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  • Commentaries
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11th Circuit Case Commentaries

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282

Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282

Date: May 13, 2025
Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282 Introduction In United States v. Santiago Alirio Gomez Rivera, No. 23-10690 (11th Cir. May 12, 2025), the Eleventh Circuit...
Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand

Date: May 10, 2025
Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand 1. Introduction The Eleventh Circuit’s non-precedential opinion...
Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII

Date: May 10, 2025
Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII 1. Introduction...
“Silence Is Denial”- The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals

“Silence Is Denial”- The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals

Date: May 10, 2025
“Silence Is Denial” – The Eleventh Circuit’s Clarification on § 1443 Removals and Cost-Shifting for Frivolous Second-Time Removals 1. Introduction The decision in U.S. Bank, National Association as...
“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the
            Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded
            Punitive Damages Are Invoked

“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked

Date: May 10, 2025
“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked Introduction The...
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

Date: May 10, 2025
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821 Introduction In United States v. Henri Manrique Estacio, No....
Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc.

Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc.

Date: May 9, 2025
Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc. Introduction Otto Candies, LLC v. Citigroup, Inc. is a landmark Eleventh Circuit decision...
Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones

Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones

Date: May 9, 2025
Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones Introduction Jeremy Jones v. David Ceinski, Jr. is a pivotal Eleventh Circuit decision clarifying when...
United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers

United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers

Date: May 9, 2025
United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers Introduction In United States v. Mark Anthony Rogue Bustamante,...

        “Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status (Tessa G. v. HHS, 2025)

“Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status (Tessa G. v. HHS, 2025)

Date: May 9, 2025
“Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status 1. Introduction In Tessa G. v. Secretary of Health and Human Services,...
The Fact-Bound Limit on Interlocutory Immunity Appeals: Commentary on McKee v. Montiel (11th Cir. 2025)

The Fact-Bound Limit on Interlocutory Immunity Appeals: Commentary on McKee v. Montiel (11th Cir. 2025)

Date: May 9, 2025
The Fact-Bound Limit on Interlocutory Immunity Appeals: A Comprehensive Commentary on McKee v. Montiel, 24-11828 (11th Cir. 2025) 1. Introduction In Michelin D. McKee v. James Montiel, the United...
Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025)

Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025)

Date: May 9, 2025
Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025) Introduction Case Name: Jean Dominique Morancy v. Sabrina Alex Salomon...
“Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown”

“Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown”

Date: May 9, 2025
Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown 1. Introduction The Eleventh Circuit’s...
Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties

Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties

Date: May 8, 2025
Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties Introduction Ricardo Alberto Martinelli Berrocal, a former President of the Republic of Panama, challenged his...
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Date: May 8, 2025
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County Introduction In William E. Corey v. Rockdale County,...
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

Date: May 7, 2025
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht A Comprehensive Commentary on Whitton v. Secretary, Florida Department of Corrections (11th Cir....
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Date: May 7, 2025
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts Introduction In Maglana v. Celebrity Cruises Inc., the Eleventh Circuit addressed whether...
Gould v. Guerriero: Qualified Immunity and Probable Cause in Officer’s Use of a Firearm to Enforce Compliance

Gould v. Guerriero: Qualified Immunity and Probable Cause in Officer’s Use of a Firearm to Enforce Compliance

Date: May 6, 2025
Gould v. Guerriero: Qualified Immunity and Probable Cause in Officer’s Use of a Firearm to Enforce Compliance Introduction In Ryan Gould v. Bethany Guerriero (Eleventh Circuit, May 5, 2025), the...
Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane

Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane

Date: May 6, 2025
Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane Introduction Marilys Gimenez v. McLane Foodservice, Inc. is a decision from the...
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank

Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank

Date: May 6, 2025
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank Introduction In Pablo Antonio Garcia v. Synovus Bank, the United States Court of Appeals for the Eleventh Circuit...
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