11th Circuit Case Commentaries

Material Breach, Cure, and Contractual Forfeiture in LIHTC Partnerships: Commentary on Creative Choice Homes XXX/XXXI v. AMTAX & MG Affordable

Date: Dec 17, 2025

Material Breach, Cure, and Contractual Forfeiture in LIHTC Partnerships: Commentary on Creative Choice Homes XXX/XXXI, LLC v. AMTAX Holdings 690, LLC & MG Affordable Master, LLC I. Introduction This...

Reaffirming the Professional Judgment and Retaliation Standards for Civilly Committed Detainees: Commentary on Hall v. Valere

Date: Dec 17, 2025

Reaffirming the Professional Judgment and Retaliation Standards for Civilly Committed Detainees: Commentary on Hall v. Valere I. Introduction This commentary examines the Eleventh Circuit’s...

Bailey v. Fulton County School District: Eleventh Circuit Reaffirms Burlington Retaliation Standard Post‑Muldrow and Limits Mixed‑Motive Title VII Claims

Date: Dec 17, 2025

Bailey v. Fulton County School District: Eleventh Circuit Reaffirms Burlington Retaliation Standard Post‑Muldrow and Limits Mixed‑Motive Title VII Claims I. Introduction This commentary analyzes the...

Unobjected PSR Facts, Hostage Inferences, and Upward Variances: A Commentary on United States v. Renaldo Smith (11th Cir.)

Date: Dec 17, 2025

Unobjected PSR Facts, Hostage Inferences, and Upward Variances: A Commentary on United States v. Renaldo Smith (11th Cir.) I. Introduction The Eleventh Circuit’s unpublished per curiam decision in...

Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections

Date: Dec 16, 2025

Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections I. Introduction This commentary analyzes the Eleventh...

Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes

Date: Dec 16, 2025

Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes I. Introduction In Alabama State Conference of the NAACP v. Attorney...

Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief

Date: Dec 16, 2025

Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief Note: This commentary is for educational and...

Issue Preservation and Medical-Opinion Evaluation in Social Security Disability Appeals: Commentary on Joshua Childress v. Commissioner of Social Security (11th Cir. 2025)

Date: Dec 16, 2025

Issue Preservation and Medical-Opinion Evaluation in Social Security Disability Appeals: Commentary on Joshua Childress v. Social Security Administration, Commissioner (11th Cir., Dec. 15, 2025) I....

United States v. Khedkar: Deferential Appellate Review and Guideline Enhancements in Undercover Child-Enticement Cases

Date: Dec 16, 2025

United States v. Khedkar: Deferential Appellate Review and Guideline Enhancements in Undercover Child-Enticement Cases I. Introduction United States v. Amol Chandrashekhar Khedkar (11th Cir. No....

Internal Personnel Disputes, Public Concern, and Constructive Discharge: Commentary on Friedman v. Town of Pembroke Park

Date: Dec 16, 2025

Internal Personnel Disputes, Public Concern, and Constructive Discharge: A Commentary on Friedman v. Town of Pembroke Park (11th Cir. 2025) I. Introduction This commentary examines the Eleventh...

Ambiguous Health-Related Remarks and Remote-Work Friction Are Not Enough: The Eleventh Circuit’s High Bar for Proving Disability Discrimination in Probationary Employment (Emily Laughlin v. Miami‑Dade County)

Date: Dec 16, 2025

Ambiguous Health-Related Remarks and Remote-Work Friction Are Not Enough: The Eleventh Circuit’s High Bar for Proving Disability Discrimination in Probationary Employment I. Introduction The Eleventh...

Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections

Date: Dec 15, 2025

Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections I. Introduction The Eleventh...

Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades

Date: Dec 13, 2025

Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades I. Introduction The Eleventh Circuit’s published decision in United States...

Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison

Date: Dec 13, 2025

Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished...

Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega

Date: Dec 13, 2025

Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega I. Introduction The Eleventh Circuit’s unpublished per curiam...

United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets

Date: Dec 13, 2025

United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets I. Introduction The Eleventh...

Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand

Date: Dec 13, 2025

Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand I. Introduction The unpublished Eleventh Circuit decision in United...

Enforcing Broad Bankruptcy Settlement Releases and Carve‑Outs: Commentary on Shirley White‑Lett v. The Bank of New York Mellon (11th Cir.)

Date: Dec 12, 2025

Enforcing Broad Bankruptcy Settlement Releases and Carve‑Outs: Commentary on Shirley White‑Lett v. The Bank of New York Mellon I. Introduction This Eleventh Circuit decision arises at the...

From Ignition to Immunity: The Eleventh Circuit Holds That Starting a Parked Vehicle Can Justify Deadly Force and Florida Self‑Defense Immunity

Date: Dec 11, 2025

From Ignition to Immunity: The Eleventh Circuit Holds That Starting a Parked Vehicle Can Justify Deadly Force and Florida Self‑Defense Immunity I. Introduction The Eleventh Circuit’s published...

Reaffirming Broad Sentencing Discretion to Rely on Unadjudicated Conduct: Commentary on United States v. Lugo Ruiz

Date: Dec 11, 2025

Reaffirming Broad Sentencing Discretion to Rely on Unadjudicated Conduct: Commentary on United States v. Jhan Carlos Lugo Ruiz I. Introduction This commentary analyzes the Eleventh Circuit’s...