11th Circuit Case Commentaries

Individualized Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) “Sophisticated Means”; Leadership May Establish “Caused” Conduct

Date: May 28, 2026

Individualized Findings Required for U.S.S.G. § 2B1.1(b)(10)(C) “Sophisticated Means”; Leadership May Establish “Caused” Conduct Case: United States v. Betsy Alexandra Medina (consolidated with...

Individualized “Sophisticated Means” Findings Required; Leadership Role Can Satisfy the Intent Requirement Under U.S.S.G. § 2B1.1(b)(10)(C)

Date: May 28, 2026

Individualized “Sophisticated Means” Findings Required; Leadership Role Can Satisfy the Intent Requirement Under U.S.S.G. § 2B1.1(b)(10)(C) I. Introduction This unpublished consolidated Eleventh...

ALJs Must Address SSR 19-4p and Listing 11.02(B) When Evaluating Migraines at Step Three

Date: May 28, 2026

ALJs Must Address SSR 19-4p and Listing 11.02(B) When Evaluating Migraines at Step Three Case: Pakita Wright v. Commissioner of Social Security Court: United States Court of Appeals for the Eleventh...

U.S.S.G. § 2K2.1(b)(6)(B) “In Connection With” Satisfied When the Firearm Is an Element of a Distinct Concealed-Carry Felony; Unpronounced Supervised-Release Conditions Must Be Vacated

Date: May 28, 2026

U.S.S.G. § 2K2.1(b)(6)(B) “In Connection With” Satisfied When the Firearm Is an Element of a Distinct Concealed-Carry Felony; Unpronounced Supervised-Release Conditions Must Be Vacated Case: United...

ERISA Actuarial Equivalence Requires Reasonable Assumptions; QPSA Charges Must Reasonably Reflect Increased Cost

Date: May 27, 2026

ERISA Actuarial Equivalence Requires Reasonable Assumptions; QPSA Charges Must Reasonably Reflect Increased Cost I. Introduction In William Drummond v. Southern Company Services, Inc., the Eleventh...

Forum-Selection Clause “Applicability” Is Governed by the Contract’s Substantive Law; “Enforceability” Remains Federal

Date: May 27, 2026

Forum-Selection Clause “Applicability” Is Governed by the Contract’s Substantive Law; “Enforceability” Remains Federal I. Introduction Declan Flight, Inc. v. Textron eAviation, Inc. (11th Cir. May...

Emergency-Aid Seizures After Case v. Montana: Objective Reasonableness (Not Probable Cause) Governs Fourth Amendment Emergency Intervention

Date: May 27, 2026

Emergency-Aid Seizures After Case v. Montana: Objective Reasonableness (Not Probable Cause) Governs Fourth Amendment Emergency Intervention Case: Abigail Jean Marbut v. Matthew Phillips, No. 24-13309...

Nonfinal Duty-to-Defend Dismissals Are Not “Practical” Injunctions: Limits on Interlocutory Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(1)

Date: May 27, 2026

Nonfinal Duty-to-Defend Dismissals Are Not “Practical” Injunctions: Limits on Interlocutory Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(1) I. Introduction Northfield Insurance Company v. North...

Effective-Prohibition Claims Under 47 U.S.C. § 332(c)(7)(B)(i) Must Challenge Siting Rules (Regulation), Not a Single Permit Denial

Date: May 23, 2026

Effective-Prohibition Claims Under 47 U.S.C. § 332(c)(7)(B)(i) Must Challenge Siting Rules (“Regulation”), Not a Single Permit Denial Case: T-Mobile South, LLC v. City of Roswell, Georgia (11th Cir....

Marijuana Odor Alone Sustains Reasonable Suspicion to Prolong a Traffic Stop and Probable Cause to Search a Vehicle Under the Automobile Exception

Date: May 23, 2026

Marijuana Odor Alone Sustains Reasonable Suspicion to Prolong a Traffic Stop and Probable Cause to Search a Vehicle Under the Automobile Exception 1. Introduction United States v. Jalen McIntyre...

