11th Circuit Case Commentaries

“No, I’m Willing to Listen” Is Not an Unequivocal Invocation of the Right to Remain Silent (and Rule 403 Redaction Requests Do Not Preserve Confrontation Clause Claims)

Date: Apr 22, 2026

“No, I’m Willing to Listen” Is Not an Unequivocal Invocation of the Right to Remain Silent (and Rule 403 Redaction Requests Do Not Preserve Confrontation Clause Claims) Case: United States v. Amos...

Mandatory Life Under 21 U.S.C. § 841(b)(1)(C) Remains Enforceable After the First Step Act, and Equal-Protection Attacks Fail on Plain-Error Review

Date: Apr 22, 2026

Mandatory Life Under 21 U.S.C. § 841(b)(1)(C) Remains Enforceable After the First Step Act, and Equal-Protection Attacks Fail on Plain-Error Review I. Introduction In United States v. Christopher...

Exhibits as Pleading Admissions and the Post-Judgment Cutoff for Rule 15 Amendments in Insurance Coverage Suits

Date: Apr 21, 2026

Exhibits as Pleading Admissions and the Post-Judgment Cutoff for Rule 15 Amendments in Insurance Coverage Suits 1. Introduction In Sara Meir v. Westchester Surplus Lines Insurance Company, No....

Felon-in-Possession Challenges in the Eleventh Circuit: § 922(g)(1) Remains Constitutional After Bruen and Rahimi Under Binding Prior-Panel Precedent

Date: Apr 21, 2026

Felon-in-Possession Challenges in the Eleventh Circuit: § 922(g)(1) Remains Constitutional After Bruen and Rahimi Under Binding Prior-Panel Precedent 1. Introduction United States v. Eibe Scott (11th...

Serial Removal Barred: Federal Courts May Sua Sponte Remand Removed Ejectment Actions that Violate a Pre‑Filing Injunction, and FIRREA § 1821(j) Does Not Shield Such Conduct

Date: Apr 21, 2026

Serial Removal Barred: Federal Courts May Sua Sponte Remand Removed Ejectment Actions that Violate a Pre‑Filing Injunction, and FIRREA § 1821(j) Does Not Shield Such Conduct 1. Introduction Case:...

Sovereign-Immunity Dismissals Are Jurisdictional and Must Be Without Prejudice (11th Cir.)

Date: Apr 21, 2026

Sovereign-Immunity Dismissals Are Jurisdictional and Must Be Without Prejudice (11th Cir.) 1. Introduction In Robert Walker v. Brett Michael Waronicki (11th Cir. Apr. 16, 2026) (per curiam; not for...

Rescinded Transfers and Vague Comparators Do Not Create a Triable Title VII Case; Untimely § 1983 Claims Are Barred Absent Post-Limitations Acts

Date: Apr 21, 2026

Rescinded Transfers and Vague Comparators Do Not Create a Triable Title VII Case; Untimely § 1983 Claims Are Barred Absent Post-Limitations Acts I. Introduction In Elnoria Howell v. Baldwin County...

Post-Erlinger ACCA Limits and Clerical-Error Remands: § 924(e) Cannot Appear in the Judgment When the ACCA Was Not Triggered

Date: Apr 21, 2026

Post-Erlinger ACCA Limits and Clerical-Error Remands: § 924(e) Cannot Appear in the Judgment When the ACCA Was Not Triggered I. Introduction United States v. Nathaniel Broughton (11th Cir. Apr. 17,...

Amendment 833 Is Substantive (Not Clarifying) and Non-Retroactive on Direct Appeal; MDLEA Jurisdiction Applies in Foreign EEZs Without a U.S. Nexus

Date: Apr 21, 2026

Amendment 833 Is Substantive (Not Clarifying) and Non-Retroactive on Direct Appeal; MDLEA Jurisdiction Applies in Foreign EEZs Without a U.S. Nexus Introduction United States v. Angelo Martinez is a...

