United States v. Owen: “Interviewed Everyone” Testimony Is Not a Doyle Comment on Silence; Broad Proof Suffices for Murder-for-Hire and Aiding-and-Abetting a § 924(h) Firearm Transfer 1. Introduction...
Title IX Residency Claims Use Title VII Framework; Patient-Safety Academic Judgments Defeat Discrimination/Retaliation and ACGME Complaints Don’t Trigger GWA Absent Supervisor/Government Disclosure...
Universal APA Vacatur Elsewhere Moots Parallel Challenges to an Agency Rule Case: State of Florida v. Department of Health and Human Services (11th Cir. Sept. 4, 2026) (per curiam) (not for...
Rooker-Feldman Bars Federal Attacks on State Fee Judgments but Not Independent Tort Claims Based on Underlying Conduct I. Introduction In William Covert v. Arielle Hacking (11th Cir. Sept. 4, 2026)...
Qualified Immunity During Active Resistance: General “Disproportionate Force” Principles Do Not Clearly Establish Excessive-Force Limits 1. Introduction Case: Rafael Cendan v. Officer Jose Trujillo...
Eleventh Circuit: Pro Se Litigants Must Receive Court-Directed Notice and One Meaningful Chance to Replead Before With-Prejudice Dismissal; Rule 58 Separate-Judgment Requirement Controls Appeal...
Plain-Error Limits on Plea-Agreement Breach Claims and Guilty-Plea Waiver of Geofence Suppression Issues Case: United States v. Scott Carpenter, Jr. (11th Cir. Sept. 4, 2026) (per curiam) (not for...
Qualified Immunity Applies Absent Clearly Established Eighth Amendment Protection from a Non-Prison Co-Worker’s Recklessness I. Introduction Case: Joshua M. Hubbert v. Kenny Brinley (11th Cir. Sept....
ERISA LTD Benefits May Be Terminated for Failure to Provide Requested Financial Proof Under a Discretionary Plan Case: Judson Pankey v. Aetna Life Insurance Company (11th Cir. Sept. 3, 2026) (per...
Appointments-Clause Remedies Are Limited to Actions Taken Under Unconstitutionally Delegated “Veto” Authority (Magnuson-Stevens Councils) I. Introduction Case: Dominick Russo v. Secretary, U.S....
Rule 41(b) Dismissals for Violating Filing Injunctions Must Be Without Prejudice When Defendants Are Unserved 1. Introduction In Waseem Daker v. Gregory Dozier (11th Cir. Sept. 3, 2026)...
Indefinite Remote Work Is Not a Reasonable ADA Accommodation When It Eliminates an Essential In-Person Student-Supervision Function Case: Nilsa Agrait v. Hillsborough County Public Schools (11th Cir....
Rule 60(b) “Reasonable Time” Is Independent of the One-Year Cap: Five-Month Delay Without a Concrete Justification Is Untimely I. Introduction In Varondria Williams v. Edward J. Fay (11th Cir. Sept....
Eleventh Circuit: Non-Comparator “Same-Misconduct” Evidence and Shifting Explanations Can Create a Convincing Mosaic (and Pretext) Defeating Summary Judgment Case: Anne Guthrie (Administrator for the...
No “Office of Relator”: FCA Qui Tam Relators Are Not Article II Officers Because They Do Not Hold a Continuing Position 1. Introduction Case: Clarissa Zafirov v. Florida Medical Associates, LLC (with...
Title VI Entity Liability Requires Policy or Authorized Official Knowledge; No Clearly Established Due Process Right in Academic Grading Introduction Arebe Taylor, a Black student originally from...
Firm Resettlement Bar Applies Upon Grant of Mexican Permanent Residence; Private-Actor Gang Threats Do Not Trigger the Restricted-Residence Exception Absent Government-Imposed Constraints I....
Pendent Appellate Jurisdiction to Review Trademark Cancellation When “Inextricably Intertwined” with an Interlocutory Lanham Act Injunction Introduction Hammer Brand, LLC (doing business as Wolf...
Strict Enforcement of § 405(g)’s 65-Day Filing Window and Narrow Equitable Tolling in Social Security Appeals 1. Introduction In John E. Cole, Jr. v. Commissioner, Social Security Administration...
Federal Courts Must Abstain from Florida Property-Tax Exemption Disputes Under the Tax Injunction Act and Comity; Jurisdictional Dismissals Must Be Without Prejudice Case: Joshua Jordan v. Bob...