MDLEA Enforcement in a Foreign EEZ: EEZ Treated as “High Seas,” Statelessness Definition Upheld, and No U.S. Nexus Required Case: United States v. Daribel Sanchez (consolidated with United States v....
Deferential Review of Substantive Reasonableness: No Requirement to Explicitly Address Each Mitigating Fact and Strong Presumptive Support for Below-Guidelines, Below-Statutory-Maximum Sentences in...
OSHA Act Issue-Preservation Rule: No Appellate Review of Unurged Objections Before the Commission (and Incorporation by Reference Is Insufficient) I. Introduction Case: FAMA Construction, LLC v. U.S....
United States v. Terrence Peoples: Mislabeling an Upward-Variance Challenge as “Procedural” Fails Without a Real Guidelines-Calculation Error 1. Introduction In United States v. Terrence Peoples...
AEDPA Deference Applies When a State Postconviction Court Adopts a Prejudice-Based Strickland Response 1. Introduction In Winston Calder v. Secretary, Florida Department of Corrections (11th Cir....
Probable Cause for Pedestrian-in-the-Roadway Arrest Bars Fourth and First Amendment Arrest-Claims Absent Objective Nieves Comparator Evidence Introduction In Donovan Schilling v. Michael Doherty...
Eleventh Circuit Clarifies Title IX Accrual and Tolling in Alabama: Internal Proceedings Don’t Extend Limitations; Spoliation Requires Bad Faith; No New Claims via Summary-Judgment Briefing 1....
“Toothless” Reprimands and Retaliation: Objectively Reasonable Belief Requires a Plausible Title VII Discrimination Harm I. Introduction In Stephen Davis v. Orange County, the Eleventh Circuit (per...
Appeal-First Waiver of Amendment and the High Bar for Rule 60(d)(3) “Fraud on the Court” in Shotgun-Pleading Dismissals Case: Stephen Lynch Murray v. Phil Archer, et al. (11th Cir. Feb. 13, 2026)...
No Duty to Evaluate Unalleged Psychological Pain Theories; Symptom and RFC Findings Stand if Supported by Substantial Evidence Introduction In Barry Varnon v. Social Security Administration,...
Open-Ended In-Class “Shadow” ABA Support Is an Unreasonable § 504 Accommodation and Does Not Render a Student “Otherwise Qualified” I. Introduction In Jaketra Bryant, on behalf of Minor Child v....
Rule 56 “Convincing Mosaic” Controls After Rebuttal: Job-Abandonment Enforcement and Administrative Race-Verification Requests Do Not Show Title VII Bias Without Evidence of Intent or Pretext I....
Sole-Occupant Constructive Possession and § 924(c) “Nexus” Shown by a Loaded, Illegally Possessed Firearm Near Distribution-Indicative Drugs and Tools Introduction In United States v. Howatdrick...
MDLEA Enforcement in Foreign EEZs Upheld; Congress Not Constrained by Customary International Law in Defining “Vessel Without Nationality” Introduction United States v. Jorman Jose Goitia...
MDLEA Jurisdiction in Foreign EEZs: EEZ Treated as “High Seas,” Congress Not Limited by Customary International Law, and State Department Certifications Do Not Trigger Confrontation Rights Case:...
Reasonable Mistake About Residential Zoning Can Supply Arguable Probable Cause for a Noise Citation and Support Qualified Immunity for an Obstruction Arrest I. Introduction In Willie Aaron Green v....
Georgia Rideshare Negligence Per Se Turns on Statutory Compliance and “Disclosed” Disqualifying Convictions (Not Undisclosed Criminal History), and Allows Electronic Private Certification Case:...
Unapproved FLSA Settlements Do Not Invalidate Releases of Non-FLSA Claims: State Contract Law Governs Mixed Releases Introduction In Thomas O'Neal v. American Shaman Franchise Systems, Inc. (11th...
Eleventh Circuit Reaffirms § 922(g)(1) Constitutionality Under Plain-Error Review; Applies § 3C1.2 to Foot Flight with an Unsecured Loaded Firearm; Declines Plain-Error Relief on Juvenile-Points...
United States v. Hicks: “Mature Stalk” Wording Does Not Create ACCA Marijuana Overbreadth; § 922(g)(1) Remains Constitutional Under Binding Circuit Precedent Court: United States Court of Appeals for...