11th Circuit Case Commentaries

Rule 15 Relation-Back Saves Timely-Filed Title VII Suits and McDonnell Douglas Is Not a Pleading Requirement

Date: Apr 9, 2026

Rule 15 Relation-Back Saves Timely-Filed Title VII Suits and McDonnell Douglas Is Not a Pleading Requirement Case: Michael v. Smith v. Pepsi Cola Bottling Company (11th Cir. Apr. 7, 2026) (per...

United States v. Beasley: Inevitable Discovery and Harmless Error Sustain Felon-in-Possession Conviction; § 922(g)(1) Challenges Remain Foreclosed in the Eleventh Circuit

Date: Apr 9, 2026

United States v. Beasley: Inevitable Discovery and Harmless Error Sustain Felon-in-Possession Conviction; § 922(g)(1) Challenges Remain Foreclosed in the Eleventh Circuit Court: United States Court...

Eleventh Circuit Enforces Plea Appeal Waiver to Bar Ineffective-Assistance Claims on Direct Appeal When Preserved Only for Collateral Review

Date: Apr 8, 2026

Eleventh Circuit Enforces Plea Appeal Waiver to Bar Ineffective-Assistance Claims on Direct Appeal When Preserved Only for Collateral Review Introduction In United States v. Ike Jackson, Jr. (11th...

Strickland Prejudice After Thornell: Federal Habeas Courts Must Evaluate Mitigation Through the State Sentencer’s Weighing Practices

Date: Apr 5, 2026

Strickland Prejudice After Thornell: Federal Habeas Courts Must Evaluate Mitigation Through the State Sentencer’s Weighing Practices I. Introduction Marcus Bernard Williams v. State of Alabama is an...

Limits on Restaurant Liability for Employee Assault: Foreseeability Requires Similar Prior Violence; Off-the-Clock “Stepped Away” Conduct Defeats Respondeat Superior

Date: Apr 5, 2026

Limits on Restaurant Liability for Employee Assault: Foreseeability Requires Similar Prior Violence; Off-the-Clock “Stepped Away” Conduct Defeats Respondeat Superior 1. Introduction Kenneth Byndom v....

Imputing Co-Schemers’ Mass-Marketing Conduct Without Explicit Scope Findings When the Record Supports Jointly Undertaken Fraud

Date: Apr 5, 2026

Imputing Co-Schemers’ Mass-Marketing Conduct Without Explicit Scope Findings When the Record Supports Jointly Undertaken Fraud Introduction In United States v. Tomas Alksnys (11th Cir. Apr. 3, 2026)...

Plain-Error Challenges to Sentencing Factors Require Clear Reliance; § 922(g)(1) Second Amendment Attacks Remain Foreclosed in the Eleventh Circuit

Date: Apr 5, 2026

Plain-Error Challenges to Sentencing Factors Require Clear Reliance; § 922(g)(1) Second Amendment Attacks Remain Foreclosed in the Eleventh Circuit I. Introduction United States v. Tyreic Brewer...

Eleventh Circuit Reinforces Appellate Abandonment/Waiver and Pleading Limits: Unbriefed or Unpled Employment Claims Do Not Survive Summary Judgment Review

Date: Apr 4, 2026

Eleventh Circuit Reinforces Appellate Abandonment/Waiver and Pleading Limits: Unbriefed or Unpled Employment Claims Do Not Survive Summary Judgment Review Case: Markisha Cunningham v. Mercedes-Benz...

Abandonment on Appeal and § 1915 Frivolity Dismissal of Pro Se “Shotgun” Complaints

Date: Apr 4, 2026

Abandonment on Appeal and § 1915 Frivolity Dismissal of Pro Se “Shotgun” Complaints I. Introduction In Willie J. Mitchell, Sr. v. The State Court of Georgia, No. 25-11769 (11th Cir. Apr. 2, 2026)...

PLRA “Availability” Requires Use of Offered Assistance and Compliance Despite Grievance Caps

Date: Apr 4, 2026

PLRA “Availability” Requires Use of Offered Assistance and Compliance Despite Grievance Caps 1. Introduction Case: Paul Bettencourt v. Delisha Bryant (11th Cir. Apr. 2, 2026) (per curiam) (not for...

