11th Circuit Case Commentaries

Pleading Comparator Similarity and Decisionmaker Knowledge: Dismissal of Title VII/ADA Discrimination and Retaliation Claims at the Rule 12(b)(6) Stage

Date: Jan 16, 2026

Pleading Comparator Similarity and Decisionmaker Knowledge: Dismissal of Title VII/ADA Discrimination and Retaliation Claims at the Rule 12(b)(6) Stage Case: Valerie Lowery v. Jefferson County Racing...

Arbitration-Based Preclusion in FCRA Cases: New Post-Award Inaccuracies Required; Nonparty CRAs May Invoke Collateral Estoppel

Date: Jan 16, 2026

Arbitration-Based Preclusion in FCRA Cases: New Post-Award Inaccuracies Required; Nonparty CRAs May Invoke Collateral Estoppel Case: Ray'Quan Harding v. TransUnion LLC, Experian Information...

Completed Hobbs Act Robbery Remains a § 924(c) “Crime of Violence” After Taylor (11th Cir.)

Date: Jan 16, 2026

Completed Hobbs Act Robbery Remains a § 924(c) “Crime of Violence” After Taylor (11th Cir.) 1. Introduction In United States v. Jordan Lewis (11th Cir. Jan. 15, 2026) (unpublished), the Eleventh...

Ejectment Requires Plausible Present Title: Historic Georgia Land Grant and Lineage Allegations Are Insufficient Without a Non-Speculative Chain of Title

Date: Jan 16, 2026

Ejectment Requires Plausible Present Title: Historic Georgia Land Grant and Lineage Allegations Are Insufficient Without a Non-Speculative Chain of Title 1. Introduction In Scott Brown v. Travis E....

Patently Meritless § 1983 “State Action” Allegations Do Not Create Federal-Question Jurisdiction; Jurisdictional Dismissals Must Be Without Prejudice

Date: Jan 16, 2026

Patently Meritless § 1983 “State Action” Allegations Do Not Create Federal-Question Jurisdiction; Jurisdictional Dismissals Must Be Without Prejudice Case: Jonathan Harrington v. Calvin Glidewell,...

Strict Local Rule 56.1 Compliance and “Similarly Situated” Comparator Proof in Federal-Sector Title VII/ADEA Suspension Cases

Date: Jan 16, 2026

Strict Local Rule 56.1 Compliance and “Similarly Situated” Comparator Proof in Federal-Sector Title VII/ADEA Suspension Cases Introduction In David Jackson v. Secretary, U.S. Department of...

Rule 32.2(b)(4)(B) Treats Omitted Forfeiture in the Judgment as a Correctable Clerical Error (and Government Appeal Exception Can Unlock Post-Remand Review)

Date: Jan 16, 2026

Rule 32.2(b)(4)(B) Treats Omitted Forfeiture in the Judgment as a Correctable Clerical Error (and Government Appeal Exception Can Unlock Post-Remand Review) Case: United States v. Nidal Hatum (11th...

Mens Rea Challenges to Georgia Aggravated Assault as a Guidelines “Crime of Violence” Are Foreclosed by Hicks

Date: Jan 15, 2026

Mens Rea Challenges to Georgia Aggravated Assault as a Guidelines “Crime of Violence” Are Foreclosed by United States v. Hicks Introduction In United States v. Christian Isaiah Carter (11th Cir. Jan....

Oral Pronouncement Controls Unless “Unambiguous Conflict”: Referencing PSI/Standard Conditions Suffices for Supervised-Release Conditions (11th Cir.)

Date: Jan 15, 2026

Oral Pronouncement Controls Unless “Unambiguous Conflict”: Referencing PSI/Standard Conditions Suffices for Supervised-Release Conditions (11th Cir.) Case: United States v. Derrick Slade (11th Cir....

With-Prejudice Dismissal for Shotgun Pleadings and Rule 12(b)(6) Reliance on Undisputed Bodycam Video Under Incorporation-by-Reference

Date: Jan 14, 2026

With-Prejudice Dismissal for Shotgun Pleadings and Rule 12(b)(6) Reliance on Undisputed Bodycam Video Under Incorporation-by-Reference Introduction In Trekessa Gilliam v. Jari Sanders (11th Cir. Jan....

