11th Circuit Case Commentaries

No FMLA Interference Without Prejudice; 'But-For' Causation for FMLA Retaliation; Remote Prior Affiliation Insufficient for Recusal

Date: Apr 1, 2025

No FMLA Interference Without Prejudice; 'But-For' Causation for FMLA Retaliation; Remote Prior Affiliation Insufficient for Recusal Introduction In Iris N. Wilson v. CSX Transportation, Inc., the...

Post-Wilkinson Limits in the Eleventh Circuit: Credibility Findings in Cancellation Cases Are Unreviewable and No Due Process Right Attaches to Discretionary Relief

Date: Apr 1, 2025

Post-Wilkinson Limits in the Eleventh Circuit: Credibility Findings in Cancellation Cases Are Unreviewable and No Due Process Right Attaches to Discretionary Relief Introduction In Hernandez-Rivera...

Revocation Does Not Extinguish Jurisdiction: Eleventh Circuit Authorizes Abeyance and Sequential Adjudication of Supervised Release Violations

Date: Mar 29, 2025

Revocation Does Not Extinguish Jurisdiction: Eleventh Circuit Authorizes Abeyance and Sequential Adjudication of Supervised Release Violations Case: United States v. Kh’Lajuwon Amari Murat, No....

Excluding Later Corporate-Filing Evidence Is Harmless Where the Duty to Report Personal Income Is Clear and the Good‑Faith Defense Was Otherwise Presented — United States v. Adix (11th Cir. 2025)

Date: Mar 28, 2025

Excluding Later Corporate-Filing Evidence Is Harmless Where the Duty to Report Personal Income Is Clear and the Good‑Faith Defense Was Otherwise Presented Case: United States v. Michael Adix, No....

Eleventh Circuit Clarifies Discretionary Standards for Compassionate Release Denials under 18 U.S.C. § 3582(c)(1)(A)

Date: Mar 28, 2025

Eleventh Circuit Clarifies Discretionary Standards for Compassionate Release Denials under 18 U.S.C. § 3582(c)(1)(A) Introduction The case of United States v. William Kinsey, III presents a...

Eligibility Is Not Entitlement: Eleventh Circuit Affirms Broad District Court Discretion to Deny Amendment 821 Reductions and to Decline Re‑Applying Substantial‑Assistance Departures

Date: Mar 28, 2025

Eligibility Is Not Entitlement: Eleventh Circuit Affirms Broad District Court Discretion to Deny Amendment 821 Reductions and to Decline Re‑Applying Substantial‑Assistance Departures Introduction In...

United States v. Blanc: Auto-Download Defense Rejected Where Knowledge Is Shown; 404(b) Prior Enticement Evidence Admissible; No Plain Error in Treating Each Video as 75 Images

Date: Mar 28, 2025

United States v. Blanc: Auto-Download Defense Rejected Where Knowledge Is Shown; 404(b) Prior Enticement Evidence Admissible; No Plain Error in Treating Each Video as 75 Images Introduction In this...

Prospective Relief Requires a Credible Future Threat; Sovereign Immunity Bars Official‑Capacity Nominal‑Damages Claims Challenging Florida’s No‑Pro‑Se Rule for Death‑Row Inmates

Date: Mar 27, 2025

Prospective Relief Requires a Credible Future Threat; Sovereign Immunity Bars Official‑Capacity Nominal‑Damages Claims Challenging Florida’s No‑Pro‑Se Rule for Death‑Row Inmates Introduction This...

Fraudulent Joinder Permits Ignoring Unknown Citizenship of a Nontraditional Trust; Res Judicata Bars Repeat Foreclosure Challenges

Date: Mar 27, 2025

Fraudulent Joinder Permits Ignoring Unknown Citizenship of a Nontraditional Trust; Res Judicata Bars Repeat Foreclosure Challenges Introduction In Peter Otoh v. Federal National Mortgage Association...

Rational Public‑Safety Justifications Defeat Substantive Due Process Challenges to Roadway Encroachments: Eleventh Circuit Affirms in Neely v. Elmore County

Date: Mar 27, 2025

Rational Public‑Safety Justifications Defeat Substantive Due Process Challenges to Roadway Encroachments: Eleventh Circuit Affirms in Neely v. Elmore County Introduction In an unpublished,...

