11th Circuit Case Commentaries

Revocation Proof and Confrontation in the Eleventh Circuit: Custodian Affidavits May Suffice, but “Missed Treatment” Requires Competent Evidence

Date: Apr 26, 2026

Revocation Proof and Confrontation in the Eleventh Circuit: Custodian Affidavits May Suffice, but “Missed Treatment” Requires Competent Evidence Introduction In United States v. Amaury Rodriguez...

Eleventh Circuit Reaffirms that § 922(g)(1) Remains Constitutional After Bruen and Rahimi and Treats Closing-Argument Inferences as Non-Plain Error

Date: Apr 26, 2026

Eleventh Circuit Reaffirms that § 922(g)(1) Remains Constitutional After Bruen and Rahimi and Treats Closing-Argument Inferences as Non-Plain Error 1. Introduction In United States v. Anthony Mackey...

APA Review of USCIS § 1154(c) Marriage-Fraud Bars: Contradictory Affidavits and “Same-Evidence” Refilings Do Not Make Denials Arbitrary

Date: Apr 26, 2026

APA Review of USCIS § 1154(c) Marriage-Fraud Bars: Contradictory Affidavits and “Same-Evidence” Refilings Do Not Make Denials Arbitrary 1. Introduction Albana Avullija v. Secretary, Department of...

Defamation-by-Implication: Public-Figure Plaintiffs Must Prove Intent to Convey the Defamatory Meaning Under New York Times Actual Malice

Date: Apr 26, 2026

Defamation-by-Implication: Public-Figure Plaintiffs Must Prove Intent to Convey the Defamatory Meaning Under New York Times Actual Malice Introduction Roy Stewart Moore v. Senate Majority PAC (11th...

Compassionate Release Jurisdiction: A Court Cannot Reduce a Fully Served Sentence When a Defendant Is Serving a Separate Consecutive Sentence

Date: Apr 26, 2026

Compassionate Release Jurisdiction: A Court Cannot Reduce a Fully Served Sentence When a Defendant Is Serving a Separate Consecutive Sentence 1. Introduction United States v. Robert Sawyer (11th Cir....

Zero-Tolerance Vaccine-Policy Terminations: Strict Comparator Similarity, Mixed-Motive Preservation, and Tight Causation/Severity Thresholds Under Title VII and § 1981

Date: Apr 25, 2026

Zero-Tolerance Vaccine-Policy Terminations: Strict Comparator Similarity, Mixed-Motive Preservation, and Tight Causation/Severity Thresholds Under Title VII and § 1981 Introduction In Debra Nevins v....

Diagnosis and Product Attribution Trigger Accrual Under Georgia Law: Limits on the Discovery Rule and the Independent Bar of the 10-Year Statute of Repose

Date: Apr 25, 2026

Diagnosis and Product Attribution Trigger Accrual Under Georgia Law: Limits on the Discovery Rule and the Independent Bar of the 10-Year Statute of Repose 1. Introduction In James Brown v. E.T....

Pleading § 2 Refusal-to-Deal Claims Requires a Plausible Relevant Market and Monopoly Power; Georgia “Partnership” and Warranty Claims Require Profit/Loss Sharing and Timely Notice

Date: Apr 25, 2026

Pleading § 2 Refusal-to-Deal Claims Requires a Plausible Relevant Market and Monopoly Power; Georgia “Partnership” and Warranty Claims Require Profit/Loss Sharing and Timely Notice 1. Introduction In...

Trump v. CASA Does Not Invalidate Cross-District Prefiling Injunctions Requiring a Vexatious Litigant to Disclose Prior Filings

Date: Apr 25, 2026

Trump v. CASA Does Not Invalidate Cross-District Prefiling Injunctions Requiring a Vexatious Litigant to Disclose Prior Filings Introduction In Waseem Daker v. Commissioner, Georgia Department of...

USERRA: Honest-Belief, Independent-Reason Defense; Individualized “Reasonably Certain” Pay for Pension Credits; No Vacation Accrual Without a Comparable Leave

Date: Apr 24, 2026

USERRA: Honest-Belief, Independent-Reason Defense; Individualized “Reasonably Certain” Pay for Pension Credits; No Vacation Accrual Without a Comparable Leave Introduction In Adam McLean v. Delta Air...

