11th Circuit Case Commentaries

Law-of-the-Case, Waiver, and Post‑Judgment Supplementation in Repeated Ballot‑Access Challenges: Commentary on Cowen v. Secretary of State of Georgia (Eleventh Circuit, 2025)

Date: Nov 20, 2025

Law-of-the-Case, Waiver, and Post‑Judgment Supplementation in Repeated Ballot‑Access Challenges Commentary on Martin Cowen v. Secretary of State of the State of Georgia, No. 24‑13164 (11th Cir. Nov....

Bank Fraud and PPP Loans: When Government-Backed Funds Are Still “Bank Property” — Commentary on United States v. Couch (11th Cir. 2025)

Date: Nov 20, 2025

Bank Fraud and PPP Loans: When Government-Backed Funds Are Still “Bank Property” — Commentary on United States v. Zsa Zsa Bouvier Couch (11th Cir. 2025) I. Introduction This commentary analyzes the...

Political Epithets as Protected Opinion: The Eleventh Circuit’s Treatment of “The Big Lie” in Trump v. CNN

Date: Nov 20, 2025

Political Epithets as Protected Opinion: The Eleventh Circuit’s Treatment of “The Big Lie” in Trump v. Cable News Network, Inc. I. Introduction This commentary analyzes the Eleventh Circuit’s...

Minton v. SSA and the Materiality of New Evidence Before the Appeals Council

Date: Nov 20, 2025

Minton v. Commissioner of Social Security: Materiality, Chenery, and the Appeals Council’s Treatment of New Evidence I. Introduction This commentary examines the Eleventh Circuit’s unpublished, per...

Pretext, Replacement Hiring, and FCA Retaliation: Commentary on Ramnarine Boodoo v. Alabama Psychiatry LLC

Date: Nov 20, 2025

Pretext, Replacement Hiring, and FCA Retaliation: Commentary on Ramnarine Boodoo v. Alabama Psychiatry LLC I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished per curiam...

Natural Lands, LLC v. City of Boca Raton: Florida Certiorari as an “Adequate State Remedy” Bars Federal Procedural Due Process Claims in Biased Land‑Use Hearings

Date: Nov 20, 2025

Natural Lands, LLC v. City of Boca Raton: Florida Certiorari as an “Adequate State Remedy” Bars Federal Procedural Due Process Claims in Biased Land‑Use Hearings I. Introduction The Eleventh...

Interlocutory Appeals, Arbitration, and Transportation-Worker CBAs: The Eleventh Circuit’s Jurisdictional Limits in APM Terminals Mobile, LLC v. ILA Local 1410

Date: Nov 20, 2025

Interlocutory Appeals, Arbitration, and Transportation-Worker CBAs: The Eleventh Circuit’s Jurisdictional Limits in APM Terminals Mobile, LLC v. ILA Local 1410 I. Introduction The Eleventh Circuit’s...

Parent Ownership and the "Stranger" Doctrine: The Eleventh Circuit’s Strict Application of Florida Tortious Interference Law in Al Rushaid v. Siemens Energy

Date: Nov 20, 2025

Parent Ownership and the "Stranger" Doctrine: The Eleventh Circuit’s Strict Application of Florida Tortious Interference Law in Al Rushaid Petroleum Investment Co. v. Siemens Energy Inc. 1....

Conditional Partial Voluntary Dismissals and Context Evidence in Prison Excessive‑Force Trials: Commentary on Jackson v. Catanzariti

Date: Nov 20, 2025

Conditional Partial Voluntary Dismissals and Context Evidence in Prison Excessive‑Force Trials: Commentary on Jackson v. Catanzariti I. Introduction This published Eleventh Circuit decision, Miguel...

Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)

Date: Nov 18, 2025

Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)...

Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials

Date: Nov 18, 2025

Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials Case: Lauren Woods v. Progressive American Insurance Company Court:...

No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation

Date: Nov 18, 2025

No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation Introduction This published decision...

No Standing to Attack Permit and Discretionary Sign Rules When Denial Rests on an Unchallenged Billboard Ban — Commentary on New South Media Group, LLC v. Rainbow City, Alabama (11th Cir. Nov. 14, 2025)

Date: Nov 16, 2025

No Standing to Attack Permit and Discretionary Sign Rules When Denial Rests on an Unchallenged Billboard Ban Commentary on New South Media Group, LLC v. City of Rainbow City, Alabama, No. 24-10895...

Automobiles as Per Se Instrumentalities of Interstate Commerce and “Provided or Administered” Roads Under § 245: The Eleventh Circuit’s Decision in United States v. William Bryan

Date: Nov 16, 2025

Automobiles as Per Se Instrumentalities of Interstate Commerce and “Provided or Administered” Roads Under § 245: The Eleventh Circuit’s Decision in United States v. William Bryan Court: United States...

Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025)

Date: Nov 16, 2025

Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025) Introduction In an unpublished, per curiam...

Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras

Date: Nov 16, 2025

Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras Introduction In United States v. Edward...

No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld — United States v. Michael Joe Green, II (11th Cir. 2025)

Date: Nov 16, 2025

No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld United States v....

Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power (United States v. Sharon Barnes Sutton)

Date: Nov 16, 2025

Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power Introduction In United States v. Sharon Barnes Sutton, No. 23-10669 (11th...

TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus

Date: Nov 15, 2025

TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus Introduction This published decision from the U.S. Court...

Counsel Need Not “Shop” for Experts: Eleventh Circuit Upholds Phone-Based Expert Vetting and Cross-Examination Strategy Under AEDPA’s Double Deference

Date: Nov 11, 2025

Counsel Need Not “Shop” for Experts: Eleventh Circuit Upholds Phone-Based Expert Vetting and Cross-Examination Strategy Under AEDPA’s Double Deference Introduction In Clark Mackendrick v. Secretary,...