Clarifying the Amount‐in‐Controversy Standard: Punitive Damages vs. Attorney’s Fees and FDUTPA Penalties in Jordan v. The Closet Factory Franchise Corporation 1. Introduction Joshua Jordan,...
Strickland’s Double-Deference: Religion-Based Batson Challenges and Standard Jury Instructions in Federal Habeas Review Introduction This commentary examines the Eleventh Circuit’s April 11, 2025 per...
Clarifying Material Misrepresentation Defense in Insurance Contracts: Magna Tyres USA v. Coface Introduction In Magna Tyres USA, LLC v. Coface North America Insurance Company, the Eleventh Circuit...
Affirmation of Specific Personal Jurisdiction Through Fraudulent Misrepresentations Under the Effects Test Introduction Robert Scot Building Venture LLC (“RSBV”) and its affiliate RSBV Pathway LLC,...
Aiding and Abetting Attempted Bank Robbery Resulting in Death as a Crime of Violence Under 18 U.S.C. § 924(c)(3)(A) Introduction This commentary examines Marcellus Henderson v. United States, No....
Clarifying Title IX “Appropriate Person,” Notice, and Deliberate Indifference Standards in Staff-to-Student Harassment Claims Introduction In Rachael DeMarcus et al. v. University of South Alabama et...
Prevention Defense Validated in Land Purchase Agreements: Application of Ga. Code Ann. § 13-4-23 Introduction This Eleventh Circuit decision, American Southern Homes Holdings LLC v. David Erickson...
Protecting Government’s Interest in Unbiased Advisory Boards: Pickering Balancing in Taylor Biro v. City of Tallahassee Introduction Taylor Biro v. City of Tallahassee (11th Cir. Apr. 9, 2025)...
Affirming the Conclusive‐Record Standard for §2255 Ineffective Assistance Claims in Plea Agreements Introduction In Edward J. DiMaria v. United States, No. 22-11470 (11th Cir. Apr. 9, 2025), the...
The Single-Enticement Rule under 18 U.S.C. § 2422(b): Unanimity and Duplicitous Indictments Introduction This commentary examines the Eleventh Circuit’s April 8, 2025 decision in United States v....
Limitation of Title IX’s Implied Right of Action to Students: Employees Must Rely on Title VII Introduction In April 2025, the United States Court of Appeals for the Eleventh Circuit considered two...
Eleventh Circuit Endorses Consideration of Non-Immigration Offenses in §1326 Sentencing Introduction This case arises from an appeal by Jose David Hernandez-Garcia following his conviction for...
First Amendment Protection of Public Begging: Eleventh Circuit’s Ruling in Singleton v. Secretary of ALEA Introduction In Jonathan Singleton v. Secretary of the Alabama Law Enforcement Agency (11th...
Eleventh Circuit Defines Standards for Dismissing Shotgun Pleadings and Tolling State Law Claims Introduction In Cherelle Fletcher v. City of Madison, No. 23-10873 (11th Cir. Apr. 8, 2025), the...
“A Purpose” Is Enough: Eleventh Circuit Reaffirms §2251(a) Specific-Intent Standard and Clarifies §2422(b) Focus on Enticement, Not the Sex Act Introduction In United States v. Terry Johnson (No....
EEZ Counts as “High Seas” and Defendants Bear the Rule 5 Burden: Eleventh Circuit Affirms MDLEA Convictions and Rejects Sub‑One‑Year Speedy‑Trial Claims Introduction In United States v. Angel Gabriel...
Eleventh Circuit Holds HOA Rule Enforcement and Amenity Access Are “Terms, Conditions, or Privileges” Under FHA §3604(b): Post‑Acquisition Discrimination Claims Against Homeowners’ Associations...
Plain Error to Treat the Same Conduct as Both “Relevant Conduct” for § 2K2.1(b)(6)(B) and a “Prior Sentence” Under § 4A1.2: United States v. Zamora‑Estrada Court: United States Court of Appeals for...
Procedural Safeguards in Special-Report Summary Judgment and the Subjective Recklessness Standard for Deliberate Indifference 1. Introduction John Kister, an Alabama inmate housed at Staton and...
Missouri Law After Alabama Aircraft v. Boeing: Limitation-of-Liability Clauses Reach Trade Secret Torts, But Unjust Enrichment Survives Absent Express Waiver Introduction In a published decision with...