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11th Circuit Case Commentaries

“A Purpose” Is Enough: Eleventh Circuit Reaffirms §2251(a) Specific-Intent Standard and Clarifies §2422(b) Focus on Enticement, Not the Sex Act

“A Purpose” Is Enough: Eleventh Circuit Reaffirms §2251(a) Specific-Intent Standard and Clarifies §2422(b) Focus on Enticement, Not the Sex Act

Date: Apr 8, 2025
“A Purpose” Is Enough: Eleventh Circuit Reaffirms §2251(a) Specific-Intent Standard and Clarifies §2422(b) Focus on Enticement, Not the Sex Act Introduction In United States v. Terry Johnson (No....
EEZ Counts as “High Seas” and Defendants Bear the Rule 5 Burden: Eleventh Circuit Affirms MDLEA Convictions and Rejects Sub‑One‑Year Speedy‑Trial Claims

EEZ Counts as “High Seas” and Defendants Bear the Rule 5 Burden: Eleventh Circuit Affirms MDLEA Convictions and Rejects Sub‑One‑Year Speedy‑Trial Claims

Date: Apr 8, 2025
EEZ Counts as “High Seas” and Defendants Bear the Rule 5 Burden: Eleventh Circuit Affirms MDLEA Convictions and Rejects Sub‑One‑Year Speedy‑Trial Claims Introduction In United States v. Angel Gabriel...
Eleventh Circuit Holds HOA Rule Enforcement and Amenity Access Are “Terms, Conditions, or Privileges” Under FHA §3604(b): Post‑Acquisition Discrimination Claims Against Homeowners’ Associations Revived

Eleventh Circuit Holds HOA Rule Enforcement and Amenity Access Are “Terms, Conditions, or Privileges” Under FHA §3604(b): Post‑Acquisition Discrimination Claims Against Homeowners’ Associations Revived

Date: Apr 8, 2025
Eleventh Circuit Holds HOA Rule Enforcement and Amenity Access Are “Terms, Conditions, or Privileges” Under FHA §3604(b): Post‑Acquisition Discrimination Claims Against Homeowners’ Associations...
Plain Error to Treat the Same Conduct as Both “Relevant Conduct” for § 2K2.1(b)(6)(B) and a “Prior Sentence” Under § 4A1.2: United States v. Zamora‑Estrada

Plain Error to Treat the Same Conduct as Both “Relevant Conduct” for § 2K2.1(b)(6)(B) and a “Prior Sentence” Under § 4A1.2: United States v. Zamora‑Estrada

Date: Apr 8, 2025
Plain Error to Treat the Same Conduct as Both “Relevant Conduct” for § 2K2.1(b)(6)(B) and a “Prior Sentence” Under § 4A1.2: United States v. Zamora‑Estrada Court: United States Court of Appeals for...
Procedural Safeguards in Special-Report Summary Judgment and the Subjective Recklessness Standard for Deliberate Indifference

Procedural Safeguards in Special-Report Summary Judgment and the Subjective Recklessness Standard for Deliberate Indifference

Date: Apr 5, 2025
Procedural Safeguards in Special-Report Summary Judgment and the Subjective Recklessness Standard for Deliberate Indifference 1. Introduction John Kister, an Alabama inmate housed at Staton and...
Missouri Law After Alabama Aircraft v. Boeing: Limitation-of-Liability Clauses Reach Trade Secret Torts, But Unjust Enrichment Survives Absent Express Waiver

Missouri Law After Alabama Aircraft v. Boeing: Limitation-of-Liability Clauses Reach Trade Secret Torts, But Unjust Enrichment Survives Absent Express Waiver

Date: Apr 5, 2025
Missouri Law After Alabama Aircraft v. Boeing: Limitation-of-Liability Clauses Reach Trade Secret Torts, But Unjust Enrichment Survives Absent Express Waiver Introduction In a published decision with...
Victim’s Detailed Complaint Alone Can Establish Probable Cause: Eleventh Circuit Affirms Qualified Immunity and Dismissal of False Arrest and Malicious Prosecution Claims

