11th Circuit Case Commentaries

“The Family Time Doctrine”: Eleventh Circuit Holds that Alleged Post-Service Damage Does Not Defeat a Maritime Lien and Confirms Expedited Sale Power after Owner’s Delay

Date: Jun 30, 2025

“The Family Time Doctrine”: Eleventh Circuit Holds that Alleged Post-Service Damage Does Not Defeat a Maritime Lien and Confirms Expedited Sale Power after Owner’s Delay Introduction In Naval...

United States v. Chandler and the Eleventh Circuit’s Post-Loper Bright Endorsement of Kisor Deference to Sentencing-Guidelines Commentary

Date: Jun 30, 2025

United States v. Chandler and the Eleventh Circuit’s Post-Loper Bright Endorsement of Kisor Deference to Sentencing-Guidelines Commentary Introduction In United States v. Gregory Chandler, Jr., Nos....

Reaffirming Kisor Deference and the 75-to-1 Video-Image Ratio under U.S.S.G. §2G2.2: A Commentary on United States v. Gregory Chandler, Jr.

Date: Jun 30, 2025

Reaffirming Kisor Deference and the 75-to-1 Video-Image Ratio under U.S.S.G. § 2G2.2 – Commentary on United States v. Gregory Chandler, Jr. 1. Introduction In United States v. Gregory Chandler, Jr.,...

United States v. Lawson: Clarifying “Reasonable Delay” for Digital-Device Search Warrants in Complex Fraud Investigations

Date: Jun 30, 2025

United States v. Lawson: Clarifying “Reasonable Delay” for Digital-Device Search Warrants in Complex Fraud Investigations 1. Introduction The Eleventh Circuit’s unpublished decision in United States...

United States v. Kelvontae Brown: Eleventh Circuit Re-Affirms the Presumptive Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi

Date: Jun 30, 2025

United States v. Kelvontae Brown: Eleventh Circuit Re-Affirms the Presumptive Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi 1. Introduction United States v. Kelvontae Brown, No....

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Date: Jun 23, 2025

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud 1. Introduction In Gent Row, LLC v. Truist Financial Corporation, No. 24-10387...

United States v. Shavers & Jones – Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA

Date: Jun 23, 2025

United States v. Alfred Lamar Shavers & Tyrone James Jones Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA 1. Introduction On 20 June 2025 the Eleventh Circuit, sitting...

Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla

Date: Jun 23, 2025

Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla Introduction In United States v. Belarminio...

Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses: A Commentary on United States v. Enrique Diaz (11th Cir. 2025)

Date: Jun 23, 2025

Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses Commentary on United States v. Enrique Diaz, No. 22-13149 (11th Cir. June 20, 2025)...

“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1))

Date: Jun 23, 2025

“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1)) 1. Introduction The decision in United States v....

“From Gate-Pass to Scope of Employment” – The Eleventh Circuit’s New Guidance on When a Commute Ends for Vicarious-Liability Purposes

Date: Jun 20, 2025

“From Gate-Pass to Scope of Employment” – The Eleventh Circuit’s New Guidance on When a Commute Ends for Vicarious-Liability Purposes Case Commented: Richard Hicks v. Gregory Middleton, et al. Court:...

“One Worksite, One Employer”: The Eleventh Circuit Defines Single-Employer Liability and the Secretary’s Burden of Proving Economic Feasibility under OSHA’s General Duty Clause

Date: Jun 20, 2025

“One Worksite, One Employer”: The Eleventh Circuit Defines Single-Employer Liability and the Secretary’s Burden of Proving Economic Feasibility under OSHA’s General Duty Clause Introduction UHS of...

When Flight and Vehicle Dominion Suffice: Eleventh Circuit Clarifies Threshold for Knowledge in Constructive Possession of Narcotics (United States v. Youngblood, 2025)

Date: Jun 20, 2025

When Flight and Vehicle Dominion Suffice: Eleventh Circuit Clarifies Threshold for Knowledge in Constructive Possession of Narcotics Commentary on United States v. Emmanuel Youngblood, No. 24-12647...

No Duty Without Particularized Notice – The Eleventh Circuit Narrows Cruise-Line Liability for Passenger-on-Passenger Assaults

Date: Jun 20, 2025

No Duty Without Particularized Notice – The Eleventh Circuit Narrows Cruise-Line Liability for Passenger-on-Passenger Assaults Introduction In J.F. v. Carnival Corporation, the U.S. Court of Appeals...

“No Second-Class Litigants”: The Eleventh Circuit Confirms That Pro Se Status Does Not Shield Parties from Rule 41(b) Dismissal — A Commentary on Dewitt Coates v. Lyft, Inc.

Date: Jun 18, 2025

“No Second-Class Litigants”: The Eleventh Circuit Confirms That Pro Se Status Does Not Shield Parties from Rule 41(b) Dismissal — A Commentary on Dewitt Coates v. Lyft, Inc. Introduction The United...

Eleventh Circuit Reaffirms § 922(g)(1) Felon-in-Possession Ban After Bruen and Rahimi

Date: Jun 18, 2025

Eleventh Circuit Reaffirms § 922(g)(1) Felon-in-Possession Ban After Bruen and Rahimi Introduction United States v. Kenya Miguel Johnson, No. 23-10642 (11th Cir. June 16, 2025) is an unpublished but...

Reaffirming the Presumptive Lawfulness of Felon-in-Possession Statutes after Bruen and Rahimi – A Commentary on United States v. Walter Rider

Date: Jun 18, 2025

Reaffirming the Presumptive Lawfulness of Felon-in-Possession Statutes after Bruen and Rahimi A Comprehensive Commentary on United States v. Walter Rider, 23-13043 (11th Cir. 2025) I. Introduction In...

Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts

Date: Jun 18, 2025

Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts Introduction In Dorys Acosta v. Acting Commissioner of...

Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases: Comment on Manuel Labrada v. U.S. Attorney General (11th Cir. 2025)

Date: Jun 18, 2025

Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases Commentary on Manuel Labrada v. U.S. Attorney General, 11th Cir., 13 June 2025 1. Introduction...

“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions – Commentary on United States v. Isaac Alvarez (11th Cir. 2025)

Date: Jun 18, 2025

“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions Commentary on United States v. Isaac Alvarez, No. 23-12286 (11th Cir. June 13, 2025) (unpublished) 1....

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