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  • Commentaries
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11th Circuit Case Commentaries

“Occasional Superficial Interaction” Re-affirmed: Eleventh Circuit Clarifies Flexibility in RFC Hypotheticals and Step-Two Severity – Commentary on Jason B. Risch v. Commissioner of the U.S. Social Security Administration (11th Cir. 2025)

“Occasional Superficial Interaction” Re-affirmed: Eleventh Circuit Clarifies Flexibility in RFC Hypotheticals and Step-Two Severity – Commentary on Jason B. Risch v. Commissioner of the U.S. Social Security Administration (11th Cir. 2025)

Date: May 15, 2025
“Occasional Superficial Interaction” Re-affirmed: Eleventh Circuit Clarifies Flexibility in RFC Hypotheticals and Step-Two Severity Commentary on Jason B. Risch v. Commissioner of the U.S. Social...
Expanding Defensive Collateral Estoppel: Brown v. Zabala and the Non-Mutual Preclusion of § 1983 Claims in the Eleventh Circuit

Expanding Defensive Collateral Estoppel: Brown v. Zabala and the Non-Mutual Preclusion of § 1983 Claims in the Eleventh Circuit

Date: May 15, 2025
Expanding Defensive Collateral Estoppel: Brown v. Zabala and the Non-Mutual Preclusion of § 1983 Claims in the Eleventh Circuit 1. Introduction In Marlon Brown v. Romeyn Zabala, the Eleventh Circuit...
Eleventh Circuit Clarifies Act-By-Act Westfall Analysis and Reaffirms Broad Judicial Immunity

Eleventh Circuit Clarifies Act-By-Act Westfall Analysis and Reaffirms Broad Judicial Immunity

Date: May 15, 2025
Eleventh Circuit Clarifies Act-By-Act Westfall Analysis and Reaffirms Broad Judicial Immunity 1. Introduction In Jonathan Mullane v. Federico A. Moreno, the Eleventh Circuit confronted a kaleidoscope...
“No Diligence, No Amendment” — The Eleventh Circuit’s Firm Re-affirmation of Rule 72(a) Waiver and Rule 16(b) Good-Cause Requirements in John Oirya v. Mando America Corp.

“No Diligence, No Amendment” — The Eleventh Circuit’s Firm Re-affirmation of Rule 72(a) Waiver and Rule 16(b) Good-Cause Requirements in John Oirya v. Mando America Corp.

Date: May 15, 2025
“No Diligence, No Amendment” — The Eleventh Circuit’s Firm Re-affirmation of Rule 72(a) Waiver and Rule 16(b) Good-Cause Requirements in John Oirya v. Mando America Corporation 1. Introduction The...
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud

United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud

Date: May 15, 2025
United States v. Woods: The Eleventh Circuit Re-Affirms the “Keene Statement” Harmless-Error Rule and Clarifies Single-Conspiracy Analysis in Pandemic-Relief Fraud Introduction United States v....
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties

Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties

Date: May 14, 2025
Turner v. Rocket Mortgage: The Eleventh Circuit Narrows “Shotgun Pleading” Dismissals and Affirms Escrow-Agent Fiduciary Duties Introduction Mark A. Turner, a Florida homeowner on a fixed income,...
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. and the Comparator Threshold Under the Equal Pay Act & Title VII

“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. and the Comparator Threshold Under the Equal Pay Act & Title VII

Date: May 14, 2025
“Substantially Equal” Means Substantially Equal: Harris v. International Paper Co. Clarifying Comparator and Pretext Requirements in Equal Pay Act & Title VII Litigation Introduction In Joni Harris...
United States v. Christner: Plain–Error Review Governs Unobjected § 3553(c) Errors and a Single Statement Suffices for Both Custodial and Supervised-Release Terms

United States v. Christner: Plain–Error Review Governs Unobjected § 3553(c) Errors and a Single Statement Suffices for Both Custodial and Supervised-Release Terms

Date: May 14, 2025
United States v. Christner: Plain–Error Review Governs Unobjected § 3553(c) Errors and a Single Statement Suffices for Both Custodial and Supervised-Release Terms 1. Introduction In United States v....
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold – Commentary on Roman Goltiescu v. U.S. Attorney General (11th Cir. 2025)

Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold – Commentary on Roman Goltiescu v. U.S. Attorney General (11th Cir. 2025)

Date: May 14, 2025
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold Commentary on Roman Goltiescu v. U.S. Attorney General, 24-12552 (11th Cir. May 13 2025) 1....
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit – Commentary on Carlos Cordova-Garcia v. U.S. Attorney General (2025)

“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit – Commentary on Carlos Cordova-Garcia v. U.S. Attorney General (2025)

Date: May 14, 2025
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit Commentary on Carlos Cordova-Garcia v. U.S. Attorney General, 20-11123 (11th...
“Using” an Identity without Impersonation: United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit

“Using” an Identity without Impersonation: United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit

Date: May 14, 2025
“Using” an Identity without Impersonation United States v. Kristen Williams and the Expansive Reading of 18 U.S.C. § 1028A in the Eleventh Circuit 1. Introduction United States v. Kristen Williams,...
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Date: May 14, 2025
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i) Introduction United States v. Arturs Spila, No. 23-13913 (11th Cir. May 13, 2025),...
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Date: May 14, 2025
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute 1. Introduction In HM Florida-ORL, LLC v. Secretary of the Florida Department of...
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

Date: May 13, 2025
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims Introduction Todd Simmerman v. United States, decided by the Court of...
“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

Date: May 13, 2025
“Clear-Reference” Requirement for Standard Conditions of Supervised Release Commentary on United States v. Jerome Kiggundu, 22-12011 (11th Cir. May 12 2025) Introduction The Eleventh Circuit’s...
Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Date: May 13, 2025
Re-affirming the Primacy of the Buckles Factors: The Heavy Burden for Withdrawing a Guilty Plea in United States v. Andre Lorquet Introduction Case Overview. In United States v. Andre Lorquet, the...
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Date: May 13, 2025
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants Introduction Rubin Young v. Clerk of Court for Miami-Dade County (11th...
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Date: May 13, 2025
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025) 1. Introduction In Parra-Villalobos v. U.S. Attorney General, the...
United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions

United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions

Date: May 13, 2025
United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions I. Introduction In United States v. Andre Lorquet, No. 24-10902 (11th Cir....
Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities: Commentary on Steven R. DeWitt v. Ceressa Haney (2025)

Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities: Commentary on Steven R. DeWitt v. Ceressa Haney (2025)

Date: May 13, 2025
Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities Comprehensive Commentary on Steven R. DeWitt v. Ceressa Haney, 23-11203 (11th Cir. 2025) Introduction This commentary...
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