De Minimis Property Marks and Non-Objection During Driveway Repossession Do Not Constitute a Florida “Breach of the Peace”

Date: Apr 4, 2026

De Minimis Property Marks and Non-Objection During Driveway Repossession Do Not Constitute a Florida “Breach of the Peace” Case: Corey L. McClain v. Rapid Recovery Agency, Inc. Court: United States...

County Commissioners’ Personal Social-Media Communications About County Business Are Florida “Public Records,” and Fee Liability Attaches Absent PHH-Style Reasonable-Uncertainty Clarification

Date: Apr 4, 2026

County Commissioners’ Personal Social-Media Communications About County Business Are Florida “Public Records,” and Fee Liability Attaches Absent PHH-Style Reasonable-Uncertainty Clarification I....

De Novo Federal Review When Florida Applies Carratelli’s “Actual Bias” Prejudice Standard to Appellate-IAC Claims

Date: Apr 4, 2026

De Novo Federal Review When Florida Applies Carratelli’s “Actual Bias” Prejudice Standard to Appellate-IAC Claims Introduction Case: Gary Michael Hilton v. Secretary, Florida Department of...

AEDPA “Double Deference” Bars Strickland Claims Grounded in Unpursued Richardson Hearings and Omitted Inculpatory/Cumulative Recordings

Date: Apr 4, 2026

AEDPA “Double Deference” Bars Strickland Claims Grounded in Unpursued Richardson Hearings and Omitted Inculpatory/Cumulative Recordings 1. Introduction Michael Henderson v. Secretary, Department of...

Unapproved Absenteeism as an Essential-Function Bar to ADA Coverage and a Complete Defense to FMLA Retaliation After FMLA Exhaustion

Date: Apr 4, 2026

Unapproved Absenteeism as an Essential-Function Bar to ADA Coverage and a Complete Defense to FMLA Retaliation After FMLA Exhaustion 1. Introduction In Nicholas Birmingham v. Hyundai Motor...

Florida State Attorney’s Offices Are Arms of the State When Prosecuting and Issuing Subpoenas, Barring § 1983 Suits Under the Eleventh Amendment

Date: Apr 4, 2026

Florida State Attorney’s Offices Are Arms of the State When Prosecuting and Issuing Subpoenas, Barring § 1983 Suits Under the Eleventh Amendment 1. Introduction In Sean T. Wright v. 15th District...

Waiver by “No Objection” Invites Error and Forecloses Frazier Hearsay Review in Supervised-Release Revocations

Date: Apr 4, 2026

Waiver by “No Objection” Invites Error and Forecloses Frazier Hearsay Review in Supervised-Release Revocations 1. Introduction In United States v. Joshua Williams (11th Cir. Apr. 1, 2026)...

Firearm–Drug Nexus and Uncharged Conduct at Sentencing: Affirming § 2K2.1(b)(6)(B) Based on Circumstantial “Flight-Path” Evidence

Date: Apr 4, 2026

Firearm–Drug Nexus and Uncharged Conduct at Sentencing: Affirming § 2K2.1(b)(6)(B) Based on Circumstantial “Flight-Path” Evidence Case: United States v. Antonio Bell (11th Cir. Mar. 31, 2026) (per...

ADA–Olmstead Integration Mandate: “Serious Risk” of Institutionalization Is Actionable and Supports Statewide DOJ Injunctions Without Individual Administrative Exhaustion

Date: Apr 4, 2026

ADA–Olmstead Integration Mandate: “Serious Risk” of Institutionalization Is Actionable and Supports Statewide DOJ Injunctions Without Individual Administrative Exhaustion I. Introduction United...

State-Law-at-Conviction Defines “Controlled Substance” for Guideline Predicates; Felon-in-Possession Ban Remains Constitutional Post-Bruen and Post-Rahimi (11th Cir.)

Date: Apr 4, 2026

State-Law-at-Conviction Defines “Controlled Substance” for Guideline Predicates; Felon-in-Possession Ban Remains Constitutional Post-Bruen and Post-Rahimi (11th Cir.) Introduction In United States v....