11th Circuit Case Commentaries

Rule 60(b): New Evidence Must Address the Grounds for Dismissal, and the Catch-All Provision Cannot Duplicate Specific Grounds

Date: Oct 30, 2026

Rule 60(b): New Evidence Must Address the Grounds for Dismissal, and the Catch-All Provision Cannot Duplicate Specific Grounds Case: Cyrille Kouambo Beckodro v. John Doe 1 Court: United States Court...

Plausible Racial Intent and Separate Consideration of Retaliation Under §§ 1981 and 1982

Date: Oct 29, 2026

Plausible Racial Intent and Separate Consideration of Retaliation Under §§ 1981 and 1982 Case: Josue Batista v. Michael Saba Court: United States Court of Appeals for the Eleventh Circuit Date:...

Observed Criminal Ordinance Violations Can Make Repleading Futile; Later Filing Restrictions Require a Timely Appeal

Date: Oct 29, 2026

Observed Criminal Ordinance Violations Can Make Repleading Futile; Later Filing Restrictions Require a Timely Appeal Case: Ramon Ruiz v. City of Miami Beach Court: United States Court of Appeals for...

Physical-Restraint Enhancement Requires Resentencing Under the Clarified Contact-or-Confinement Standard

Date: Oct 29, 2026

Physical-Restraint Enhancement Requires Resentencing Under the Clarified Contact-or-Confinement Standard Case: United States v. Johnson Saint-Louis, No. 24-13084 Court: United States Court of Appeals...

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal

Date: Oct 28, 2026

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal Case: Dorian Frank O'Kelley v. Warden, Georgia Diagnostic Prison Court: United States...

Government Appeals of Sentence Reductions and the Limits of Nonretroactive § 924(c) Reform

Date: Oct 28, 2026

Government May Appeal Final Sentence Reductions for Legal Error; Nonretroactive § 924(c) Reform Cannot Establish Compassionate-Release Eligibility Case: United States v. Abel Rizo Court: United...

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims

Date: Oct 28, 2026

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims Case: Sir George William Buckley v. Detlef Schneider Court: United States Court of Appeals for the Eleventh...

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice

Date: Oct 28, 2026

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice Case: United States v. Alonzo B. Hill, Jr. Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver

Date: Oct 28, 2026

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver Case: United States v. Maicor Eliud Cepeda-Garcia Court: United States Court of Appeals...

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline

Date: Oct 28, 2026

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline Case: Brett Cormier v. Florida Department of Corrections Court: United States Court of Appeals for the Eleventh Circuit...

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative

Date: Oct 28, 2026

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative Case: Safe Affordable Georgia, Inc. v. Chairman of the State Ethics Commission, No....

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal

Date: Oct 28, 2026

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal Case: United States v. David Gibson Court: United States Court of Appeals for the Eleventh...

Supplemental Federal Flood-Insurance Claims Require Amount-Specific Proofs of Loss

Date: Oct 24, 2026

Supplemental Federal Flood-Insurance Claims Require Amount-Specific Proofs of Loss Case: Bay Haven at Coco Bay Condominium Association, Inc v. Hartford Insurance Company of the Midwest Court: United...

Codefendant Sentencing Comparisons Are Permissible Within an Individualized § 3553(a) Analysis

Date: Oct 24, 2026

Codefendant Sentencing Comparisons Are Permissible Within an Individualized § 3553(a) Analysis Case: United States v. Emmanuel Othello Court: United States Court of Appeals for the Eleventh Circuit...

Material Loan Fraud Does Not Require Intended Economic Harm: United States v. Guerby Rene

Date: Oct 24, 2026

Material Loan Fraud Does Not Require Intended Economic Harm: United States v. Guerby Rene Court: United States Court of Appeals for the Eleventh Circuit Date: October 23, 2026 Case: No. 24-13113...

Unreserved Payments Under a Lower-Deductible Determination Can Waive a Higher Insurance Deductible

Date: Oct 24, 2026

Unreserved Payments Under a Lower-Deductible Determination Can Waive a Higher Insurance Deductible Case: First Solar Electric LLC v. Zurich American Insurance Company Court: United States Court of...

Co-Conspirator Relevant Conduct Can Support the Drug-Premises Sentencing Enhancement

Date: Oct 24, 2026

Co-Conspirator Relevant Conduct Can Support the Drug-Premises Sentencing Enhancement Case: United States v. Torri McLaurin, No. 24-11532 Court: United States Court of Appeals for the Eleventh Circuit...

Incorporated Attachments and Curtilage Can Sustain Residential Search Warrants Against § 1983 Challenges

Date: Oct 24, 2026

Incorporated Attachments and Curtilage Can Sustain Residential Search Warrants Against § 1983 Challenges Case: Kevin Bain v. Brandon McCord, No. 25-11088 Court: United States Court of Appeals for the...

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review

Date: Oct 23, 2026

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review Case: United States v. Michael Kendrick Court: United States Court of Appeals for the Eleventh Circuit...

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law

Date: Oct 23, 2026

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law Case: Raquel Downing v. Cook Brothers Funeral Directors Court: United States Court of Appeals...