11th Circuit Case Commentaries

Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Date: Oct 18, 2025

Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...

Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Date: Oct 18, 2025

Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification Case: Joel...

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Date: Oct 18, 2025

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims Case: Terry Dukes, Sr. v. Chase Gregory Court:...

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...

Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act

Date: Oct 17, 2025

Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act Case: Bill V. Ypsilantis v. Secretary, U.S. Department of the...

Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire

Date: Oct 17, 2025

Substantial Similarity Requires Protectable Expression: Eleventh Circuit Affirms Dismissal Where Shared Afterlife Imagery Is Scènes à Faire Introduction In George Lee Clark v. Dr. Eben Alexander,...

ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA

Date: Oct 17, 2025

ALJs May Determine the Identity of a Treating Physician When the OWCP District Director Authorizes a Change: Eleventh Circuit Clarifies Physician-Choice and Reimbursement Rules Under the LHWCA...

Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis

Date: Oct 17, 2025

Esteras in Action: Express Reliance on § 3553(a)(2)(A) at Revocation Is Plain Error; Home Confinement Treated as an Alternative to Incarceration for Substantial-Rights Analysis Introduction United...

Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported

Date: Oct 17, 2025

Eleventh Circuit Predicts Florida Will Apply the Notice-Prejudice Rule to Prompt-Notice Breaches in Claims-Made Policies When Claims Are Timely Reported Introduction In L. Squared Industries, Inc. v....

Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits (Bolton v. Inland Fresh)

Date: Oct 17, 2025

Mandatory Pre‑Suit Exhaustion for ERISA Fiduciary‑Breach Claims Reaffirmed; Narrow Exceptions and No Stay for Premature Suits Case: Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc....

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Date: Oct 16, 2025

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference...

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Date: Oct 16, 2025

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) United States v. Keenan Devron Hunter (11th Cir....

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Date: Oct 16, 2025

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras Introduction In United States v. Keenan Devron Hunter, Nos....

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Date: Oct 16, 2025

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts...

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests

Date: Oct 16, 2025

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests Introduction In Olivia Coley-Pearson v. Emily Misty...

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects

Date: Oct 16, 2025

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects Introduction This commentary analyzes the Eleventh...

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)

Date: Oct 16, 2025

Conflicts Are Not Misappropriation: Eleventh Circuit Limits “Relate-To” Exclusions and Cabins Deemer Clauses to First‑Made Timing, Holding Duty to Defend Exists and Indemnity Is Unripe (Georgia Law)...

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell

Date: Oct 16, 2025

No Claim-Splitting Without Jurisdiction; One Nondiverse LLC Member Defeats Diversity — Eleventh Circuit’s Guidance in Sound Around, Inc. v. O’Donnell Introduction In these consolidated, unpublished,...

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand

Date: Oct 16, 2025

Claim-Splitting Cannot Bar a Second Suit When the First Lacked Jurisdiction; One Non‑Diverse LLC Member Ends Diversity on Limited Remand Introduction In a per curiam, unpublished opinion dated...

No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025)

Date: Oct 16, 2025

No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025) Introduction In a published, per curiam decision, the...