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  • Commentaries
  • Judgments

11th Circuit Case Commentaries

Amendment 822 Forecloses Dupree-Based Career-Offender Relief in Compassionate Release; “Other Reasons” Must Match Enumerated Gravity

Amendment 822 Forecloses Dupree-Based Career-Offender Relief in Compassionate Release; “Other Reasons” Must Match Enumerated Gravity

Date: Mar 25, 2025
Amendment 822 Forecloses Dupree-Based Career-Offender Relief in Compassionate Release; “Other Reasons” Must Match Enumerated Gravity Introduction In United States v. Travis Lamont Smith, No. 24-11460...
Owner’s Valuation Sufficient for Diminution-of-Value Damages Under Magnuson-Moss Warranty Act – Horowitz v. Allied Marine

Owner’s Valuation Sufficient for Diminution-of-Value Damages Under Magnuson-Moss Warranty Act – Horowitz v. Allied Marine

Date: Mar 25, 2025
Owner’s Valuation Sufficient for Diminution-of-Value Damages Under Magnuson-Moss Warranty Act Introduction In Kenneth A. Horowitz v. Allied Marine, Inc. (11th Cir. 2025), the Eleventh Circuit...
"Stale" Convictions, "Fresh" Conduct: Eleventh Circuit Affirms Upward Variance Based on Underrepresented Criminal History Without §4A1.3 Findings

"Stale" Convictions, "Fresh" Conduct: Eleventh Circuit Affirms Upward Variance Based on Underrepresented Criminal History Without §4A1.3 Findings

Date: Mar 25, 2025
"Stale" Convictions, "Fresh" Conduct: Eleventh Circuit Affirms Upward Variance Based on Underrepresented Criminal History Without §4A1.3 Findings Introduction This unpublished, per curiam decision...
No Double Counting After §2K2.1 Cross-Reference; Broad Discretion for Consecutive Federal Sentences to Undischarged State Terms

No Double Counting After §2K2.1 Cross-Reference; Broad Discretion for Consecutive Federal Sentences to Undischarged State Terms

Date: Mar 25, 2025
No Double Counting After §2K2.1 Cross-Reference; Broad Discretion for Consecutive Federal Sentences to Undischarged State Terms Case: United States v. Matthew Cory Tucker Court: U.S. Court of Appeals...
Clarifying the ADA's Disability and Retaliation Standards in the Wake of COVID-19 Policies: Lessons from Ealaila Conard v. Chanel, Inc.

Clarifying the ADA's Disability and Retaliation Standards in the Wake of COVID-19 Policies: Lessons from Ealaila Conard v. Chanel, Inc.

Date: Mar 24, 2025
Clarifying the ADA's Disability and Retaliation Standards in the Wake of COVID-19 Policies: Lessons from Ealaila Conard v. Chanel, Inc. Introduction The case of Ealaila Conard v. Chanel, Inc....
Final Policymaker as a Prerequisite for Municipal Liability Under §1983: Eleventh Circuit Clarifies the Standard

Final Policymaker as a Prerequisite for Municipal Liability Under §1983: Eleventh Circuit Clarifies the Standard

Date: Mar 24, 2025
Final Policymaker as a Prerequisite for Municipal Liability Under §1983: Eleventh Circuit Clarifies the Standard Introduction In the case of Phoenix Ridge GA TC, LP v. City of Atlanta, Georgia, the...
Affirming Evidentiary Compliance: New Standards in Evaluating Summary Judgment Evidence in Racial Discrimination Claims

Affirming Evidentiary Compliance: New Standards in Evaluating Summary Judgment Evidence in Racial Discrimination Claims

Date: Mar 24, 2025
Affirming Evidentiary Compliance: New Standards in Evaluating Summary Judgment Evidence in Racial Discrimination Claims Introduction The case of DR. DARE ADEWUMI v. WELLSTAR MEDICAL GROUP, WELLSTAR...
Waiver of Objections and the Limits of Plain Error Review: A New Standard for Appellate Challenges in Employment Discrimination Cases

Waiver of Objections and the Limits of Plain Error Review: A New Standard for Appellate Challenges in Employment Discrimination Cases

Date: Mar 24, 2025
Waiver of Objections and the Limits of Plain Error Review: A New Standard for Appellate Challenges in Employment Discrimination Cases Introduction The case of Linda DeVore v. Northwest Florida State...
Eleventh Circuit Reaffirms MDLEA Statelessness Definition, Declines Mens Rea for Drug Type/Quantity, and Confirms Speedy Trial Trigger at First Appearance in Charging District

Eleventh Circuit Reaffirms MDLEA Statelessness Definition, Declines Mens Rea for Drug Type/Quantity, and Confirms Speedy Trial Trigger at First Appearance in Charging District

Date: Mar 22, 2025
Eleventh Circuit Reaffirms MDLEA Statelessness Definition, Declines Mens Rea for Drug Type/Quantity, and Confirms Speedy Trial Trigger at First Appearance in Charging District Introduction In United...
Optional Shop Reporting and Company-Truck Commutes Are Not Compensable “Principal Activities” Under the FLSA: Commentary on McAnally v. Alabama Plumbing Contractor LLC (11th Cir. 2025)

Optional Shop Reporting and Company-Truck Commutes Are Not Compensable “Principal Activities” Under the FLSA: Commentary on McAnally v. Alabama Plumbing Contractor LLC (11th Cir. 2025)