Non-Signatory Estoppel Limits in New York Convention Seamen Arbitration: Concerted-Misconduct Must Be Tied to the Jones Act Injury

Date: Apr 24, 2026

Non-Signatory Estoppel Limits in New York Convention Seamen Arbitration: Concerted-Misconduct Must Be Tied to the Jones Act Injury I. Introduction In Byron Chemaly v. Eddie Lampert (11th Cir. Apr....

Erlinger Errors Are Harmless When the PSR Shows ACCA Predicates Occurred Years Apart

Date: Apr 24, 2026

Erlinger Errors Are Harmless When the PSR Shows ACCA Predicates Occurred Years Apart I. Introduction United States v. Jamaal Hameen is an Eleventh Circuit decision on remand after the Supreme Court...

Erlinger ACCA “Different Occasions” Error Is Harmless When the PSR Shows Predicate Offenses Years Apart

Date: Apr 24, 2026

Erlinger ACCA “Different Occasions” Error Is Harmless When the PSR Shows Predicate Offenses Years Apart 1. Introduction United States v. Jamaal Hameen (11th Cir. Apr. 22, 2026) returns to the...

Eleventh Circuit Upholds Federal Project Labor Agreement Presumption and Clarifies Claim-by-Claim Irreparable-Harm Review for Preliminary Injunctions

Date: Apr 24, 2026

Eleventh Circuit Upholds Federal Project Labor Agreement Presumption and Clarifies Claim-by-Claim Irreparable-Harm Review for Preliminary Injunctions I. Introduction Associated Builders and...

Ex parte Young Cannot Be Used to Obtain Injunctive “Specific Performance” of a State Contract

Date: Apr 24, 2026

Ex parte Young Cannot Be Used to Obtain Injunctive “Specific Performance” of a State Contract Case: Erica Lavina v. Florida Prepaid College Board (11th Cir. Apr. 21, 2026) Court: United States Court...

NEPA Does Not Reach State-Built Immigration Detention Projects Absent Final Federal Agency Action and More-Than-Minimal Federal Funding and Control

Date: Apr 24, 2026

NEPA Does Not Reach State-Built Immigration Detention Projects Absent Final Federal Agency Action and More-Than-Minimal Federal Funding and Control I. Introduction Friends of the Everglades, Inc. v....

Second Amendment “Common Use” Rule: Machineguns and Conversion Devices Fall Outside Constitutional Protection

Date: Apr 24, 2026

Second Amendment “Common Use” Rule: Machineguns and Conversion Devices Fall Outside Constitutional Protection Case: United States v. Maxon Alsenat (11th Cir.) Date: 2026-04-21 Statute: 18 U.S.C. §...

Plain-View Passenger-Floorboard Firearm Supports Constructive Possession; Obvious Juror Unfitness Permits Pre-Deliberation Removal Without Further Inquiry

Date: Apr 23, 2026

Plain-View Passenger-Floorboard Firearm Supports Constructive Possession; Obvious Juror Unfitness Permits Pre-Deliberation Removal Without Further Inquiry Case: United States v. Myking Green (11th...

CAFA Jurisdiction Is Fixed at Filing Absent a Frivolous CAFA Hook: Eleventh Circuit Requires a “Frivolousness” Inquiry Before Dismissing After Nondiverse Parties Remain

Date: Apr 23, 2026

CAFA Jurisdiction Is Fixed at Filing Absent a Frivolous CAFA Hook: Eleventh Circuit Requires a “Frivolousness” Inquiry Before Dismissing After Nondiverse Parties Remain 1. Introduction In Keith...

Post-Amendment 803 Supervised-Release Disclosures: No “Classic Penalty” Compulsion Without an Unambiguous Fifth Amendment Invocation; No Sua Sponte Kastigar Hearing on Plain-Error Review

Date: Apr 23, 2026

Post-Amendment 803 Supervised-Release Disclosures: No “Classic Penalty” Compulsion Without an Unambiguous Fifth Amendment Invocation; No Sua Sponte Kastigar Hearing on Plain-Error Review I....

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