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  • Commentaries
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11th Circuit Case Commentaries

Courts Review SSA Decisions Under Rules In Effect When Issued: Eleventh Circuit Declines Retroactive Application of SSR 24-2p and Affirms ALJ’s Evidence Evaluation in Minnis v. Commissioner

Courts Review SSA Decisions Under Rules In Effect When Issued: Eleventh Circuit Declines Retroactive Application of SSR 24-2p and Affirms ALJ’s Evidence Evaluation in Minnis v. Commissioner

Date: Apr 2, 2025
Courts Review SSA Decisions Under Rules In Effect When Issued: Eleventh Circuit Declines Retroactive Application of SSR 24-2p and Affirms ALJ’s Evidence Evaluation in Minnis v. Commissioner...
Requirement of Adequate Explanation for Denial of Compassionate Release Motions Under 18 U.S.C. § 3582(c)(1)(A)

Requirement of Adequate Explanation for Denial of Compassionate Release Motions Under 18 U.S.C. § 3582(c)(1)(A)

Date: Apr 2, 2025
Requirement of Adequate Explanation for Denial of Compassionate Release Motions Under 18 U.S.C. § 3582(c)(1)(A) Introduction This commentary examines the Eleventh Circuit’s per curiam decision in...
Clarifying Managerial Role Enhancements and Mandatory Supervised-Release Revocation in Sentencing: United States v. Anderson

Clarifying Managerial Role Enhancements and Mandatory Supervised-Release Revocation in Sentencing: United States v. Anderson

Date: Apr 1, 2025
Clarifying Managerial Role Enhancements and Mandatory Supervised-Release Revocation in Sentencing: United States v. Anderson Introduction United States v. Brandon Anderson, decided by the Eleventh...
Reasonable Suspicion to Prolong a Traffic Stop May Be Grounded in Pre‑Stop Evasion, Persistent Nervousness, Vague Itinerary, and Unclear Vehicle Authorization

Reasonable Suspicion to Prolong a Traffic Stop May Be Grounded in Pre‑Stop Evasion, Persistent Nervousness, Vague Itinerary, and Unclear Vehicle Authorization

Date: Apr 1, 2025
Reasonable Suspicion to Prolong a Traffic Stop May Be Grounded in Pre‑Stop Evasion, Persistent Nervousness, Vague Itinerary, and Unclear Vehicle Authorization Introduction In United States v. Marco...
Amendment 821’s Zero‑Point Offender Reduction Is Discretionary: Eleventh Circuit Affirms Denial Under § 3582(c)(2) Where § 3553(a) Factors Predominate

Amendment 821’s Zero‑Point Offender Reduction Is Discretionary: Eleventh Circuit Affirms Denial Under § 3582(c)(2) Where § 3553(a) Factors Predominate

Date: Apr 1, 2025
Amendment 821’s Zero‑Point Offender Reduction Is Discretionary: Eleventh Circuit Affirms Denial Under § 3582(c)(2) Where § 3553(a) Factors Predominate Introduction This commentary examines the...
No FMLA Interference Without Prejudice; 'But-For' Causation for FMLA Retaliation; Remote Prior Affiliation Insufficient for Recusal

No FMLA Interference Without Prejudice; 'But-For' Causation for FMLA Retaliation; Remote Prior Affiliation Insufficient for Recusal

Date: Apr 1, 2025
No FMLA Interference Without Prejudice; 'But-For' Causation for FMLA Retaliation; Remote Prior Affiliation Insufficient for Recusal Introduction In Iris N. Wilson v. CSX Transportation, Inc., the...
Post-Wilkinson Limits in the Eleventh Circuit: Credibility Findings in Cancellation Cases Are Unreviewable and No Due Process Right Attaches to Discretionary Relief

Post-Wilkinson Limits in the Eleventh Circuit: Credibility Findings in Cancellation Cases Are Unreviewable and No Due Process Right Attaches to Discretionary Relief

