11th Circuit Case Commentaries

Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation

Date: May 24, 2025

Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation Introduction The Eleventh Circuit’s May 23, 2025 decision in John P. Middleton v. The...

Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims

Date: May 24, 2025

Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims Introduction This commentary examines the Eleventh Circuitʼs per curiam opinion in...

Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide

Date: May 24, 2025

Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide Introduction In Tieqiao (Tim) Zhang v. Emory University, No....

FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence

Date: May 24, 2025

FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence Introduction In Sydney Marie Keefe v. Britt’s Bow Wow Boutique, Inc., the United States Court of Appeals for...

Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions

Date: May 23, 2025

Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Jimmy Dale...

Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC

Date: May 23, 2025

Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC Introduction This commentary examines the Eleventh Circuit’s decision in Royce W. Cook v. Secretary, Florida Department of...

Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General

Date: May 23, 2025

Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General Introduction Jose M. Ruvira Guerra, a Cuban national and lawful permanent resident of the United...

When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals

Date: May 23, 2025

When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals Introduction In Ronald Earl Scherer v. JP Morgan Chase & Co., No. 24-11874 (11th Cir. May 22,...

Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Date: May 23, 2025

Rational Basis Validation of Violent Career Criminal Enhancements Introduction Cody Edward Davis v. Secretary, Florida Department of Corrections (11th Cir., May 22, 2025) presents a challenge to...

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Date: May 23, 2025

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles Introduction United States v. Kevin Jean-Gilles is a 2025 Eleventh Circuit decision upholding a 235-month...

Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications

Date: May 23, 2025

Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications Introduction The decision in United States v. Derrick Ford, No. 24-11412...

Erlinger‐Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement

Date: May 22, 2025

Erlinger-Wooden Clarification: Unanimous Jury Finding Required for ACCA “Occasions Different” Enhancement Introduction United States v. Sergio Antonio Hood (11th Cir. 2025) arises from Hood’s appeal...

Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta

Date: May 22, 2025

Pleading and Joinder Limitations in Pro Se §1983 Municipal Litigation: Whitehead v. City of Atlanta Introduction This commentary examines the Eleventh Circuit’s per curiam decision in Jamal Shaeed...

Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment

Date: May 22, 2025

Defining the Scope of Professional Judgment in Civil Detainee Deliberate Indifference Claims under the Fourteenth Amendment Introduction This commentary examines the Eleventh Circuit’s decision in...

Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris

Date: May 22, 2025

Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris Introduction In Thomas M. Utterback v. Craig B. Morris (11th Cir. 2025), the Eleventh Circuit...

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Date: May 22, 2025

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status Introduction This case commentary examines the Eleventh Circuit’s decision in United States v. John Doe (No....

AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

Date: May 22, 2025

AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4 Introduction In the consolidated cases of Merritt Island Woodwerx, LLC and True Touch Services, LLC v....

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Date: May 22, 2025

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Ivan Emilio...

Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Date: May 21, 2025

Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders Introduction This commentary examines the Eleventh Circuit’s decision in Sonny Austin Ramdeo v. United States, Nos. 23-11699...

Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Date: May 21, 2025

Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims Introduction The Eleventh Circuit’s decision in Tiana Hill v. Clayton County,...