11th Circuit Case Commentaries

Individualized Fitness Hearings Required: Categorical Ban on Parent–Child Cohabitation Unconstitutional

Date: Apr 24, 2025

Individualized Fitness Hearings Required: Categorical Ban on Parent–Child Cohabitation Unconstitutional Introduction This case arises from Alabama’s Sex Offender Registration and Community...

Content-Neutral Age Restrictions and Prior Restraint Safeguards in Adult-Entertainment Ordinances

Date: Apr 24, 2025

Content-Neutral Age Restrictions and Prior Restraint Safeguards in Adult-Entertainment Ordinances Introduction This commentary examines the Eleventh Circuit’s decision in Wacko’s Too, Inc. v. City of...

Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs

Date: Apr 23, 2025

Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs Introduction Family Health Centers of Southwest Florida, Inc. v. Secretary, Florida Agency for Health Care...

Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs

Date: Apr 23, 2025

Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs Introduction This commentary examines the Eleventh Circuit’s decision in JTC...

Expansion of Relevant Conduct for Firearm Enhancements under USSG §2D1.1(b)(1) and Safety-Valve Ineligibility

Date: Apr 22, 2025

Expansion of Relevant Conduct for Firearm Enhancements under USSG §2D1.1(b)(1) and Safety-Valve Ineligibility Introduction United States v. Kevin Charles Utnick is a published opinion of the Eleventh...

Qualified Immunity and State Sovereign Immunity in Public Health Emergencies: Porter v. Thigpen

Date: Apr 22, 2025

Qualified Immunity and State Sovereign Immunity in Public Health Emergencies: Porter v. Thigpen Introduction Porter v. Thigpen (11th Cir. Apr. 21, 2025) concerns constitutional challenges to Governor...

Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing

Date: Apr 22, 2025

Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing Introduction United States v. Brandon Sanders (11th Cir. April 21, 2025) addresses the scope of a district...

Clarifying Redundancy and Accommodation under the ADA: Butler v. Econ-O-Check

Date: Apr 19, 2025

Clarifying Redundancy and Accommodation under the ADA: Butler v. Econ-O-Check Corporation Introduction In Butler v. Econ-O-Check Corporation, the Eleventh Circuit addressed whether an employer’s...

Active Application Requirement for Standing to Challenge Bar Admission Rules

Date: Apr 19, 2025

Active Application Requirement for Standing to Challenge Bar Admission Rules Introduction In Joan P. Davis v. The Office of Bar Admissions, the Eleventh Circuit Court of Appeals addressed whether a...

Clarifying the Burden of Proof and Internal Relocation in Asylum Claims Involving Private Actors

Date: Apr 19, 2025

Clarifying the Burden of Proof and Internal Relocation in Asylum Claims Involving Private Actors Introduction This commentary examines the Eleventh Circuit’s decision in Daniel Macedo de Sousa et al....

Defining “Clear Liability”: Insurer’s Duty to Initiate Settlement Negotiations in Negligent Security Claims

Date: Apr 19, 2025

Defining “Clear Liability”: Insurer’s Duty to Initiate Settlement Negotiations in Negligent Security Claims Introduction Case Name: Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc....

Doctrine of Immediacy in Use of Deadly Force: Verbal Warnings Not Required Under Imminent Threat Circumstances – Pipkins v. City of Hoover

Date: Apr 18, 2025

Doctrine of Immediacy in Use of Deadly Force: Verbal Warnings Not Required Under Imminent Threat Circumstances Introduction In April Pipkins v. City of Hoover, Alabama, the Eleventh Circuit addressed...

Legitimacy and Boundaries of Supervised Release Conditions Restricting Proximity to Minors

Date: Apr 18, 2025

Legitimacy and Boundaries of Supervised Release Conditions Restricting Proximity to Minors Introduction The Eleventh Circuit’s decision in United States v. Jeffrey Leonard Pybus, No. 24-10979 (11th...

Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories

Date: Apr 18, 2025

Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories Introduction Donald and Jillian Lyons sued Saeilo, Inc., d.b.a. Kahr Arms, in the Northern District...

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause

Date: Apr 18, 2025

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause 1. Introduction Byonca Logan v. City of Mobile arises from an incident on November 27,...

Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations

Date: Apr 17, 2025

Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations Introduction United States v. Phillip Martin, decided April 16, 2025 by the...

Clarifying Rule 9(b) in FCA Actions: Specificity Requirements for Pleading False Claims

Date: Apr 17, 2025

Clarifying Rule 9(b) in FCA Actions: Specificity Requirements for Pleading False Claims Introduction Jaime Vargas and Francis R. Alvarez (“relators”) brought a qui tam action under the False Claims...

Reinforcement of Fourth Amendment Standing and the Scope of the Automobile and Inevitable Discovery Exceptions

Date: Apr 17, 2025

Reinforcement of Fourth Amendment Standing and the Scope of the Automobile and Inevitable Discovery Exceptions Introduction United States v. Grayson Zachary Eagan is an appeal decided by the United...

Supportability and Consistency Reaffirmed: Eleventh Circuit’s Guidance on ALJ Evaluation of Medical Opinions in Social Security Disability Appeals

Date: Apr 17, 2025

Supportability and Consistency Reaffirmed: Eleventh Circuit’s Guidance on ALJ Evaluation of Medical Opinions in Social Security Disability Appeals Introduction Joseph Davis v. Commissioner of Social...

Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals

Date: Apr 16, 2025

Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals Introduction William Franklin Adams and 49 co-plaintiffs (the “Trail...

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