Date: Apr 1, 2025
Post-Wilkinson Limits in the Eleventh Circuit: Credibility Findings in Cancellation Cases Are Unreviewable and No Due Process Right Attaches to Discretionary Relief Introduction In Hernandez-Rivera...
Claim Preclusion Between FCA Retaliation and Qui Tam Claims Reaffirmed; Government Not Barred and Rule 4(m) Harmonized with FCA Seal — Milner v. Baptist Health (11th Cir. 2025)

Claim Preclusion Between FCA Retaliation and Qui Tam Claims Reaffirmed; Government Not Barred and Rule 4(m) Harmonized with FCA Seal — Milner v. Baptist Health (11th Cir. 2025)

Date: Apr 1, 2025
Claim Preclusion Between FCA Retaliation and Qui Tam Claims Reaffirmed; Government Not Barred and Rule 4(m) Harmonized with FCA Seal — Milner v. Baptist Health (11th Cir. 2025) Introduction In...
Revocation Does Not Extinguish Jurisdiction: Eleventh Circuit Authorizes Abeyance and Sequential Adjudication of Supervised Release Violations

Revocation Does Not Extinguish Jurisdiction: Eleventh Circuit Authorizes Abeyance and Sequential Adjudication of Supervised Release Violations

Date: Mar 29, 2025
Revocation Does Not Extinguish Jurisdiction: Eleventh Circuit Authorizes Abeyance and Sequential Adjudication of Supervised Release Violations Case: United States v. Kh’Lajuwon Amari Murat, No....
Excluding Later Corporate-Filing Evidence Is Harmless Where the Duty to Report Personal Income Is Clear and the Good‑Faith Defense Was Otherwise Presented — United States v. Adix (11th Cir. 2025)

Excluding Later Corporate-Filing Evidence Is Harmless Where the Duty to Report Personal Income Is Clear and the Good‑Faith Defense Was Otherwise Presented — United States v. Adix (11th Cir. 2025)

Date: Mar 28, 2025
Excluding Later Corporate-Filing Evidence Is Harmless Where the Duty to Report Personal Income Is Clear and the Good‑Faith Defense Was Otherwise Presented Case: United States v. Michael Adix, No....
Eleventh Circuit Clarifies Discretionary Standards for Compassionate Release Denials under 18 U.S.C. § 3582(c)(1)(A)

Eleventh Circuit Clarifies Discretionary Standards for Compassionate Release Denials under 18 U.S.C. § 3582(c)(1)(A)

Date: Mar 28, 2025
Eleventh Circuit Clarifies Discretionary Standards for Compassionate Release Denials under 18 U.S.C. § 3582(c)(1)(A) Introduction The case of United States v. William Kinsey, III presents a...
Eligibility Is Not Entitlement: Eleventh Circuit Affirms Broad District Court Discretion to Deny Amendment 821 Reductions and to Decline Re‑Applying Substantial‑Assistance Departures

Eligibility Is Not Entitlement: Eleventh Circuit Affirms Broad District Court Discretion to Deny Amendment 821 Reductions and to Decline Re‑Applying Substantial‑Assistance Departures

Date: Mar 28, 2025
Eligibility Is Not Entitlement: Eleventh Circuit Affirms Broad District Court Discretion to Deny Amendment 821 Reductions and to Decline Re‑Applying Substantial‑Assistance Departures Introduction In...
United States v. Blanc: Auto-Download Defense Rejected Where Knowledge Is Shown; 404(b) Prior Enticement Evidence Admissible; No Plain Error in Treating Each Video as 75 Images

United States v. Blanc: Auto-Download Defense Rejected Where Knowledge Is Shown; 404(b) Prior Enticement Evidence Admissible; No Plain Error in Treating Each Video as 75 Images

Date: Mar 28, 2025
United States v. Blanc: Auto-Download Defense Rejected Where Knowledge Is Shown; 404(b) Prior Enticement Evidence Admissible; No Plain Error in Treating Each Video as 75 Images Introduction In this...
Prospective Relief Requires a Credible Future Threat; Sovereign Immunity Bars Official‑Capacity Nominal‑Damages Claims Challenging Florida’s No‑Pro‑Se Rule for Death‑Row Inmates

