Post-Lopez-Martinez Cancellation Review: Hardship Determinations Are Reviewable as Mixed Questions, but Underlying Facts (and Unexhausted Legal-Standard Claims) Are Not 1. Introduction Gabriel...
Interlocutory Qualified-Immunity Appeals Exclude § 1983 “Color of Law” Review; “Obvious Clarity” Defeated by Contrary Circuit Vehicle-Crash Precedent 1. Introduction Case: Denise Hughes v. Monique...
U.S.S.G. § 4B1.2(d) Makes Attempts “Crimes of Violence” Whenever the Completed Offense Qualifies 1. Introduction United States v. Joseph Ott (11th Cir. Jan. 29, 2026) addresses a recurrent...
Upward Variance for Illegal Reentry Upheld Where Guidelines Understate Extensive, Largely Unscored Criminal History and Repeated Deportations Case: United States v. Carlos Nunez-Inzunza (11th Cir....
ADA/Rehabilitation Act Jail-Damages Require Sheriff’s Actual Knowledge (No Vicarious Liability); Post-Release Injunctive Claims Moot Absent Likely Reincarceration Introduction In Kevin Lewis v....
Municipal § 1983 Liability Requires a Pleaded Policy/Custom; Recusal Cannot Rest on Adverse Rulings and Unbriefed Claims Are Abandoned on Appeal (11th Cir.) 1. Introduction In Carolyn Wright v. City...
Post-Rahimi Reaffirmation in the Eleventh Circuit: § 922(g)(1) Felon-in-Possession Challenges Remain Foreclosed by Rozier and Dubois III I. Introduction In United States v. Ro'Daryus Mitchell (11th...
General Objections and Rule 56.1 Noncompliance Waive Appellate Review of Summary-Judgment Dispositions in the Eleventh Circuit Introduction In Carolyn Wright v. Georgia Student Finance Commission...
Plain-Error Reversal When a Prosecutor Urges Conviction Using an Unadmitted Exhibit in Closing Argument Case: United States v. Hassan Jones (11th Cir. Jan. 22, 2026) Key holding: It is plain,...
FTCA Equitable Tolling Requires Plaintiff Diligence: Agency May Rely on SF-95 Address and Need Not Infer Counsel’s Move from Email Signatures I. Introduction In Cassius Standifer Peak v. United...
Harmless Frazier Error Where Independent Video Evidence Overwhelmingly Proves Supervised-Release Violations Introduction In United States v. Emmannuel Rodole Francois (11th Cir. Jan. 27, 2026)...
FEGLI Accidental-Death Claims: Contractual Arbitrary-and-Capricious Review Applies, and “Contributed To By” Illness Exclusions Are Enforceable Introduction In Brittany Finney v. Metropolitan Life...
PIA-Based “Legal Impossibility” Requires Supporting Facts; Intended Loss (Post-Amendment 827) Includes Impossible or Unlikely Harm in Trade-Secret Conspiracies Case: United States v. Juan Martinez...
“New” Post-Sentencing Cooperation Evidence Does Not Compel Rule 35(b) Relief When the Plea Agreement Vests Sole Discretion in the Government (Absent Unconstitutional Motive) Introduction United...
AEDPA Deference to State Chapman Harmlessness for Apprendi/Blakely Guideline-Departure Errors I. Introduction Dwayne E. Sheppard v. Secretary, Florida Department of Corrections is a federal habeas...
Loss over $10,000 for INA Fraud Aggravated Felonies May Be Proven Through the Criminal Record (Including a Signed Factual Proffer), Not Just Restitution Case: Odain Marsh v. U.S. Attorney General...
Pleading-Stage Retaliation Causation Must Follow Twombly/Iqbal—Not Summary-Judgment Temporal-Proximity Rules; Hostile-Environment Summary Judgment Requires Full “Totality” Review Including...
Issue Preservation Rule in Asylum Appeals: Challenging PSG Law Does Not Preserve “Unable or Unwilling to Protect” Element Case: Senia Matute-Rivera v. U.S. Attorney General Court: U.S. Court of...
Standing in SB 202 Preenforcement Challenges: “General Enforcement Authority” Is Insufficient at Summary Judgment I. Introduction In Coalition for Good Governance v. Secretary of State for the State...
Privilege Log Deficiencies Waive § 1782 Privilege Claims Absent Document-by-Document Support Introduction The Renco Group Inc. and its subsidiary The Doe Run Resources Corporation (collectively,...