Plain-Error Limits on Esteras/Tapia Challenges to Post-Revocation Supervised Release

Date: Jan 14, 2026

Plain-Error Limits on Esteras/Tapia Challenges to Post-Revocation Supervised Release I. Introduction In United States v. Melvin Ford (11th Cir. Jan. 13, 2026) (unpublished), the Eleventh Circuit...

MDLEA Jurisdiction Extends to Foreign EEZ Interdictions; “Statelessness” and No-Nexus Theories Rejected; Safety-Valve Disqualification Is Triggered by Any § 3553(f)(1) Prong

Date: Jan 14, 2026

MDLEA Jurisdiction Extends to Foreign EEZ Interdictions; “Statelessness” and No-Nexus Theories Rejected; Safety-Valve Disqualification Is Triggered by Any § 3553(f)(1) Prong I. Introduction In United...

MDLEA Jurisdiction Confirmed in Foreign EEZs: No Nexus Required, “Nationality” Equals “Registry,” and Nominal U.S. Interdiction Role Does Not Bar Prosecution

Date: Jan 14, 2026

MDLEA Jurisdiction Confirmed in Foreign EEZs: No Nexus Required, “Nationality” Equals “Registry,” and Nominal U.S. Interdiction Role Does Not Bar Prosecution Case: United States v. Roberto Peralta...

Upward Variances for § 922(g): Prior Ineffective Sentences and Underrepresented Criminal History as Proper § 3553(a) Grounds

Date: Jan 14, 2026

Upward Variances for § 922(g): Prior Ineffective Sentences and Underrepresented Criminal History as Proper § 3553(a) Grounds Introduction In United States v. Gary Hanford (11th Cir. Jan. 12, 2026)...

No New Trial Required When Charged Drug Quantity Fails: Lesser-Included Conspiracy Judgment and § 1957 Proof May Rest on Cumulative Drug-Proceeds Evidence

Date: Jan 14, 2026

No New Trial Required When Charged Drug Quantity Fails: Lesser-Included Conspiracy Judgment and § 1957 Proof May Rest on Cumulative Drug-Proceeds Evidence Introduction In United States v. Alfonso...

Rule 8018(a)(4) Notice Flexibility and “Consistently Dilatory Conduct” as Grounds to Dismiss a Bankruptcy Appeal

Date: Jan 14, 2026

Rule 8018(a)(4) Notice Flexibility and “Consistently Dilatory Conduct” as Grounds to Dismiss a Bankruptcy Appeal Introduction 2408 W. Kennedy, LLC v. Bank of Central Florida (11th Cir. Jan. 12, 2026)...

Ambiguous References to § 3553(a) at Revocation Do Not Establish Plain Esteras Error Absent Clear Reliance on Retribution

Date: Jan 13, 2026

Ambiguous References to § 3553(a) at Revocation Do Not Establish Plain Esteras Error Absent Clear Reliance on Retribution I. Introduction United States v. Joseph Jones (11th Cir. Jan. 12, 2026)...

Presentence Report Typos Do Not Create Plain-Error Guideline Miscalculations, and Ineffective-Assistance Claims Usually Belong in § 2255 Absent a Developed Record

Date: Jan 13, 2026

Presentence Report Typos Do Not Create Plain-Error Guideline Miscalculations, and Ineffective-Assistance Claims Usually Belong in § 2255 Absent a Developed Record Case: United States v. Juan Antonio...

Miranda Violations After Arrest Are Harmless Where § 922(g) Elements Are Overwhelmingly Proven, and ACCA “Different Occasions” Is Not Defeated by Nonmaterial Date Variances

Date: Jan 13, 2026

Miranda Violations After Arrest Are Harmless Where § 922(g) Elements Are Overwhelmingly Proven, and ACCA “Different Occasions” Is Not Defeated by Nonmaterial Date Variances Case: United States v....

Revocation Requires a Real Rule 32.1 Hearing and an On-the-Record Guidelines Calculation

Date: Jan 13, 2026

Revocation Requires a Real Rule 32.1 Hearing and an On-the-Record Guidelines Calculation I. Introduction United States v. Jonathan Young (11th Cir. Jan. 12, 2026) addresses two procedurally distinct...