11th Circuit Case Commentaries

Signing ICC Terms of Reference as “Clear and Unmistakable” Delegation of Arbitrability: Eleventh Circuit Affirms Confirmation Against a Non‑Signatory Under the New York Convention

Date: Sep 26, 2025

Signing ICC Terms of Reference as “Clear and Unmistakable” Delegation of Arbitrability: Eleventh Circuit Affirms Confirmation Against a Non‑Signatory Under the New York Convention Introduction This...

No Industry Standard, No Immunity: Eleventh Circuit Holds Standard of Care and Causation Are Jury Questions in Negligent-Work Exclusion vs. “Equipment Breakdown” Coverage Disputes

Date: Sep 26, 2025

No Industry Standard, No Immunity: Eleventh Circuit Holds Standard of Care and Causation Are Jury Questions in Negligent-Work Exclusion vs. “Equipment Breakdown” Coverage Disputes Introduction This...

EEZs Are Part of the “High Seas” and Congress May Define “Stateless” Broadly Under the MDLEA: Eleventh Circuit Affirms in United States v. Guzman‑Javier

Date: Sep 26, 2025

EEZs Are Part of the “High Seas” and Congress May Define “Stateless” Broadly Under the MDLEA United States v. Carlos Guzman‑Javier (and Consolidated Appeals) Introduction In this unpublished,...

Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi

Date: Sep 26, 2025

Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi Introduction In United States v. Ernell Shaw, No....

EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez

Date: Sep 26, 2025

EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez...

EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed

Date: Sep 26, 2025

EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed Introduction In this consolidated, unpublished per curiam...

Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Date: Sep 26, 2025

Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII Introduction In Emily Vincent v. ATI...

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

Date: Sep 26, 2025

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided Introduction In United...

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

Date: Sep 26, 2025

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)...

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

Date: Sep 26, 2025

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC...

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

Date: Sep 26, 2025

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez Introduction In a...

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Date: Sep 26, 2025

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply Introduction This commentary...

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges

Date: Sep 26, 2025

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges...

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation

Date: Sep 26, 2025

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation Case: United States v. Sudiata Neket Zanja Stinson, No. 24-11993 (11th Cir. Sept. 25, 2025)...

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas

Date: Sep 26, 2025

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas Case Overview Case: United States v. Cristian...

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed

Date: Sep 26, 2025

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed Introduction In United States v. Cloepha Franks, No. 24-11546 (11th...

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Date: Sep 26, 2025

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld Commentary on United States v....

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

Date: Sep 26, 2025

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests Introduction In a published...

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

Date: Sep 26, 2025

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello Introduction This commentary analyzes the...

Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Date: Sep 26, 2025

Erlinger’s Admission Exception in Practice: Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements Case: United States v. Hiawatha Laquinta Scott, III, No. 24-11045 (11th Cir....

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