11th Circuit Case Commentaries

Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing

Date: Apr 22, 2025

Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing Introduction United States v. Brandon Sanders (11th Cir. April 21, 2025) addresses the scope of a district...

Clarifying Redundancy and Accommodation under the ADA: Butler v. Econ-O-Check

Date: Apr 19, 2025

Clarifying Redundancy and Accommodation under the ADA: Butler v. Econ-O-Check Corporation Introduction In Butler v. Econ-O-Check Corporation, the Eleventh Circuit addressed whether an employer’s...

Active Application Requirement for Standing to Challenge Bar Admission Rules

Date: Apr 19, 2025

Active Application Requirement for Standing to Challenge Bar Admission Rules Introduction In Joan P. Davis v. The Office of Bar Admissions, the Eleventh Circuit Court of Appeals addressed whether a...

Clarifying the Burden of Proof and Internal Relocation in Asylum Claims Involving Private Actors

Date: Apr 19, 2025

Clarifying the Burden of Proof and Internal Relocation in Asylum Claims Involving Private Actors Introduction This commentary examines the Eleventh Circuit’s decision in Daniel Macedo de Sousa et al....

Defining “Clear Liability”: Insurer’s Duty to Initiate Settlement Negotiations in Negligent Security Claims

Date: Apr 19, 2025

Defining “Clear Liability”: Insurer’s Duty to Initiate Settlement Negotiations in Negligent Security Claims Introduction Case Name: Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc....

Doctrine of Immediacy in Use of Deadly Force: Verbal Warnings Not Required Under Imminent Threat Circumstances – Pipkins v. City of Hoover

Date: Apr 18, 2025

Doctrine of Immediacy in Use of Deadly Force: Verbal Warnings Not Required Under Imminent Threat Circumstances Introduction In April Pipkins v. City of Hoover, Alabama, the Eleventh Circuit addressed...

Legitimacy and Boundaries of Supervised Release Conditions Restricting Proximity to Minors

Date: Apr 18, 2025

Legitimacy and Boundaries of Supervised Release Conditions Restricting Proximity to Minors Introduction The Eleventh Circuit’s decision in United States v. Jeffrey Leonard Pybus, No. 24-10979 (11th...

Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories

Date: Apr 18, 2025

Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories Introduction Donald and Jillian Lyons sued Saeilo, Inc., d.b.a. Kahr Arms, in the Northern District...

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause

Date: Apr 18, 2025

Qualified Immunity in Crowd-Intervention Arrests: Applying Objective Reasonableness and Arguable Probable Cause 1. Introduction Byonca Logan v. City of Mobile arises from an incident on November 27,...

Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations

Date: Apr 17, 2025

Establishing the Dual-Purpose Stop Doctrine: Permissible Prolongation for Concurrent Traffic and Drug Investigations Introduction United States v. Phillip Martin, decided April 16, 2025 by the...

Clarifying Rule 9(b) in FCA Actions: Specificity Requirements for Pleading False Claims

Date: Apr 17, 2025

Clarifying Rule 9(b) in FCA Actions: Specificity Requirements for Pleading False Claims Introduction Jaime Vargas and Francis R. Alvarez (“relators”) brought a qui tam action under the False Claims...

Reinforcement of Fourth Amendment Standing and the Scope of the Automobile and Inevitable Discovery Exceptions

Date: Apr 17, 2025

Reinforcement of Fourth Amendment Standing and the Scope of the Automobile and Inevitable Discovery Exceptions Introduction United States v. Grayson Zachary Eagan is an appeal decided by the United...

Supportability and Consistency Reaffirmed: Eleventh Circuit’s Guidance on ALJ Evaluation of Medical Opinions in Social Security Disability Appeals

Date: Apr 17, 2025

Supportability and Consistency Reaffirmed: Eleventh Circuit’s Guidance on ALJ Evaluation of Medical Opinions in Social Security Disability Appeals Introduction Joseph Davis v. Commissioner of Social...

Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals

Date: Apr 16, 2025

Mandatory Consideration of Plaintiff Delay and Tailored Scope in Preliminary Injunctions: New Rule from Adams v. Bordeau Metals Introduction William Franklin Adams and 49 co-plaintiffs (the “Trail...

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle

Date: Apr 16, 2025

Establishing “Connection” and “Recklessness” in Firearm Sentencing Enhancements: United States v. Pringle Introduction United States v. Robert Lee Pringle (11th Cir. Apr. 15, 2025) addresses two...

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications

Date: Apr 16, 2025

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications Introduction In Robert Earl Howard et al. v. Melinda N. Coonrod et al., the United States Court of...

Defining Protected Disclosures under 5 U.S.C. § 2302(b)(8): Excluding Policy Disagreements and Performance Disputes

Date: Apr 15, 2025

Defining Protected Disclosures under 5 U.S.C. § 2302(b)(8): Excluding Policy Disagreements and Performance Disputes Introduction Daniel Lockhart v. Department of Defense, No. 24-11177 (11th Cir. Apr....

Extended Liability under Helms-Burton Act for Trafficking in Confiscated Cuban Property: Shareholder Claims and Broad Interpretation of “Use” and “Benefit”

Date: Apr 15, 2025

Extended Liability under Helms-Burton Act for Trafficking in Confiscated Cuban Property: Shareholder Claims and Broad Interpretation of “Use” and “Benefit” Introduction Odette Blanco de Fernandez and...

Rational Basis Upheld for SSA Ruling 11-1p’s Protective Filing Date Under Fifth Amendment

Date: Apr 15, 2025

Rational Basis Upheld for SSA Ruling 11-1p’s Protective Filing Date Under Fifth Amendment Introduction In Rita Arguijo Garcia v. Commissioner of Social Security, the Eleventh Circuit addressed...

Plain-Error Correction of Dismissal Without Prejudice When Timely Service Is Established and Statute of Limitations Bars Refiling

Date: Apr 15, 2025

Plain-Error Correction of Dismissal Without Prejudice When Timely Service Is Established and Statute of Limitations Bars Refiling Introduction This case arises from an employment‐discrimination suit...