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  • Commentaries
  • Judgments

11th Circuit Case Commentaries

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Date: May 22, 2025
Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Ivan Emilio...
Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris

Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris

Date: May 22, 2025
Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris Introduction In Thomas M. Utterback v. Craig B. Morris (11th Cir. 2025), the Eleventh Circuit...
Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Date: May 22, 2025
Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status Introduction This case commentary examines the Eleventh Circuit’s decision in United States v. John Doe (No....
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

Date: May 22, 2025
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4 Introduction In the consolidated cases of Merritt Island Woodwerx, LLC and True Touch Services, LLC v....
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Date: May 21, 2025
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders Introduction This commentary examines the Eleventh Circuit’s decision in Sonny Austin Ramdeo v. United States, Nos. 23-11699...
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Date: May 21, 2025
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims Introduction The Eleventh Circuit’s decision in Tiana Hill v. Clayton County,...
Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies

Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies

Date: May 21, 2025
Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies Introduction In Melanie Nicole Moore v. Pooches of Largo, Inc., the Eleventh...
Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law

Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law

Date: May 21, 2025
Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law Introduction Alexander Bostic v. Matari Bodie arose from a multi‐layered investment scheme that began as a Ponzi enterprise...
Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement

Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement

Date: May 21, 2025
Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement Introduction In Mario Del Valle v. Trivago GMBH, 11th Cir. No. 23-12966 (May 20,...
Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon

Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon

Date: May 20, 2025
Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon Introduction The Eleventh Circuit’s decision in United States v. Eric Brenes-Colon, __F.4th__, No. 24-10355 (11th...
Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr.

Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr.

Date: May 20, 2025
Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr. Introduction United States v. Niselio Barros Garcia, Jr. is a...
US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices

US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices

Date: May 20, 2025
US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices Introduction United States v. David Alan Quarles (11th Cir. May 19, 2025) presented the Eleventh...
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Date: May 17, 2025
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking Introduction In Alieda Maron v. Chief Financial Officer of Florida (No. 23-13178, 11th Cir....
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Date: May 17, 2025
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner 1. Introduction Estate of Richard D. Spizzirri v. Commissioner of Internal Revenue, decided on...
Taxpayer’s Refusal to Provide Financial Information Constitutes Sufficient Grounds to Sustain Levy Under IRC §6330(c)(3)(C)

Taxpayer’s Refusal to Provide Financial Information Constitutes Sufficient Grounds to Sustain Levy Under IRC §6330(c)(3)(C)

Date: May 16, 2025
Taxpayer’s Refusal to Provide Financial Information Constitutes Sufficient Grounds to Sustain Levy Under IRC §6330(c)(3)(C) Introduction In Martin G. Plotkin v. Commissioner of Internal Revenue (11th...
Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren

Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren

Date: May 16, 2025
Unlawful Use of Deadly Force on an Unarmed Fleeing Suspect: Limits on Qualified Immunity in Wright v. Warren Introduction Donald Clark Wright III v. Brandon Warren presents a Fourth Amendment...
Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges

Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges

Date: May 16, 2025
Hobbs Act Robbery as a § 924(c) Crime of Violence and COA Requirement for § 2255 Resentencing Challenges Introduction United States v. Curtis Solomon, No. 22-11488 (11th Cir. May 15, 2025), addresses...
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing

Date: May 16, 2025
United States v. Gary: Elevating General Deterrence in Fentanyl-Death Cases – The Eleventh Circuit’s Refined Approach to § 3553(a) Balancing Introduction United States v. Chase Michael Gary, No....
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims

Date: May 16, 2025
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims 1. Introduction In Warrior Met Coal Mining, LLC v. Director,...
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals: Commentary on Vonn Capel v. Pasco County

Date: May 16, 2025
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals Commentary on Vonn Capel v. Pasco County (11th Cir. 2025) 1. Introduction In Vonn Capel v. Pasco...
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