Victim’s Detailed Complaint Alone Can Establish Probable Cause: Eleventh Circuit Affirms Qualified Immunity and Dismissal of False Arrest and Malicious Prosecution Claims

Date: Apr 5, 2025
Victim’s Detailed Complaint Alone Can Establish Probable Cause: Eleventh Circuit Affirms Qualified Immunity and Dismissal of False Arrest and Malicious Prosecution Claims Introduction In Jeff...
Invited Error Bars Jury-Instruction Challenges; Untimely PSI Objections Trigger Plain-Error Review—Eleventh Circuit Affirms Enhancements for Perjury and “Business of Receiving Stolen Property”

Invited Error Bars Jury-Instruction Challenges; Untimely PSI Objections Trigger Plain-Error Review—Eleventh Circuit Affirms Enhancements for Perjury and “Business of Receiving Stolen Property”

Date: Apr 5, 2025
Invited Error Bars Jury-Instruction Challenges; Untimely PSI Objections Trigger Plain-Error Review—Eleventh Circuit Affirms Enhancements for Perjury and “Business of Receiving Stolen Property”...
Attorney’s Strategic Choice Not to Pursue a Suppression Motion Is Not Deficient Where District Court Credits Voluntary Consent: Eleventh Circuit Reaffirms Strickland/Premo Deference in § 2255 Litigation

Attorney’s Strategic Choice Not to Pursue a Suppression Motion Is Not Deficient Where District Court Credits Voluntary Consent: Eleventh Circuit Reaffirms Strickland/Premo Deference in § 2255 Litigation

Date: Apr 5, 2025
Attorney’s Strategic Choice Not to Pursue a Suppression Motion Is Not Deficient Where District Court Credits Voluntary Consent: Eleventh Circuit Reaffirms Strickland/Premo Deference in § 2255...
Sting Money Is Not Commerce: Eleventh Circuit Bars Substantive Hobbs Act Extortion Based Solely on Government Funds and Demands Proof of Knowledge of the 15‑Day Form 8300 Deadline

Sting Money Is Not Commerce: Eleventh Circuit Bars Substantive Hobbs Act Extortion Based Solely on Government Funds and Demands Proof of Knowledge of the 15‑Day Form 8300 Deadline

Date: Apr 5, 2025
Sting Money Is Not Commerce: Eleventh Circuit Bars Substantive Hobbs Act Extortion Based Solely on Government Funds and Demands Proof of Knowledge of the 15‑Day Form 8300 Deadline Introduction United...
No Magic Words and No Treatment‑Plan Opinions: Eleventh Circuit Clarifies § 416.913 and § 416.920c in Ball v. SSA (Unpublished)

No Magic Words and No Treatment‑Plan Opinions: Eleventh Circuit Clarifies § 416.913 and § 416.920c in Ball v. SSA (Unpublished)

Date: Apr 5, 2025
No Magic Words and No Treatment‑Plan Opinions: Eleventh Circuit Clarifies § 416.913 and § 416.920c in Ball v. SSA (Unpublished) Introduction In David A. Ball v. Social Security Administration,...
Eleventh Circuit Adopts a Time‑of‑Conviction Analysis for § 851 “Felony Drug Offense” Predicates

Eleventh Circuit Adopts a Time‑of‑Conviction Analysis for § 851 “Felony Drug Offense” Predicates

Date: Apr 5, 2025
Eleventh Circuit Adopts a Time‑of‑Conviction Analysis for § 851 “Felony Drug Offense” Predicates Introduction This unpublished Eleventh Circuit decision, United States v. Charles Brown, Jr. (No....
Procedural Challenges to §1155 Revocations Survive §1252(a)(2)(B)(ii): Eleventh Circuit Revives “NOIR Mismatch” Claims

Procedural Challenges to §1155 Revocations Survive §1252(a)(2)(B)(ii): Eleventh Circuit Revives “NOIR Mismatch” Claims