Prospective Relief Requires a Credible Future Threat; Sovereign Immunity Bars Official‑Capacity Nominal‑Damages Claims Challenging Florida’s No‑Pro‑Se Rule for Death‑Row Inmates

Date: Mar 27, 2025
Prospective Relief Requires a Credible Future Threat; Sovereign Immunity Bars Official‑Capacity Nominal‑Damages Claims Challenging Florida’s No‑Pro‑Se Rule for Death‑Row Inmates Introduction This...
Fraudulent Joinder Permits Ignoring Unknown Citizenship of a Nontraditional Trust; Res Judicata Bars Repeat Foreclosure Challenges

Fraudulent Joinder Permits Ignoring Unknown Citizenship of a Nontraditional Trust; Res Judicata Bars Repeat Foreclosure Challenges

Date: Mar 27, 2025
Fraudulent Joinder Permits Ignoring Unknown Citizenship of a Nontraditional Trust; Res Judicata Bars Repeat Foreclosure Challenges Introduction In Peter Otoh v. Federal National Mortgage Association...
Rational Public‑Safety Justifications Defeat Substantive Due Process Challenges to Roadway Encroachments: Eleventh Circuit Affirms in Neely v. Elmore County

Rational Public‑Safety Justifications Defeat Substantive Due Process Challenges to Roadway Encroachments: Eleventh Circuit Affirms in Neely v. Elmore County

Date: Mar 27, 2025
Rational Public‑Safety Justifications Defeat Substantive Due Process Challenges to Roadway Encroachments: Eleventh Circuit Affirms in Neely v. Elmore County Introduction In an unpublished,...
Assume Error, Deny on Brecht: Eleventh Circuit Clarifies Harmless-Error Sequence in § 2254 Appeals

Assume Error, Deny on Brecht: Eleventh Circuit Clarifies Harmless-Error Sequence in § 2254 Appeals

Date: Mar 26, 2025
Assume Error, Deny on Brecht: Eleventh Circuit Clarifies Harmless-Error Sequence in § 2254 Appeals Introduction In Reginald Bertram Johnson v. Secretary, Florida Department of Corrections, the...
No Clearly Established Right to Record Police or Sing in a Post Office Parking Lot (a Nonpublic Forum): Eleventh Circuit Affirms Qualified Immunity and Rejects Monell/Due Process Claims

No Clearly Established Right to Record Police or Sing in a Post Office Parking Lot (a Nonpublic Forum): Eleventh Circuit Affirms Qualified Immunity and Rejects Monell/Due Process Claims

Date: Mar 26, 2025
No Clearly Established Right to Record Police or Sing in a Post Office Parking Lot (a Nonpublic Forum): Eleventh Circuit Affirms Qualified Immunity and Rejects Monell/Due Process Claims Note: This is...
Everglades Restoration Savings Clause Baseline Decision

Everglades Restoration Savings Clause Baseline Decision

Date: Mar 26, 2025
Everglades Restoration Savings Clause Baseline Decision Introduction United States Sugar Corporation, Okeelanta Corporation, and Sugar Cane Growers Cooperative of Florida (“Plaintiffs”) appealed the...
Withholding Safety‑Valve Leniency Is Not an Adverse Inference: Eleventh Circuit Affirms Upward Variance Based on Scope and Multi‑Drug Conduct

Withholding Safety‑Valve Leniency Is Not an Adverse Inference: Eleventh Circuit Affirms Upward Variance Based on Scope and Multi‑Drug Conduct

Date: Mar 26, 2025
Withholding Safety‑Valve Leniency Is Not an Adverse Inference: Eleventh Circuit Affirms Upward Variance Based on Scope and Multi‑Drug Conduct Introduction In United States v. Michael Anthony Sheppard...
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