Distinct Medical-Theory Amendments Do Not Relate Back Under Florida Law in § 1983 Actions (and Unchallenged Dismissal Grounds Are Fatal on Appeal) 1. Introduction Margherita Cunningham v. Centurion...
Eleventh Circuit: No Jurisdiction to Review Denial of a Criminal Alien’s Motion to Reopen Absent a Colorable Question of Law or Constitutional Claim 1. Introduction In Miguel Fernandez v. U.S....
Eleventh Circuit Reaffirms: (1) Circumstantial Evidence Can Prove Interstate “Transportation” of Child Pornography Through Family Moves; (2) Acquitted-Conduct Sentencing Remains Constitutional...
Eleventh Circuit: In § 3582(c)(2) Amendment 821 Proceedings, District Courts May Deny Relief Based on § 3553(a) and Consider Evasive/Jettisoning Conduct Without a § 3C1.1 Enhancement Case: United...
Materiality Limits on Late-Disclosed Interview Memos, Tailored Post‑Trial Discovery, and Conservative Sampling-Based Loss in Tax-Refund Check‑Cashing Fraud 1. Introduction United States v. Thomas...
Backend Check-Processing as Wire-Fraud/Identity-Theft Participation; Narrow Brady/Giglio Materiality; Sampling-Based Loss Upheld with Conservative Discount (11th Cir.) Case: United States v. Thomas...
Permissive Deliberate-Ignorance Language That Mismentions “Intent” Does Not Create an Unconstitutional Presumption When the Charge as a Whole Preserves the State’s Burden Case: Victor Grullon v....
Safety-Valve Eligibility Requires Independent Judicial Factfinding (Not a Jury Verdict), but Deference Error May Be Harmless Case: United States v. Roxanna Flores-Alvarado (11th Cir. Sept. 8, 2026)...
Fee-Log “Perjury” and Contract-Interpretation Deference: Narrowing FAA Vacatur Under §§ 10(a)(1) and 10(a)(4) Case: Kashyap Bakhai v. BDO USA, P.C. (11th Cir. Sept. 8, 2026) (not for publication)...
Res Judicata Bars Later Federal RICO and Related Claims After Alabama Construction-Fraud Trial; Rule 15(d) Supplement Remains Discretionary and Must Be Sufficiently Related Case: Darin Whitchurch v....
Pleading Particularized Falsehoods and “But-For” Probable Cause in Eleventh Circuit § 1983 Malicious-Prosecution Claims at PLRA Screening Introduction Supreme Born v. Randall Woodfin (11th Cir. Sept....
Preserving “Retribution” Error in Supervised-Release Revocations Requires a Specific § 3553(a)(2)(A) Objection Case: United States v. Antonio Miguel Carrow (11th Cir. Sept. 8, 2026) (per curiam, not...
United States v. Owen: “Interviewed Everyone” Testimony Is Not a Doyle Comment on Silence; Broad Proof Suffices for Murder-for-Hire and Aiding-and-Abetting a § 924(h) Firearm Transfer 1. Introduction...
Title IX Residency Claims Use Title VII Framework; Patient-Safety Academic Judgments Defeat Discrimination/Retaliation and ACGME Complaints Don’t Trigger GWA Absent Supervisor/Government Disclosure...
Universal APA Vacatur Elsewhere Moots Parallel Challenges to an Agency Rule Case: State of Florida v. Department of Health and Human Services (11th Cir. Sept. 4, 2026) (per curiam) (not for...
Rooker-Feldman Bars Federal Attacks on State Fee Judgments but Not Independent Tort Claims Based on Underlying Conduct I. Introduction In William Covert v. Arielle Hacking (11th Cir. Sept. 4, 2026)...
Qualified Immunity During Active Resistance: General “Disproportionate Force” Principles Do Not Clearly Establish Excessive-Force Limits 1. Introduction Case: Rafael Cendan v. Officer Jose Trujillo...
Eleventh Circuit: Pro Se Litigants Must Receive Court-Directed Notice and One Meaningful Chance to Replead Before With-Prejudice Dismissal; Rule 58 Separate-Judgment Requirement Controls Appeal...
Plain-Error Limits on Plea-Agreement Breach Claims and Guilty-Plea Waiver of Geofence Suppression Issues Case: United States v. Scott Carpenter, Jr. (11th Cir. Sept. 4, 2026) (per curiam) (not for...
Qualified Immunity Applies Absent Clearly Established Eighth Amendment Protection from a Non-Prison Co-Worker’s Recklessness I. Introduction Case: Joshua M. Hubbert v. Kenny Brinley (11th Cir. Sept....