Date: Apr 4, 2025
Procedural Challenges to §1155 Revocations Survive §1252(a)(2)(B)(ii): Eleventh Circuit Revives “NOIR Mismatch” Claims Introduction In T & B Holding Group, LLC v. U.S. Attorney General (11th Cir....
Pre-DLI RFC Must Be Supported by Function-by-Function Evidence, Not Post-DLI Improvements: The Eleventh Circuit’s Remand in Hayes v. Commissioner

Pre-DLI RFC Must Be Supported by Function-by-Function Evidence, Not Post-DLI Improvements: The Eleventh Circuit’s Remand in Hayes v. Commissioner

Date: Apr 4, 2025
Pre-DLI RFC Must Be Supported by Function-by-Function Evidence, Not Post-DLI Improvements: The Eleventh Circuit’s Remand in Hayes v. Commissioner Introduction In Michael Hayes v. Commissioner, Social...
Collateral-Order Appealability of Florida’s Absolute Litigation Privilege; No Immediate Appeal for Qualified Privilege; Narrow Limits on Extra‑Judicial Republication of Pleadings

Collateral-Order Appealability of Florida’s Absolute Litigation Privilege; No Immediate Appeal for Qualified Privilege; Narrow Limits on Extra‑Judicial Republication of Pleadings

Date: Apr 4, 2025
Collateral-Order Appealability of Florida’s Absolute Litigation Privilege; No Immediate Appeal for Qualified Privilege; Narrow Limits on Extra‑Judicial Republication of Pleadings Introduction In a...
Collateral Estoppel from an Unappealed Motion to Reopen Does Not Moot a Pending Petition for Review; Eleventh Circuit Reaffirms Need for Credible, Individualized Proof for CAT Relief

Collateral Estoppel from an Unappealed Motion to Reopen Does Not Moot a Pending Petition for Review; Eleventh Circuit Reaffirms Need for Credible, Individualized Proof for CAT Relief

Date: Apr 4, 2025
Collateral Estoppel from an Unappealed Motion to Reopen Does Not Moot a Pending Petition for Review; Eleventh Circuit Reaffirms Need for Credible, Individualized Proof for CAT Relief Introduction In...
Erlinger Meets Plain Error: Eleventh Circuit Holds No Reversible ACCA “Occasions” Error Where Predicate Convictions Are Years Apart

Erlinger Meets Plain Error: Eleventh Circuit Holds No Reversible ACCA “Occasions” Error Where Predicate Convictions Are Years Apart

Date: Apr 3, 2025
Erlinger Meets Plain Error: Eleventh Circuit Holds No Reversible ACCA “Occasions” Error Where Predicate Convictions Are Years Apart Introduction In United States v. James Bryant, the Eleventh Circuit...
No Waiver of Unpled Prompt‑Notice Defense at Summary Judgment Absent Prejudice; Late Notice Presumed Prejudicial Where Post‑Loss Repairs Obscure Evidence

No Waiver of Unpled Prompt‑Notice Defense at Summary Judgment Absent Prejudice; Late Notice Presumed Prejudicial Where Post‑Loss Repairs Obscure Evidence

Date: Apr 3, 2025
No Waiver of Unpled Prompt‑Notice Defense at Summary Judgment Absent Prejudice; Late Notice Presumed Prejudicial Where Post‑Loss Repairs Obscure Evidence Commentary on Lynda Pierce v. National...
Title VII Personal-Staff Exemption: Prejudice Test & Six-Factor Framework

Title VII Personal-Staff Exemption: Prejudice Test & Six-Factor Framework

Date: Apr 2, 2025
Title VII Personal-Staff Exemption: Prejudice Test & Six-Factor Framework Introduction In Dr. Jasmine Younge v. Fulton Judicial Circuit District Attorney’s Office (11th Cir. Apr. 1, 2025), the...
Mootness Doctrine and Sanctions in Section 13(d) Disclosure Suits

Mootness Doctrine and Sanctions in Section 13(d) Disclosure Suits

Date: Apr 2, 2025
Mootness Doctrine and Sanctions in Section 13(d) Disclosure Suits Introduction In AIM Immunotech, Inc. v. Franz Tudor, No. 23-13576 (11th Cir. Apr. 1, 2025), the Eleventh Circuit confronted a dispute...
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