United States v. Mullings: No “Fair and Just Reason” to Withdraw a Guilty Plea Absent Credible Coercion—and No Pre-Plea Duty to Disclose a Cooperator; Sentencing Enhancements Sustained for Loss...
Broad Labor-Arbitration Clauses Encompass Indemnification Disputes; Timeliness and Litigation-Stage Waiver Are for the Arbitrator (Absent Clear Relinquishment) Introduction In 1199SEIU United...
FLSA Administrative Exemption: Mere Compliance with Governing Law Does Not Transform Frontline Investigators into “Legal Compliance” Staff Introduction In Robert Bumgardner v. Forensic Pathology...
Eleventh Circuit Reaffirms: A Sentencing Judge Need Not Address Every Mitigation Argument If the Record Shows § 3553(a) Consideration, and May Rely on Undisputed PSI Facts Introduction In United...
Plain-Error Double Jeopardy and Aiding-and-Abetting “Advance Knowledge” in Felony-Murder/Robbery Cases with Multiple Victims I. Introduction United States v. Krystal Pinkins (11th Cir. Feb. 9, 2026)...
Federal § 2255 Successive Motions After Bowe: § 2244(b)(1) Old-Claim Bar Inapplicable; Authorization Turns on § 2255(h) Alone 1. Introduction Case: In re: Michael Bowe, No. 24-11704 (11th Cir. Feb....
Interlocutory Immunity Appeals Must Present Legal Questions; Pendent Cross-Appeals Limited to Inextricably Intertwined Issues I. Introduction In Kary Jarvis v. City of Daytona Beach (11th Cir. Feb....
Pleading Specific Falsity to Disregard an Attached Arrest Affidavit at the Motion-to-Dismiss Stage Introduction In Melissa Antoinette Betterson v. Town of Cutler Bay, the Eleventh Circuit (per...
Hostile Work Environment: Bias Against Other Minority Groups Can Evidence Workplace “In-Group” Racial Preference (with Race-Specific Harassment Still Required) I. Introduction In Clennon Melton v....
Arguable Probable Cause Under Florida’s Baker Act Supports Qualified Immunity, While Repeated Tasing and Striking a Restrained “43” Suspect Can Be Clearly Excessive Case: Jafet Castro-Reyes v. German...
Sex as a BFOQ for Same-Gender Personal Searches: Upholding Female-Only CBP Shifts When Alternatives Are Not Viable 1. Introduction Tracy R. Anderson v. Secretary, U.S. Department of Homeland Security...
Government Contractors as “Public Officials” for Honest-Services Fraud Instructions and U.S.S.G. § 2C1.1 1. Introduction In United States v. Michael Shirley (11th Cir. Feb. 6, 2026) (unpublished),...
Broad “Public Official” Definition in Honest-Services Fraud: Contractors Covered for Sentencing; No Adverse Inference from Fifth-Amendment Invocations Introduction In United States v. Michael Shirley...
Underwear-Only Images Outside the Frame of the Anus/Genitals/Pubic Area Are Not “Child Pornography” Under 18 U.S.C. § 2256 Introduction In United States v. Stephen Regis, Jr. (11th Cir. Feb. 6, 2026)...
Untimely, Non-Specific Objections to a Magistrate Judge’s R&R Waive Appellate Review Absent an “Interests of Justice” Plain-Error Argument (11th Cir. R. 3-1) Case: Michael James Palmer v....
Gratuitous Force Against a Compliant, Non-Threatening Person Defeats Qualified Immunity Case: Andrew Pears v. Arnold Oliver, III (11th Cir. Feb. 5, 2026) (per curiam) (Not for Publication) Posture:...
Eleventh Circuit Clarifies Appellate Abandonment in Social Security Appeals and Limits SSR 11-1p to Appeals Council “Not Chronologically Relevant” Findings I. Introduction In Belinda Belajonas v....
Acquitted Conduct May Support a § 3553(a) Upward Variance Within the Statutory Maximum Despite U.S.S.G. § 1B1.3(c) (2024) Introduction In United States v. Keith Pharms (11th Cir. Feb. 5, 2026) (per...
Record-Incorporation Suffices for § 3582(c)(2) Denials Under Amendment 821 When the Court States It Considered § 3553(a) Introduction In United States v. Robert Willis, Jr. (11th Cir. Feb. 5, 2026)...
Eleventh Circuit Reaffirms Rozier: § 922(g)(1) Challenges Barred Post-Bruen and Rahimi Under the Prior-Panel-Precedent Rule Case: United States v. Travion Cortez Vanhorn (11th Cir., Feb. 5, 2026)...