11th Circuit Case Commentaries

Dismissal Without Prejudice as a Permissible Sanction for Incomplete Prisoner Litigation-History Disclosures on Court-Required Forms

Date: May 22, 2026

Dismissal Without Prejudice as a Permissible Sanction for Incomplete Prisoner Litigation-History Disclosures on Court-Required Forms Case: Jay Alan Meeks v. Holmes Correctional Institution, et al.,...

§ 841(b)’s “Notwithstanding § 3583” Clause Defeats Statutory-Maximum Supervised-Release Objections; No Ineffective Assistance Absent a Clear Instruction to Appeal

Date: May 22, 2026

§ 841(b)’s “Notwithstanding § 3583” Clause Defeats Statutory-Maximum Supervised-Release Objections; No Ineffective Assistance Absent a Clear Instruction to Appeal Case: Carl Kizziah v. United States...

Late-Notice Presumption Rebutted by Insurer’s Own Investigation Evidence Creates a Jury Question Under Florida Property Insurance Law

Date: May 22, 2026

Late-Notice Presumption Rebutted by Insurer’s Own Investigation Evidence Creates a Jury Question Under Florida Property Insurance Law Case: Baytree, Condominium, Section Eight, Inc. v. Clear Blue...

EPSDT “Correct or Ameliorate” Requires Individualized, Medically Necessary Nursing Care—Reasonable State Policies Do Not Excuse Under-Allocation

Date: May 19, 2026

EPSDT “Correct or Ameliorate” Requires Individualized, Medically Necessary Nursing Care—Reasonable State Policies Do Not Excuse Under-Allocation Introduction L.W. v. Commissioner of the Georgia...

Pre-Completion Challenges to Coal-Ash Closure Plans Are Justiciable: Longstanding Pollution and Delayed Relief Do Not Defeat Standing or Ripeness

Date: May 19, 2026

Pre-Completion Challenges to Coal-Ash Closure Plans Are Justiciable: Longstanding Pollution and Delayed Relief Do Not Defeat Standing or Ripeness 1. Introduction In Mobile Baykeeper, Inc. v. Alabama...

Compassionate Release May Be Denied Solely on § 3553(a) and Dangerousness, Using Unobjected-to PSI Facts, Without Reaching “Extraordinary and Compelling” Reasons

Date: May 19, 2026

Compassionate Release May Be Denied Solely on § 3553(a) and Dangerousness, Using Unobjected-to PSI Facts, Without Reaching “Extraordinary and Compelling” Reasons Case: United States v. Jorge...

Law-of-the-Case and Rule 59 Reconsideration Limits in Repetitive Foreclosure Litigation (with a First-Warning Rule 38 Sanctions Framework)

Date: May 19, 2026

Law-of-the-Case and Rule 59 Reconsideration Limits in Repetitive Foreclosure Litigation (with a First-Warning Rule 38 Sanctions Framework) Introduction Marian Tipp v. JPMC Specialty Mortgage, LLC...

Equal Pay Act/CFEPA: “Substantially Similar Job Content” and Higher-Paid Comparator Required—Hierarchy and Shared Salary Do Not Establish a Prima Facie Case

Date: May 15, 2026

Equal Pay Act/CFEPA: “Substantially Similar Job Content” and Higher-Paid Comparator Required—Hierarchy and Shared Salary Do Not Establish a Prima Facie Case Case: Sha'ola Terrell v. Alabama State...

Plain-Error Review Governs Unpreserved § 3553(c) Explanation Claims After Steiger; No Requirement to Address Recidivism Explicitly

Date: May 15, 2026

Plain-Error Review Governs Unpreserved § 3553(c) Explanation Claims After Steiger; No Requirement to Address Recidivism Explicitly Introduction In United States v. Adon O. Hemley (11th Cir. May 11,...

Adverse Credibility Forecloses “Changed Country Conditions” Reopening Unless Rehabilitated; Denial of TPS-Based Sua Sponte Termination Is Largely Unreviewable

Date: May 15, 2026

Adverse Credibility Forecloses “Changed Country Conditions” Reopening Unless Rehabilitated; Denial of TPS-Based Sua Sponte Termination Is Largely Unreviewable Introduction In Wuillmer Arturo Ninrod...

