Florida Aggravated Assault (§ 784.021(1)(a)) Categorically Qualifies as an INA “Crime of Violence” Under 18 U.S.C. § 16 (Somers Controls in Immigration Cases) I. Introduction In Woff Senatus v. U.S....
Rule 12 “Good Cause” Requires Prompt Action: Inadvertence and Late Discovery Do Not Excuse Untimely Wiretap Suppression Motions Case: United States v. Alberico Crespo (11th Cir. June 10, 2026) |...
Emotional Offense at Confederate Symbols Is Not an Article III Injury; Municipal Taxpayer Standing Requires Plausible Expenditure Allegations Case: Earl M. Johnson, Jr. v. Mayor, City of Jacksonville...
§ 841(b)(1)(C) “Death Results” Enhancement in the Eleventh Circuit: Applies to Possession-with-Intent, Requires No Extra Mens Rea, and Turns Only on But-For Causation (No Proximate/Intervening-Cause...
Rule 15(a)(1) Amended Complaint Supersedes Prior Pleadings and Defeats Appellate Finality When New Claims/Parties Remain Unadjudicated 1. Introduction In Tavoris Simmons v. Warden, Century CIC (11th...
Severe “Air Hunger” During Nitrogen Hypoxia Can Satisfy Glossip Prong One (11th Cir. 2026) Case: Jeffery Lee v. Commissioner, Alabama Department of Corrections, et al., No. 26-11864 Court/Date: U.S....
Eleventh Circuit: Social Security Appellants Forfeit Issues Not Raised with Particularity in District Court; Listings 1.21 and 8.08 Require Specific Medical Proof Case: Victor Gerard Guyton, II v....
Abdulsamad v. Director, Georgia Bureau of Investigation: Reaffirming Dismissal of Pro Se “Shotgun Pleadings” and Rejecting Appellate Judicial Notice of Disputed Inferences from FOIPA Responses I....
Florida Multiple-Claimant Bad-Faith Claims: Summary Judgment Appropriate Where Insurer Pursues Global Settlement, Keeps Insured Informed, and Claimant Refuses to Negotiate Case: Sienna Grimes v....
Eleventh Circuit: U.S.S.G. § 1B1.13(b)(6)’s Ten-Year Service Requirement Is Mandatory, and Constitutional ACCA “Occasions” Claims Do Not Expand Compassionate-Release Eligibility Case: United States...
§ 1988 Fees May Include Work on an Unsuccessful Trial When Claims Share a Common Core of Facts and Plaintiff Ultimately Achieves Excellent Results Case: Kenneth Bailey v. Shawn T. Swindell (11th...
Asylum Denied Where Political-Party Attack Is Treated as Private-Actor Harm and the Record Does Not Compel “Unable or Unwilling to Protect” Introduction In Jashim Uddin v. U.S. Attorney General (11th...
Eleventh Circuit Reaffirms: Unbriefed Sovereign-Immunity Ground Requires Affirmance and FTCA Malpractice Claims Demand Timely Presentment and Proper Defendant Framing I. Introduction In Glenn Cohen...
Eleventh Circuit Reaffirms: “Picked On” Complaints and Remote Timing Do Not Establish Retaliation; Comparator and Pretext Showings Require Material Similarity and Evidentiary Support 1. Introduction...
FTCA Presentment Requires “Receipt” by the Agency, Not Suspicious Emails to Random Employees I. Introduction In Jessica Hernandez v. United States (11th Cir. June 8, 2026) (per curiam) (unpublished),...
Rule 11 “Nature of the Charges” for Simple § 963 Drug Conspiracies May Be Satisfied by the Record as a Whole (Including a Detailed Factual Proffer) on Plain-Error Review 1. Introduction In United...
Speculation Cannot Establish an Arbitration Agreement; Florida Ratification Requires Full Knowledge; Antitrust Claims Not Estopped Into SaaS Arbitration Case: Ya Mon Expeditions, LLC v. YATCO, LLC...
Consent Judgments as Contractual Authorization to Recover “Expenses” Beyond § 1920 in EPA/FLSA Fee Awards I. Introduction In Gloria Holladay v. Gestamp Alabama, LLC (11th Cir. June 10, 2026) (per...
Consent Judgments as Contractual Authority to Award “Expenses” Beyond § 1920 in EPA Fee Litigation Introduction In Gloria Holladay v. Gestamp Alabama, LLC (11th Cir. June 10, 2026) (per curiam) (not...
Claims Adjusters Owe No Duty to Provide Legal Advice on Florida Bad-Faith Exposure; Insurer’s Own Settlement-Check Decision Breaks Causation Case: Goauto Insurance Company v. 2B Claims Services Inc....