11th Circuit Case Commentaries

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified Mailing

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified...

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense (United States v. Foley)

Date: Sep 30, 2025

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense Introduction In United States v....

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims

Date: Sep 30, 2025

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims Introduction In Jeffrey Thelen v. Somatics, LLC,...

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa

Date: Sep 30, 2025

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa Introduction In United States v....

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a)

Date: Sep 30, 2025

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a) Introduction In this unpublished per curiam decision, the Eleventh...

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action

Date: Sep 27, 2025

Remote Work for In‑Person K‑12 Teaching Requires Plausible, Specific ADA Pleadings; Denial of Accommodation Alone Is Not a Retaliatory Adverse Action Introduction In Bodie-Jernigan v. School Board of...

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts

Date: Sep 27, 2025

Actual Reliance and Invited Error: Eleventh Circuit Clarifies Challenges to Sentences Based on Disputed PSI Facts Introduction In United States v. Jacob Elijah Groover, No. 24-13068 (11th Cir. Sept....

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or “Exceptional Circumstances” Without Clear, Prejudicial Proof

Date: Sep 27, 2025

Reaffirming the High Bar for Post‑Judgment Relief: Eleventh Circuit Clarifies that Alleged Opponent‑Induced Attorney Conflicts and Summary‑Judgment Misstatements Do Not Constitute Rule 60 Fraud or...

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle — United States v. Meyers (11th Cir. 2025)

Date: Sep 27, 2025

Circumstantial Evidence and Motive Can Sustain Sentencing Fact-Finding; Unpreserved Procedural Claims Face Plain-Error Hurdle Case: United States v. Leslie Meyers, No. 24-12915 (11th Cir. Sept. 26,...

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term

Date: Sep 27, 2025

No Post‑Judgment Conversion to Concurrency: Eleventh Circuit Affirms That Only Statutory Mechanisms Permit Changing a Federal Sentence to Run Concurrently with a Later‑Imposed State Term Introduction...

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness — Commentary on Canyon Moye v. Pouparinas (11th Cir. 2025)

Date: Sep 27, 2025

Post-Wade Deliberate Indifference: Knowingly Ineffective Treatment and Cancellation of IV Antibiotics Can Establish Subjective Recklessness Case: Canyon Duff Moye v. Manuel Pouparinas Court: U.S....

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...

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)...

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