Niz-Chavez Does Not Equitably Toll Time/Number Bars for Successive Motions to Reopen When Cancellation Eligibility Arose Only After an In Absentia Order

Date: May 15, 2026

Niz-Chavez Does Not Equitably Toll Time/Number Bars for Successive Motions to Reopen When Cancellation Eligibility Arose Only After an In Absentia Order Introduction In Patricio Nieves Tenecela v....

Rule 12(b)(6) Use of Body-Worn Camera Footage and De Minimis Handcuffing Force in an Elementary-School Incident (G.D.M. v. City of Oviedo, Florida)

Date: May 15, 2026

Rule 12(b)(6) Use of Body-Worn Camera Footage and De Minimis Handcuffing Force in an Elementary-School Incident Case: G.D.M. v. City of Oviedo, Florida (11th Cir. May 11, 2026) (Not for Publication)...

Uncashed Wage Tenders Do Not Moot FLSA Claims; Foreseeable FMLA Leave Requires Notice of Duration

Date: May 15, 2026

Uncashed Wage Tenders Do Not Moot FLSA Claims; Foreseeable FMLA Leave Requires Notice of Duration I. Introduction Nyesha Swope v. Episcopal Foundation of Jefferson County (11th Cir. May 8, 2026)...

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits

Date: May 12, 2026

Quinn v. Georgia Secretary of State: “Undermined Confidence” in Elections Is a Generalized Grievance and Cannot Establish Article III Standing in NVRA Voter-Roll Maintenance Suits 1. Introduction In...

Operative Amended Complaint Controls: Conclusory Civil-Rights Pleading and Prior-Exhibit Reliance Fail in Municipal Code-Enforcement Suits

Date: May 10, 2026

Operative Amended Complaint Controls: Conclusory Civil-Rights Pleading and Prior-Exhibit Reliance Fail in Municipal Code-Enforcement Suits Case: Brian Terry v. Jamila McGee Court: Court of Appeals...

Arm’s-Length Auto Sales: No Alabama Fraudulent-Suppression Duty to Disclose Absent Inquiry; ADTPA Fraud Claims Must Meet Rule 9(b); Post-Judgment “New Evidence” Must Be Truly New

Date: May 9, 2026

Arm’s-Length Auto Sales: No Alabama Fraudulent-Suppression Duty to Disclose Absent Inquiry; ADTPA Fraud Claims Must Meet Rule 9(b); Post-Judgment “New Evidence” Must Be Truly New Court: U.S. Court of...

Eleventh Circuit: § 1225(b)(2)(A) No‑Bond Detention Applies Only to Aliens “Seeking Admission,” Not Unadmitted Aliens Found in the Interior

Date: May 8, 2026

Eleventh Circuit: § 1225(b)(2)(A) No‑Bond Detention Applies Only to Aliens “Seeking Admission,” Not Unadmitted Aliens Found in the Interior 1. Introduction Fidencio Hernandez Alvarez and Ismael Cerro...

Trade-Secret Unjust Enrichment Can Be Inferred from Trial Testimony; Delay and “No Loss” Jury Finding Defeat Permanent Injunction

Date: May 7, 2026

Trade-Secret Unjust Enrichment Can Be Inferred from Trial Testimony; Delay and “No Loss” Jury Finding Defeat Permanent Injunction 1. Introduction The Hurry Family Revocable Trust, Scottsdale Capital...

ACCA Predicate Identification from Conflicted State Records and Eleventh Circuit Foreclosure of Bruen-Based § 922(g)(1) Challenges

Date: May 7, 2026

ACCA Predicate Identification from Conflicted State Records and Eleventh Circuit Foreclosure of Bruen-Based § 922(g)(1) Challenges I. Introduction Case: United States v. Alvin Lee McCary (11th Cir....

Retention of Limited Rights Does Not Defeat Exclusive-License Standing Under § 501(b) Where § 106 Rights Are Divisible

Date: May 7, 2026

Retention of Limited Rights Does Not Defeat Exclusive-License Standing Under § 501(b) Where § 106 Rights Are Divisible I. Introduction Case: Great Bowery Inc. v. Consequence Sound LLC (11th Cir. May...