Discretionary Authority in Jail Medical Emergencies: Establishing a Nuanced Qualified Immunity Framework Introduction This commentary examines the Eleventh Circuit’s recent decision in Barbara...
Ensuring Clarity: Enhanced Standards for Citizenship Allegation in Diversity Jurisdiction Cases Introduction The case of CHARMAINE SAUNDERS, Plaintiff-Appellant, v. NEIGHBORHOOD RESTAURANT PARTNERS,...
Finality in Habeas Petitions: Jurisdictional Bars and the Limits of Equitable Tolling Introduction The case of Edward Thomas James v. Secretary, Department of Corrections, Attorney General, State of...
Immunity Reaffirmed: Clarifying the Boundaries of Prosecutorial and Official Immunity in Public Employment Introduction In the recent decision of the United States Court of Appeals for the Eleventh...
Refining the Right to Self-Representation at Sentencing: Faretta’s Enduring Legacy Introduction The case of UNITED STATES OF AMERICA v. ROSHAWN JERMAINE DAVIS (a.k.a. Roshawn Jemaine Davis) addresses...
Affirmance of Substantively Reasonable Sentences Within the Guidelines “Ballpark” under §3553(a) for §922(g) Offenses Introduction In United States v. Tarrence Lee Wright, the Eleventh Circuit...
Affirmation of §922(g) Commerce Clause Jurisprudence and Due Process Standards for Supervised Release Pronouncements Introduction In United States v. Curtis Tyrone Johnson, the Eleventh Circuit...
Speech Requirement in §1983 First Amendment Retaliation Claims: Clarifying the Burden to Overcome Qualified Immunity Introduction This commentary examines the Eleventh Circuit’s per curiam decision...
Limits of Appellate Review for Combined Arbitration Denial and Remand Under 28 U.S.C. § 1447(d) Introduction This commentary examines the Eleventh Circuit’s decision in Fu Jing Wu a.k.a. Leo Wu v....
No “Magic Words” Required: Eleventh Circuit Clarifies Weighting of Treating Physicians’ Opinions Introduction In Jill Capobianco v. Commissioner, Social Security Administration (11th Cir. Mar. 19,...
Jury Unanimity and “Any Firearm” Under 18 U.S.C. § 922(g): Means vs. Elements Clarified Introduction United States v. Johnathan Morris, 22-13764 (11th Cir. March 19, 2025), addresses a pivotal...
“Use” of a Passport Secured by False Statements: A Broad and Intentional Standard Introduction The case of UNITED STATES OF AMERICA v. STEVEN SCHRECK (a.k.a. Eugene Sandburg) presents a compelling...
Fundamental Alteration Exception in ADA Section 309: Preserving Exam Integrity Introduction The judgment in Brian James Albert v. Association of Certified Anti-Money Laundering Specialists, LLC...
Sovereign Immunity and Jurisdictional Boundaries for Non-FTCA Post-Conviction Asset Claims: Zane Balsam v. United States Introduction Zane Balsam v. United States, 22-10662 (11th Cir. Mar. 18, 2025),...
Arguable Probable Cause from On-Scene Corrections Intelligence Defeats § 1983 False-Arrest Claims; Malicious Prosecution Requires a Post-Process Seizure I. Introduction In Heather Santiago v. Shawn...
Subcontractor “Condition Precedent” Endorsements Can Defeat the Duty to Defend When the Alleged Damages Are Factually Based (Even Partly) on Subcontractor Work 1. Introduction Case: Accident...
RFC Excludes Appointment-Based Absenteeism: Only Impairment-Caused Functional Limits Belong in the Residual Functional Capacity I. Introduction In Afaf Malak v. Commissioner of Social Security (11th...
Clarifying Plain-Error Review of Rule 11 Plea Colloquy Failures in the Eleventh Circuit Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Lyedrekus Onetaye...
Express Contract References Create Third-Party Beneficiary Arbitration Obligations and ICC-Rule Incorporation Delegates Arbitrability I. Introduction In Various Insurers, Reinsurers and...
United States v. Salter: Sufficiency Upheld Despite No Body-Cam Footage and Weight-Report Errors When Wiretaps, Controlled Buys, Seized Drugs, and Admissions Corroborate Guilt 1. Introduction In...