Tallahassee Bail Fund: Article III Standing Exists, but No Third-Party Standing to Challenge Florida’s Bond-Withholding Scheme as Excessive Bail 1. Introduction In Tallahassee Bail Fund v. Clerk of...
Harmless-Error Rule for Procedurally Irregular Substantive Consolidation of Non-Debtor Alter Egos I. Introduction In Donald Smith v. Sonya Salkin Slott, arising from the Chapter 7 case of In re: No...
Claim Preclusion Bars New Constitutional Theories Arising from the Same Child-Support Enforcement Actions 1. Introduction In Paul Walde v. Sharon Keri (11th Cir. June 1, 2026) (unpublished,...
§ 751(a) Escape: Knowledge of Unauthorized Departure Suffices; “Willfulness” Not Required (and Not Plainly Required on Unpreserved Review) Publication status: The decision is labeled “NOT FOR...
Rule 41(g) Venue Is Mandatory in the District of Seizure; No Sua Sponte Transfer Required 1. Introduction In United States v. James Sabatino (11th Cir. June 1, 2026) (per curiam) (not for...
Last Chance Agreements and Retaliation: Conditioning Continued Employment on Dropping an EEOC Charge Does Not Show Pretext When Termination Is for Post-Agreement Misconduct 1. Introduction In Jessica...
Nonprofit Bail Funds Have Article III Standing but Lack Third-Party Standing to Litigate Excessive-Bail Claims Where Indigent Detainees Have “Open Avenues” to Sue Introduction Case: Tallahassee Bail...
Statistics Alone Do Not Prove Unwarranted Disparity; Upward Variance Sustained When Guidelines Understate Egregious Assault Conduct Case: United States v. Terry Carrington (11th Cir. May 29, 2026)...
Georgia Counties Are Not “Joint Employers” of Juvenile Court Staff When State Law Vests Employment Control in the Chief Judge Case: Rose Pope v. Fulton County Government (11th Cir. May 29, 2026) (per...
SEC May Approve IEX Options’ Anti–Latency-Arbitrage Model Without CAT Modeling; ORP Quotes Are “Protected” Under the Options Plan Case: Citadel Securities LLC v. U.S. Securities and Exchange...
Named Windstorm Deductible Requires “Locations Damaged”: Minimum Deductible Applies When Prevention Avoids Damage Case: Florida East Coast Holdings Corporation v. Lexington Insurance Company Court:...
Exhibits Can Defeat a § 1983 Pleading and “Similarly Situated” Comparators Must Match Consent-Based Recording Rules in a Limited Public Forum I. Introduction In Andrew Sheets v. Kelvin Jimenez (11th...
Mootness After Rescission: Vaccine-Mandate Challenges Are Non-Justiciable When the Complaint Targets Only the Mandate, Not a Continuing Accommodation Policy Introduction In Air Force Officer v. Lloyd...
Heck Bars Post-Sentence Declaratory/Injunctive Attacks on an Uninvalidated Conviction and Speculative Collateral-Consequences Allegations Fail Article III Standing I. Introduction In Michael Townes...
Florida “Community Control” (Home Confinement) Is a “Term of Imprisonment” Under INA § 1101(a)(48)(B), Triggering the Aggravated-Felony Bar to Cancellation 1. Introduction In Margarito...
Title VII Employee-Headcount Damages Cap Is an Affirmative Defense Subject to Waiver; Unallocated Federal/State Verdicts Permit Stacking of Statutory Maximums I. Introduction In Malak Khatabi v. Car...
Speculative Expert-Witness Ineffectiveness Claims Do Not Establish Strickland Prejudice Under AEDPA (and Do Not Warrant a Federal Evidentiary Hearing) 1. Introduction In James T. Roberts v....
Post-Settlement Release Cuts Off Medicare Secondary Payer “Responsibility” for Future Medicals (and Defeats FCA Theories Premised on Primary-Payer Status) Case: Penelope Stillwell v. State Farm Fire...
Failure to Provide a Hearing Transcript Compels Affirmance and Absolute Prosecutorial Immunity Bars § 1983 Damages for Advocacy-Phase Evidence Use 1. Introduction In Lakeria Montgomery v. Coy Morgan...
Rule 68 “More Favorable” Comparison Excludes Counterclaim Offsets and Looks Only to the Claim the Offeror Defends 1. Introduction In Susan Cornelius, as Personal Representative of the Estate of...