No Clearly Established Right to Record Police or Sing in a Post Office Parking Lot (a Nonpublic Forum): Eleventh Circuit Affirms Qualified Immunity and Rejects Monell/Due Process Claims

Date: Mar 26, 2025

No Clearly Established Right to Record Police or Sing in a Post Office Parking Lot (a Nonpublic Forum): Eleventh Circuit Affirms Qualified Immunity and Rejects Monell/Due Process Claims Note: This is...

Assume Error, Deny on Brecht: Eleventh Circuit Clarifies Harmless-Error Sequence in § 2254 Appeals

Date: Mar 26, 2025

Assume Error, Deny on Brecht: Eleventh Circuit Clarifies Harmless-Error Sequence in § 2254 Appeals Introduction In Reginald Bertram Johnson v. Secretary, Florida Department of Corrections, the...

Everglades Restoration Savings Clause Baseline Decision

Date: Mar 26, 2025

Everglades Restoration Savings Clause Baseline Decision Introduction United States Sugar Corporation, Okeelanta Corporation, and Sugar Cane Growers Cooperative of Florida (“Plaintiffs”) appealed the...

Withholding Safety‑Valve Leniency Is Not an Adverse Inference: Eleventh Circuit Affirms Upward Variance Based on Scope and Multi‑Drug Conduct

Date: Mar 26, 2025

Withholding Safety‑Valve Leniency Is Not an Adverse Inference: Eleventh Circuit Affirms Upward Variance Based on Scope and Multi‑Drug Conduct Introduction In United States v. Michael Anthony Sheppard...

Amendment 822 Forecloses Dupree-Based Career-Offender Relief in Compassionate Release; “Other Reasons” Must Match Enumerated Gravity

Date: Mar 25, 2025

Amendment 822 Forecloses Dupree-Based Career-Offender Relief in Compassionate Release; “Other Reasons” Must Match Enumerated Gravity Introduction In United States v. Travis Lamont Smith, No. 24-11460...

Owner’s Valuation Sufficient for Diminution-of-Value Damages Under Magnuson-Moss Warranty Act – Horowitz v. Allied Marine

Date: Mar 25, 2025

Owner’s Valuation Sufficient for Diminution-of-Value Damages Under Magnuson-Moss Warranty Act Introduction In Kenneth A. Horowitz v. Allied Marine, Inc. (11th Cir. 2025), the Eleventh Circuit...

"Stale" Convictions, "Fresh" Conduct: Eleventh Circuit Affirms Upward Variance Based on Underrepresented Criminal History Without §4A1.3 Findings

Date: Mar 25, 2025

"Stale" Convictions, "Fresh" Conduct: Eleventh Circuit Affirms Upward Variance Based on Underrepresented Criminal History Without §4A1.3 Findings Introduction This unpublished, per curiam decision...

No Double Counting After §2K2.1 Cross-Reference; Broad Discretion for Consecutive Federal Sentences to Undischarged State Terms

Date: Mar 25, 2025

No Double Counting After §2K2.1 Cross-Reference; Broad Discretion for Consecutive Federal Sentences to Undischarged State Terms Case: United States v. Matthew Cory Tucker Court: U.S. Court of Appeals...

Clarifying the ADA's Disability and Retaliation Standards in the Wake of COVID-19 Policies: Lessons from Ealaila Conard v. Chanel, Inc.

Date: Mar 24, 2025

Clarifying the ADA's Disability and Retaliation Standards in the Wake of COVID-19 Policies: Lessons from Ealaila Conard v. Chanel, Inc. Introduction The case of Ealaila Conard v. Chanel, Inc....

Final Policymaker as a Prerequisite for Municipal Liability Under §1983: Eleventh Circuit Clarifies the Standard

Date: Mar 24, 2025

Final Policymaker as a Prerequisite for Municipal Liability Under §1983: Eleventh Circuit Clarifies the Standard Introduction In the case of Phoenix Ridge GA TC, LP v. City of Atlanta, Georgia, the...