11th Circuit Case Commentaries

Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails

Date: Sep 16, 2026

Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails I. Introduction Case: Jesse Lee v. City...

United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a)

Date: Sep 16, 2026

United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a) 1. Introduction In United States v. Dontae D. Burton (11th Cir....

General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful Cross-Examination and a Complete Defense

Date: Sep 16, 2026

General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful...

Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84 Liability)

Date: Sep 16, 2026

Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84...

Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory

Date: Sep 16, 2026

Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory I. Introduction In John Lapikas...

Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to Amend

Date: Sep 16, 2026

Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to...

Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon

Date: Sep 16, 2026

Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon 1. Introduction In United States v. Rafael Gutierrez (11th Cir. Sept. 14, 2026)...

Upward Variance Upheld When District Court Adopts Government’s Sentencing Rationale and Provides Reviewable § 3553(c)(2) Reasons

Date: Sep 16, 2026

Upward Variance Upheld When District Court Adopts Government’s Sentencing Rationale and Provides Reviewable § 3553(c)(2) Reasons 1. Introduction In United States v. Salim Mohamed Yehya Alsahqani...

Accrual of Florida Tortious-Interference-with-Inheritance Claims Begins When Probate Defeats the Expected Will (Not When Probate Litigation Ends)

Date: Sep 15, 2026

Accrual of Florida Tortious-Interference-with-Inheritance Claims Begins When Probate Defeats the Expected Will (Not When Probate Litigation Ends) Case: Charles Steven Chauncy v. Dennis Lee Gorden...

Equitable Estoppel Cannot Expand an Arbitration Clause Expressly Limited to “Employer” and “Employee” Under Florida Law

Date: Sep 15, 2026

Equitable Estoppel Cannot Expand an Arbitration Clause Expressly Limited to “Employer” and “Employee” Under Florida Law Introduction In Dennis Campbell v. AIVA Global, Inc., James Muller, and Maria...

Substantial-Truth Protection for Headlines: “Assault” vs. “Battery” and the Use of Video/Police Reports at the Rule 12(b)(6) Stage

Date: Sep 15, 2026

Substantial-Truth Protection for Headlines: “Assault” vs. “Battery” and the Use of Video/Police Reports at the Rule 12(b)(6) Stage Case: James Thomas Carlan v. Tegna Inc. (No. 26-10758) Court: United...

Self-Serving Sworn Testimony Can Defeat Summary Judgment in FLSA Off-the-Clock Overtime Claims (Even When Late-Disclosed Texts Are Excluded)

Date: Sep 15, 2026

Self-Serving Sworn Testimony Can Defeat Summary Judgment in FLSA Off-the-Clock Overtime Claims (Even When Late-Disclosed Texts Are Excluded) I. Introduction In Patrick Byrne v. Goodwill South Florida...

Record-Based Sentencing Explanations and Uncharged-Conduct Justifications for Upward Variances in Illegal Reentry Cases

Date: Sep 15, 2026

Record-Based Sentencing Explanations and Uncharged-Conduct Justifications for Upward Variances in Illegal Reentry Cases 1. Introduction In United States v. Cristofer Pecero-Ramirez (11th Cir. Sept....

Controlled-Buy Corroboration, Totality-Based Felon-in-Possession Reasonable Suspicion, and the Public-Safety Pre-Miranda Gun Question

Date: Sep 15, 2026

Controlled-Buy Corroboration, Totality-Based Felon-in-Possession Reasonable Suspicion, and the Public-Safety Pre-Miranda Gun Question Case: United States v. Johnny Smith, Jr. (11th Cir. Sept. 11,...

Reaffirming Admissibility of Prior Felon-in-Possession Convictions to Prove Knowing Possession, and Permitting Comment on Post-Arrest, Pre-Miranda Silence in the Eleventh Circuit

Date: Sep 15, 2026

Reaffirming Admissibility of Prior Felon-in-Possession Convictions to Prove Knowing Possession, and Permitting Comment on Post-Arrest, Pre-Miranda Silence in the Eleventh Circuit Case: United States...

General Credibility Finding Can Sustain § 3C1.1 Perjury Enhancement; No Minor-Role Reduction Where Relevant Conduct Equals Defendant’s Own Money-Laundering Activity

Date: Sep 12, 2026

General Credibility Finding Can Sustain § 3C1.1 Perjury Enhancement; No Minor-Role Reduction Where Relevant Conduct Equals Defendant’s Own Money-Laundering Activity I. Introduction In United States...

Mixed-Motive Title VII Claims Require Evidence of a Motivating Factor; Independent Investigations Break “Cat’s Paw” Causation

Date: Sep 12, 2026

Mixed-Motive Title VII Claims Require Evidence of a Motivating Factor; Independent Investigations Break “Cat’s Paw” Causation 1. Introduction In Amanda Fennel v. Elmore County Board of Education...

Non-Signatories May Be Enjoined for Aiding a Non-Compete Breach; Record-Based Territory and Customer/Workforce Loss Support Irreparable Harm

Date: Sep 12, 2026

Non-Signatories May Be Enjoined for Aiding a Non-Compete Breach; Record-Based Territory and Customer/Workforce Loss Support Irreparable Harm I. Introduction Puris, LLC. v. CMG Pipelines, Inc. (11th...

Federal Rule 8 Governs Pleading of Underlying Tort for Georgia Negligent-Retention Claims in Federal Court

Date: Sep 12, 2026

Federal Rule 8 Governs Pleading of Underlying Tort for Georgia Negligent-Retention Claims in Federal Court 1. Introduction In Syurii-Kiaira Smith v. Birge & Held Property Management, LLC, the...

Law-of-the-Case Bars Renewed Rule 404(b) Admissibility Challenges on Retrial; “Same Sentence Anyway” Renders Guidelines Disputes Non-Dispositive if Substantively Reasonable

Date: Sep 12, 2026

Law-of-the-Case Bars Renewed Rule 404(b) Admissibility Challenges on Retrial; “Same Sentence Anyway” Renders Guidelines Disputes Non-Dispositive if Substantively Reasonable Case: United States v....