunyis Cherry (11th Cir. Aug. 6, 2026)...