11th Circuit Case Commentaries

Eleventh Circuit Reaffirms: (1) the 10% Absolute-Disparity Benchmark Governs Fair-Cross-Section/JSSA Challenges, (2) Limited Strike Statistics May Not Create a Batson Inference, and (3) Rozier/Dubois II Foreclose Second Amendment Attacks on § 922(g)(1)

Date: May 6, 2026

Eleventh Circuit Reaffirms: (1) the 10% Absolute-Disparity Benchmark Governs Fair-Cross-Section/JSSA Challenges, (2) Limited Strike Statistics May Not Create a Batson Inference, and (3) Rozier/Dubois...

Wire Fraud Has No Economic-Loss Requirement After Kousisis: Discount-Diversion Misrepresentations Are Actionable

Date: May 6, 2026

Wire Fraud Has No Economic-Loss Requirement After Kousisis: Discount-Diversion Misrepresentations Are Actionable Introduction In United States v. Byramji Moneck Javat (11th Cir. May 5, 2026)...

EMTALA Obligations End Upon Good-Faith Inpatient Admission; Florida “Anti-Dumping” Statute Targets Staff, Not Hospitals

Date: May 6, 2026

EMTALA Obligations End Upon Good-Faith Inpatient Admission; Florida “Anti-Dumping” Statute Targets Staff, Not Hospitals I. Introduction In Lisa Matthews v. Ascension St. Vincents Clay County Hospital...

Post-Kousisis Wire Fraud: Misrepresentations to Obtain Discounted “Export-Only” Pricing Constitute a Scheme to Obtain Property Without an Economic-Loss Requirement

Date: May 6, 2026

Post-Kousisis Wire Fraud: Misrepresentations to Obtain Discounted “Export-Only” Pricing Constitute a Scheme to Obtain Property Without an Economic-Loss Requirement Introduction United States v....

Wire Fraud After Kousisis: Economic Loss Not Required, and Lost Profits May Measure Loss/Restitution in Export-Discount Diversion Schemes

Date: May 6, 2026

Wire Fraud After Kousisis: Economic Loss Not Required, and Lost Profits May Measure Loss/Restitution in Export-Discount Diversion Schemes 1. Introduction In United States v. Calh Holding Corp. (11th...

Technical-Reviewer DNA Testimony Is Not “Plainly” Barred by the Confrontation Clause; ACCA Different-Occasions Errors Require Prejudice

Date: May 5, 2026

Technical-Reviewer DNA Testimony Is Not “Plainly” Barred by the Confrontation Clause; ACCA Different-Occasions Errors Require Prejudice Introduction In United States v. Samuel Lee Jones (11th Cir....

Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a)

Date: May 5, 2026

Eligibility Is Not Entitlement: Discretion to Deny Amendment 821 (Zero-Point Offender) Reductions Under § 3582(c)(2) Based on § 3553(a) 1. Introduction In United States v. Mario Enrique Mendoza...

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness

Date: May 5, 2026

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness 1. Introduction In United States v. Mario Enrique Mendoza Delgado...

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials)

Date: May 5, 2026

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials) Introduction In United States v. Larry Douglas McPherson (11th Cir. May...

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law

Date: May 5, 2026

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law I. Introduction In Roger Tejon v. Zeus...

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date

Date: May 5, 2026

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date Introduction In Dawn Plagianes v. Fulton County School District (11th Cir. May...

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations”

Date: May 5, 2026

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations” 1. Introduction In United States v. Denzil Olajuwon...

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required)

Date: May 5, 2026

United States v. Blair: Cellebrite Phone Extractions May Be Authenticated and Admitted Through Lay Agent Testimony (No Expert Required) Court: U.S. Court of Appeals for the Eleventh Circuit Date:...

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.)

Date: May 5, 2026

Abandonment on Appeal Affirms Domestic-Relations Abstention, But Abstention Dismissals Must Be Without Prejudice (11th Cir.) Case: Oleksandra Plyatsko v. Alice Benton, et al. (No. 25-11784,...

Consecutive Federal Sentences May Be Reasonable When Needed to Preserve Independent Punishment for Unrelated State and Federal Crimes

Date: May 5, 2026

Consecutive Federal Sentences May Be Reasonable When Needed to Preserve Independent Punishment for Unrelated State and Federal Crimes Introduction In United States v. Isaias Pablo-Fabin, the Eleventh...

No Merits Ruling Without Jurisdiction: Insubstantial Federal Claims Must Be Dismissed Without Prejudice

Date: May 5, 2026

No Merits Ruling Without Jurisdiction: Insubstantial Federal Claims Must Be Dismissed Without Prejudice Introduction In James Giehl v. Ocwen Financial Corporation, the Eleventh Circuit reviewed a...

Mechanistic Discipline Under Detailed Policies Does Not Establish NLRA Supervisory Status

Date: May 4, 2026

Mechanistic Discipline Under Detailed Employer Policies Does Not Establish NLRA Supervisory Status Introduction In Universal Protection Services, LLC v. National Labor Relations Board, the Eleventh...

Cumulative Impeachment of a Cooperating Witness Does Not Justify a Rule 33 New Trial

Date: May 4, 2026

Cumulative Impeachment of a Cooperating Witness Does Not Justify a Rule 33 New Trial Introduction In United States v. Denzil Olajuwon Stewart, the Eleventh Circuit affirmed the denial of Denzil...

Rule 11 Does Not Require a Court to Predict Rejection of a Nonbinding Sentencing Recommendation

Date: May 4, 2026

Rule 11 Does Not Require a Court to Predict Rejection of a Nonbinding Sentencing Recommendation Introduction In United States v. Jeffery Lewis, the Eleventh Circuit affirmed the conviction and...

Owner’s Payment-Option Election Is a Condition Precedent to Annuitization Under an Integrated Annuity Contract

Date: May 3, 2026

Owner’s Payment-Option Election Is a Condition Precedent to Annuitization Under an Integrated Annuity Contract Introduction In Quin E. Briscoe v. Transamerica Premier Life Insurance Company, the...