affirmation-of-district-court Case Commentaries

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

Date: Sep 26, 2025

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)...

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

Date: Sep 26, 2025

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC...

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Date: Sep 26, 2025

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply Introduction This commentary...

Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Date: Sep 26, 2025

Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)...

Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Date: Sep 26, 2025

Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders Introduction In Vaghari v. Bondi (No. 23-6727, Sept. 25,...

Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Date: Sep 26, 2025

Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues Italian-American Defense League v. City of New Haven, No. 24-2877 (2d Cir. Sept. 25, 2025) (summary...

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

Date: Sep 26, 2025

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez Introduction In a...

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation

Date: Sep 26, 2025

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation Case: United States v. Sudiata Neket Zanja Stinson, No. 24-11993 (11th Cir. Sept. 25, 2025)...

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas

Date: Sep 26, 2025

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas Case Overview Case: United States v. Cristian...

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed

Date: Sep 26, 2025

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed Introduction In United States v. Cloepha Franks, No. 24-11546 (11th...

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Date: Sep 26, 2025

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld Commentary on United States v....

Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law

Date: Sep 26, 2025

Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law Introduction This appeal—Hanover American Insurance Co. v....

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges

Date: Sep 26, 2025

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges...

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

Date: Sep 26, 2025

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello Introduction This commentary analyzes the...

Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Date: Sep 26, 2025

Erlinger’s Admission Exception in Practice: Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements Case: United States v. Hiawatha Laquinta Scott, III, No. 24-11045 (11th Cir....

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

Date: Sep 26, 2025

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests Introduction In a published...

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses

Date: Sep 26, 2025

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses Introduction This...

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment

Date: Sep 26, 2025

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment Introduction In United States v....

No Bond Coverage for Financing Disguised as Sale–Leaseback; Surety May Invoke Parol Evidence as a “Stranger”; Prevailing Defendants Can Recover § 936 Fees Based on Suit’s Gravamen

Date: Sep 26, 2025

No Bond Coverage for Financing Disguised as Sale–Leaseback; Surety May Invoke Parol Evidence as a “Stranger”; Prevailing Defendants Can Recover § 936 Fees Based on Suit’s Gravamen Introduction In...

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment

Date: Sep 26, 2025

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment...

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