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  • Commentaries
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11th Circuit Case Commentaries

Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Date: May 29, 2025
Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions Introduction John Andrew Kister, a state...
Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C)

Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C)

Date: May 29, 2025
Eleventh Circuit Clarifies 30-Day Acceleration Notice Requirement Under Mortgage Note Paragraph 6(C) Introduction In Nathan Sluss v. Bank of America, N.A., No. 23-13949 (11th Cir. May 28, 2025), the...
The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims

The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims

Date: May 28, 2025
The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims Introduction In Richard Warner v. City of Marathon (11th Cir. May 27, 2025), plaintiffs—the Estate of...
Clarification of Pretext Analysis in Employment Discrimination: Lockett v. City of Atlanta

Clarification of Pretext Analysis in Employment Discrimination: Lockett v. City of Atlanta

Date: May 24, 2025
Clarification of Pretext Analysis in Employment Discrimination: Lockett v. City of Atlanta Introduction Georginna Lockett v. City of Atlanta, Georgia (11th Cir. May 23, 2025) is an appeal from a...
Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025)

Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025)

Date: May 24, 2025
Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025) Introduction Juan José Rendón Delgado, a...
Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule

Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule

Date: May 24, 2025
Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule Introduction Goshen Mortgage, as Separate Trustee for GDBT 1 Trust 2011-1, and Red Stick...
Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation

Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation

Date: May 24, 2025
Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation Introduction The Eleventh Circuit’s May 23, 2025 decision in John P. Middleton v. The...
Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims

Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims

Date: May 24, 2025
Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims Introduction This commentary examines the Eleventh Circuitʼs per curiam opinion in...
Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide

Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide

Date: May 24, 2025
Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide Introduction In Tieqiao (Tim) Zhang v. Emory University, No....
FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence

FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence

Date: May 24, 2025
FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence Introduction In Sydney Marie Keefe v. Britt’s Bow Wow Boutique, Inc., the United States Court of Appeals for...
Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions

Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions

Date: May 23, 2025
Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Jimmy Dale...
Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC

Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC

Date: May 23, 2025
Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC Introduction This commentary examines the Eleventh Circuit’s decision in Royce W. Cook v. Secretary, Florida Department of...
Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General

Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General

Date: May 23, 2025
Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General Introduction Jose M. Ruvira Guerra, a Cuban national and lawful permanent resident of the United...
When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals

When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals

Date: May 23, 2025
When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals Introduction In Ronald Earl Scherer v. JP Morgan Chase & Co., No. 24-11874 (11th Cir. May 22,...
Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Date: May 23, 2025
Rational Basis Validation of Violent Career Criminal Enhancements Introduction Cody Edward Davis v. Secretary, Florida Department of Corrections (11th Cir., May 22, 2025) presents a challenge to...
Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Date: May 23, 2025
Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles Introduction United States v. Kevin Jean-Gilles is a 2025 Eleventh Circuit decision upholding a 235-month...
Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications

Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications

Date: May 23, 2025
Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications Introduction The decision in United States v. Derrick Ford, No. 24-11412...
Erlinger‐Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement

Erlinger‐Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement

Date: May 22, 2025
Erlinger-Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement Introduction United States v. Sergio Antonio Hood (11th Cir. 2025) arises from Hood’s appeal...
Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta

Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta

Date: May 22, 2025
Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta Introduction This commentary examines the Eleventh Circuit’s per curiam decision in Jamal Shaeed...
Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment

Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment

Date: May 22, 2025
Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment Introduction This commentary examines the Eleventh Circuit’s decision in...
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