Single-Incident Evidence and Unrelated Lawsuits Do Not Prove a Monell “Custom” of Delayed Outside Referrals for Jail Medical Care

Date: May 23, 2026

Single-Incident Evidence and Unrelated Lawsuits Do Not Prove a Monell “Custom” of Delayed Outside Referrals for Jail Medical Care Case: David Windom v. Orange County (11th Cir. May 21, 2026)...

Reaffirming Keene Harmless-Error Review: Disputed Guideline Enhancements Need Not Be Resolved When the District Court Would Impose the Same Sentence and the Result Is Substantively Reasonable

Date: May 22, 2026

Reaffirming Keene Harmless-Error Review: Disputed Guideline Enhancements Need Not Be Resolved When the District Court Would Impose the Same Sentence and the Result Is Substantively Reasonable I....

Plausible Personal-Animus Allegations Defeat Alabama Deputy-Sheriff State Immunity at the Motion-to-Dismiss Stage

Date: May 22, 2026

Plausible Personal-Animus Allegations Defeat Alabama Deputy-Sheriff State Immunity at the Motion-to-Dismiss Stage 1. Introduction In Chantele Foster v. Kevin Emberg (11th Cir. May 19, 2026)...

Non-Hearsay “Effect on Listener” Informant Statements and Text-Based Attempted Drug Deals as Relevant Conduct

Date: May 22, 2026

Non-Hearsay “Effect on Listener” Informant Statements and Text-Based Attempted Drug Deals as Relevant Conduct 1. Introduction In United States v. Demetris Bellamy (11th Cir. May 20, 2026) (per...

Deadly Force Permitted Against a Pinned but Still-Accelerating Vehicle; De Minimis Arrest Force, No Failure-to-Intervene Liability, and Georgia Sheriff Sovereign Immunity

Date: May 22, 2026

Deadly Force Permitted Against a Pinned but Still-Accelerating Vehicle; De Minimis Arrest Force, No Failure-to-Intervene Liability, and Georgia Sheriff Sovereign Immunity Case: Nicholas Bolton v....

Rule 41(a)(1)(B) Two-Dismissal Rule Applies Even When the First Dismissal Is by Agreement; Second Notice Dismissal Is With Prejudice and Bars Relitigation in the Same Court (Including After Transfer)

Date: May 22, 2026

Rule 41(a)(1)(B) Two-Dismissal Rule Applies Even When the First Dismissal Is by Agreement; Second Notice Dismissal Is With Prejudice and Bars Relitigation in the Same Court (Including After Transfer)...

Judicial Notice to Resolve Standing and Post-Judgment Hearing Suffices Under Rule 201(e); Fabricated Authorities Stricken for Lack of Candor

Date: May 22, 2026

Judicial Notice to Resolve Standing and Post-Judgment Hearing Suffices Under Rule 201(e); Fabricated Authorities Stricken for Lack of Candor 1. Introduction In Raquel Downing v. Dwayne Brown, Raquel...

No Separate Explanation Required for Reimposed Supervised Release When § 3553(a) Rationale Is Already Stated for Revocation Imprisonment

Date: May 22, 2026

No Separate Explanation Required for Reimposed Supervised Release When § 3553(a) Rationale Is Already Stated for Revocation Imprisonment Introduction In United States v. Ronald Leon Hall, Jr. (11th...

Eleventh Circuit Reaffirms: No Appellate Review of Discretionary Downward-Departure Denials and Deferential Substantive-Reasonableness Review Despite Mitigation Evidence

Date: May 22, 2026

Eleventh Circuit Reaffirms: No Appellate Review of Discretionary Downward-Departure Denials and Deferential Substantive-Reasonableness Review Despite Mitigation Evidence 1. Introduction In United...

Keene Harmless-Error Sentencing: Affirmance Where the District Court Would Impose the Same Sentence and the Sentence Remains Substantively Reasonable

Date: May 22, 2026

Keene Harmless-Error Sentencing: Affirmance Where the District Court Would Impose the Same Sentence and the Sentence Remains Substantively Reasonable I. Introduction In United States v. Malik...