11th Circuit Case Commentaries

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle

Date: Apr 16, 2025

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle Introduction United States v. Robert Lee Pringle (11th Cir. Apr. 15, 2025) addresses two...

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications

Date: Apr 16, 2025

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications Introduction In Robert Earl Howard et al. v. Melinda N. Coonrod et al., the United States Court of...

Defining Protected Disclosures under 5 U.S.C. § 2302(b)(8): Excluding Policy Disagreements and Performance Disputes

Date: Apr 15, 2025

Defining Protected Disclosures under 5 U.S.C. § 2302(b)(8): Excluding Policy Disagreements and Performance Disputes Introduction Daniel Lockhart v. Department of Defense, No. 24-11177 (11th Cir. Apr....

Extended Liability under Helms-Burton Act for Trafficking in Confiscated Cuban Property: Shareholder Claims and Broad Interpretation of “Use” and “Benefit”

Date: Apr 15, 2025

Extended Liability under Helms-Burton Act for Trafficking in Confiscated Cuban Property: Shareholder Claims and Broad Interpretation of “Use” and “Benefit” Introduction Odette Blanco de Fernandez and...

Rational Basis Upheld for SSA Ruling 11-1p’s Protective Filing Date Under Fifth Amendment

Date: Apr 15, 2025

Rational Basis Upheld for SSA Ruling 11-1p’s Protective Filing Date Under Fifth Amendment Introduction In Rita Arguijo Garcia v. Commissioner of Social Security, the Eleventh Circuit addressed...

Plain-Error Correction of Dismissal Without Prejudice When Timely Service Is Established and Statute of Limitations Bars Refiling

Date: Apr 15, 2025

Plain-Error Correction of Dismissal Without Prejudice When Timely Service Is Established and Statute of Limitations Bars Refiling Introduction This case arises from an employment‐discrimination suit...

Clarifying the Amount‐in‐Controversy Standard: Punitive Damages vs. Attorney’s Fees and FDUTPA Penalties in Jordan v. Closet Factory

Date: Apr 15, 2025

Clarifying the Amount‐in‐Controversy Standard: Punitive Damages vs. Attorney’s Fees and FDUTPA Penalties in Jordan v. The Closet Factory Franchise Corporation 1. Introduction Joshua Jordan,...

Strickland’s Double-Deference: Religion-Based Batson Challenges and Standard Jury Instructions in Federal Habeas Review

Date: Apr 12, 2025

Strickland’s Double-Deference: Religion-Based Batson Challenges and Standard Jury Instructions in Federal Habeas Review Introduction This commentary examines the Eleventh Circuit’s April 11, 2025 per...

Aiding and Abetting Attempted Bank Robbery Resulting in Death as a Crime of Violence Under 18 U.S.C. § 924(c)(3)(A)

Date: Apr 11, 2025

Aiding and Abetting Attempted Bank Robbery Resulting in Death as a Crime of Violence Under 18 U.S.C. § 924(c)(3)(A) Introduction This commentary examines Marcellus Henderson v. United States, No....

Clarifying Material Misrepresentation Defense in Insurance Contracts: Magna Tyres USA v. Coface

Date: Apr 11, 2025

Clarifying Material Misrepresentation Defense in Insurance Contracts: Magna Tyres USA v. Coface Introduction In Magna Tyres USA, LLC v. Coface North America Insurance Company, the Eleventh Circuit...

Affirmation of Specific Personal Jurisdiction Through Fraudulent Misrepresentations Under the Effects Test

Date: Apr 11, 2025

Affirmation of Specific Personal Jurisdiction Through Fraudulent Misrepresentations Under the Effects Test Introduction Robert Scot Building Venture LLC (“RSBV”) and its affiliate RSBV Pathway LLC,...

Clarifying Title IX “Appropriate Person,” Notice, and Deliberate Indifference Standards in Staff-to-Student Harassment Claims

Date: Apr 11, 2025

Clarifying Title IX “Appropriate Person,” Notice, and Deliberate Indifference Standards in Staff-to-Student Harassment Claims Introduction In Rachael DeMarcus et al. v. University of South Alabama et...

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11th Circuit Case Commentaries

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications

Defining Protected Disclosures under 5 U.S.C. § 2302(b)(8): Excluding Policy Disagreements and Performance Disputes

Extended Liability under Helms-Burton Act for Trafficking in Confiscated Cuban Property: Shareholder Claims and Broad Interpretation of “Use” and “Benefit”

Rational Basis Upheld for SSA Ruling 11-1p’s Protective Filing Date Under Fifth Amendment

Plain-Error Correction of Dismissal Without Prejudice When Timely Service Is Established and Statute of Limitations Bars Refiling

Clarifying the Amount‐in‐Controversy Standard: Punitive Damages vs. Attorney’s Fees and FDUTPA Penalties in Jordan v. Closet Factory

Strickland’s Double-Deference: Religion-Based Batson Challenges and Standard Jury Instructions in Federal Habeas Review

Aiding and Abetting Attempted Bank Robbery Resulting in Death as a Crime of Violence Under 18 U.S.C. § 924(c)(3)(A)

Clarifying Material Misrepresentation Defense in Insurance Contracts: Magna Tyres USA v. Coface

Affirmation of Specific Personal Jurisdiction Through Fraudulent Misrepresentations Under the Effects Test

Clarifying Title IX “Appropriate Person,” Notice, and Deliberate Indifference Standards in Staff-to-Student Harassment Claims

Prevention Defense Validated in Land Purchase Agreements: Application of Ga. Code Ann. § 13-4-23

Protecting Government’s Interest in Unbiased Advisory Boards: Pickering Balancing in Taylor Biro v. City of Tallahassee

Affirming the Conclusive‐Record Standard for §2255 Ineffective Assistance Claims in Plea Agreements

The Single-Enticement Rule under 18 U.S.C. § 2422(b): Unanimity and Duplicitous Indictments

Limitation of Title IX’s Implied Right of Action to Students: Employees Must Rely on Title VII

First Amendment Protection of Public Begging: Eleventh Circuit’s Ruling in Singleton v. Secretary of ALEA

Eleventh Circuit Endorses Consideration of Non-Immigration Offenses in §1326 Sentencing

Eleventh Circuit Defines Standards for Dismissing Shotgun Pleadings and Tolling State Law Claims