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  • Commentaries
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11th Circuit Case Commentaries

Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required

Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required

Date: Jun 10, 2025
Clarifying Rule 60(b)(6) Relief: Extraordinary Circumstances and Nonfrivolous Claims Required Introduction The Eleventh Circuit’s decision in Michael R. Atraqchi v. United States of America et al....
Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases

Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases

Date: Jun 10, 2025
Clarifying Scope of Remand Resentencing and Notice Requirements Under Apprendi for Enhanced Sentences in RICO and Drug Conspiracy Cases Introduction United States v. Deonte Martin is a consolidated...
Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions

Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions

Date: Jun 10, 2025
Reasonable Mistake of Law as a Basis for Terry Stops in Felon-in-Possession Prosecutions Introduction United States v. Justin Jamaal Nettles, decided by the Eleventh Circuit on June 3, 2025,...
Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta

Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta

Date: Jun 10, 2025
Rule 11 Plain Error Review and Specialty Rule at Sentencing: United States v. Lucia Gatta Introduction United States v. Lucia Gatta (11th Cir. 2025) addresses three interlocking issues in federal...
Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes

Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes

Date: Jun 10, 2025
Mandate Scope and Statutory Maximums: Disentanglement on Remand and Enhanced Sentencing Under RICO and Drug Statutes Introduction United States v. Napoleon Harris (11th Cir. 2025) is a consolidated...
United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law

United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law

Date: Jun 10, 2025
United States v. Harris: Establishing Standards for Remand Resentencing and Sentencing Enhancements under RICO and Federal Drug Law 1. Introduction In United States v. Nathaniel Harris, the Eleventh...
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Date: Jun 3, 2025
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks Introduction This commentary examines the Eleventh Circuit’s June 2, 2025 per curiam...
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Date: Jun 3, 2025
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand 1. Introduction In United States v. André Michael Dubois (11th Cir. June 2, 2025), the Eleventh...
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Date: Jun 3, 2025
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages Introduction This commentary examines the Eleventh Circuit’s decision in Sweet Additions Ingredient Processors,...
The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez

The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez

Date: Jun 3, 2025
The Possession Requirement for Brady Material and Authentication Standards for Digital Evidence Confirmed in United States v. Gonzalez 1. Introduction In United States v. Mauricio Gonzalez (11th Cir....
Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Forfeiture of Claims-Processing Challenges to Defective NTAs: Espinoza v. U.S. Attorney General

Date: Jun 3, 2025
Forfeiture of Claims-Processing Challenges to Defective Notices to Appear in Immigration Proceedings Introduction This commentary examines the Eleventh Circuit’s decision in Santa I. Espinoza v. U.S....
Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement: United States v. Gilyot

Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement: United States v. Gilyot

Date: Jun 3, 2025
Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement Introduction The Eleventh Circuit’s decision in United States v. Errol Michael Gilyot, No. 24-11276 (11th Cir....
Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis

Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis

Date: May 31, 2025
Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis Introduction In Yolanda Hernandez v. CareerSource Palm Beach...
Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency

Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency

Date: May 31, 2025
Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency Introduction This commentary examines the Eleventh Circuit’s...
Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action

Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action

Date: May 31, 2025
Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action 1. Introduction In Bobby Shed v. University of South Florida Board of Trustees, the U.S. Court...
Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness

Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness

Date: May 31, 2025
Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness Introduction United States v. Jalal Hajavi, decided May 30, 2025 by the Eleventh Circuit...
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Date: May 30, 2025
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply Introduction Nakia Courtney Hamilton, a Jamaican national and lawful permanent resident of...
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Date: May 30, 2025
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car Introduction Jalen Bass v. Roland Jones, Jr. (No. 25-10261), decided May 29, 2025, by the United States Court of...
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6)

Date: May 29, 2025
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6) Introduction Bradley James Albert, a pro se plaintiff, brought suit in the Northern District of...
Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley

Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley

Date: May 29, 2025
Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley Introduction In Terrell Daniels, Jr. v. Kadarius Blakley (11th Cir. May 28,...
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