Date: Mar 22, 2025
Optional Shop Reporting and Company-Truck Commutes Are Not Compensable “Principal Activities” Under the FLSA Commentary on Paul McAnally v. Alabama Plumbing Contractor LLC, et al. (11th Cir. Mar. 21,...
Omission of Pending Claims in Chapter 13 Bankruptcy Triggers Judicial Estoppel in Later Civil Suits

Omission of Pending Claims in Chapter 13 Bankruptcy Triggers Judicial Estoppel in Later Civil Suits

Date: Mar 22, 2025
Omission of Pending Claims in Chapter 13 Bankruptcy Triggers Judicial Estoppel in Later Civil Suits Introduction This case, Vonda James v. Penney OPCO, LLC, arises from an employment discrimination...
Plain-View Seizure of Digital Surveillance Media and Post‑Verdict Courtroom Intimidation as Obstruction: United States v. Gilmore (11th Cir. 2025)

Plain-View Seizure of Digital Surveillance Media and Post‑Verdict Courtroom Intimidation as Obstruction: United States v. Gilmore (11th Cir. 2025)

Date: Mar 22, 2025
Plain-View Seizure of Digital Surveillance Media and Post‑Verdict Courtroom Intimidation as Obstruction: United States v. Gilmore (11th Cir. 2025) Introduction In United States v. Dempsey Emmanuel...
Minimal §3553(a) Explanation and Post‑Sentencing Misconduct Can Justify Denying Amendment 821 Reductions Under §3582(c)(2)

Minimal §3553(a) Explanation and Post‑Sentencing Misconduct Can Justify Denying Amendment 821 Reductions Under §3582(c)(2)

Date: Mar 22, 2025
Minimal §3553(a) Explanation and Post‑Sentencing Misconduct Can Justify Denying Amendment 821 Reductions Under §3582(c)(2) Introduction In United States v. Andre Wallace, No. 24-11963 (11th Cir. Mar....
Optional Shop Stops Do Not Convert Company‑Vehicle Commuting into Compensable Time under the FLSA: Eleventh Circuit Affirms in May v. Alabama Plumbing Contractor LLC

Optional Shop Stops Do Not Convert Company‑Vehicle Commuting into Compensable Time under the FLSA: Eleventh Circuit Affirms in May v. Alabama Plumbing Contractor LLC

Date: Mar 22, 2025
Optional Shop Stops Do Not Convert Company‑Vehicle Commuting into Compensable Time under the FLSA: Eleventh Circuit Affirms in May v. Alabama Plumbing Contractor LLC Court: U.S. Court of Appeals for...
But-For Causation Controls EV Fire-Spread Design Claims Under Florida Law; Strict Gatekeeping Over Late and Unreliable Expert Opinions

But-For Causation Controls EV Fire-Spread Design Claims Under Florida Law; Strict Gatekeeping Over Late and Unreliable Expert Opinions

Date: Mar 22, 2025
But-For Causation Controls EV Fire-Spread Design Claims Under Florida Law; Strict Gatekeeping Over Late and Unreliable Expert Opinions Introduction In James B. Riley v. Tesla, Inc. (Court of Appeals...
Reaffirmation of Miller: Constitutional Upholding of NFA’s Regulation of Short-Barreled Firearms Under the Second Amendment

Reaffirmation of Miller: Constitutional Upholding of NFA’s Regulation of Short-Barreled Firearms Under the Second Amendment

Date: Mar 21, 2025
Reaffirmation of Miller: Constitutional Upholding of NFA’s Regulation of Short-Barreled Firearms Under the Second Amendment Introduction United States v. David Robinson, Jr., decided March 20, 2025,...
Judicial Non-Reviewability of USCIS Adjustment-of-Status Delays under 8 U.S.C. § 1252(a)(2)(B)(ii)

Judicial Non-Reviewability of USCIS Adjustment-of-Status Delays under 8 U.S.C. § 1252(a)(2)(B)(ii)

Date: Mar 21, 2025
Judicial Non-Reviewability of USCIS Adjustment-of-Status Delays under 8 U.S.C. § 1252(a)(2)(B)(ii) Introduction Madhu Sudhan Kanapuram and Swathi Pillarisetty, Indian nationals residing in the United...
Revenue-Sharing Agreements in Airline Booking Do Not Breach Contracts or Constitute Deceptive Practices: Whiteman v. AGA Precedent

Revenue-Sharing Agreements in Airline Booking Do Not Breach Contracts or Constitute Deceptive Practices: Whiteman v. AGA Precedent

Date: Mar 21, 2025
Revenue-Sharing Agreements in Airline Booking Do Not Breach Contracts or Constitute Deceptive Practices: Whteman v. AGA Precedent Introduction Whiteman v. AGA Service Company is an Eleventh Circuit...
Upward Variance Discretion in Supervised Release Revocation Sentences: United States v. Joshua Scott

Upward Variance Discretion in Supervised Release Revocation Sentences: United States v. Joshua Scott

Date: Mar 21, 2025
Upward Variance Discretion in Supervised Release Revocation Sentences: United States v. Joshua Scott Introduction United States v. Joshua Scott, decided by the Eleventh Circuit on March 20, 2025,...
Clarifying the Boundaries of Procedural and Substantive Reasonableness in Sentencing for Drug Trafficking Offenses

Clarifying the Boundaries of Procedural and Substantive Reasonableness in Sentencing for Drug Trafficking Offenses

Date: Mar 20, 2025
Clarifying the Boundaries of Procedural and Substantive Reasonableness in Sentencing for Drug Trafficking Offenses Introduction In the recent decision of United States of America v. Alba...
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