Reaffirming MDLEA’s Extraterritorial Reach (Including Foreign EEZs) and Denying Mitigating-Role Relief to Vessel Captains Despite the 2025 § 2D1.1(e) “Low-Level Function” Guidance

Date: Apr 21, 2026

Reaffirming MDLEA’s Extraterritorial Reach (Including Foreign EEZs) and Denying Mitigating-Role Relief to Vessel Captains Despite the 2025 § 2D1.1(e) “Low-Level Function” Guidance I. Introduction...

Off-Premises Sign Limits Are Content-Neutral; Standing Confines Facial Attacks to the Enforced Provision

Date: Apr 21, 2026

Off-Premises Sign Limits Are Content-Neutral; Standing Confines Facial Attacks to the Enforced Provision Case: Geoffrey Anderson v. City of Atlanta, Georgia (No. 24-13509) Court: United States Court...

Eleventh Circuit: Tortious Cease-and-Desist Letters and Personal-Capacity Targeting Defeat the Corporate Shield and Establish Specific Jurisdiction

Date: Apr 20, 2026

Eleventh Circuit: Tortious Cease-and-Desist Letters and Personal-Capacity Targeting Defeat the Corporate Shield and Establish Specific Jurisdiction I. Introduction Case: Frida Kahlo Corporation v....

Florida Lemon Law: § 681.104(3) Presumptions Are Non-Mandatory; § 681.104(1) Notice Thresholds Are Strict

Date: Apr 20, 2026

Florida Lemon Law: § 681.104(3) Presumptions Are Non-Mandatory; § 681.104(1) Notice Thresholds Are Strict I. Introduction Case: Kevin Joyce v. Forest River, Inc., No. 24-12819 (11th Cir. Apr. 17,...

Harmless-Error Review Requires a Clear Keene Statement When a Court Erroneously Denies the Third Acceptance Point Under U.S.S.G. § 3E1.1(b)

Date: Apr 20, 2026

Harmless-Error Review Requires a Clear Keene Statement When a Court Erroneously Denies the Third Acceptance Point Under U.S.S.G. § 3E1.1(b) 1. Introduction In United States v. Jason Edward Lopez...

§ 4243 Commitment After NGRI: Verbal Threats, Episodic Bipolar Disorder, and Release-Plan Instability Can Support “Substantial Risk”

Date: Apr 20, 2026

§ 4243 Commitment After NGRI: Verbal Threats, Episodic Bipolar Disorder, and Release-Plan Instability Can Support “Substantial Risk” Case: United States v. Joshua Richard Potenza (11th Cir. Apr. 17,...

Mandatory-Minimum-Controlled Sentencing: No Plain Error for Not Orally Stating a Supplanted Guideline Range; Upward Variance Sustained

Date: Apr 20, 2026

Mandatory-Minimum-Controlled Sentencing: No Plain Error for Not Orally Stating a Supplanted Guideline Range; Upward Variance Sustained Introduction In United States v. Rickey Lee Miller, Jr. (11th...

United States v. Chalifoux: No Sua Sponte Duty to Solicit Defendant Testimony at a Sell Hearing; Uncontroverted Expert Evidence Supports Involuntary Medication

Date: Apr 20, 2026

No Sua Sponte Duty to Solicit Defendant Testimony at a Sell Hearing; Uncontroverted Expert Evidence Supports Involuntary Medication 1. Introduction In United States v. Shawn Michael Chalifoux (11th...

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11th Circuit Case Commentaries

“No, I’m Willing to Listen” Is Not an Unequivocal Invocation of the Right to Remain Silent (and Rule 403 Redaction Requests Do Not Preserve Confrontation Clause Claims)

Mandatory Life Under 21 U.S.C. § 841(b)(1)(C) Remains Enforceable After the First Step Act, and Equal-Protection Attacks Fail on Plain-Error Review

Exhibits as Pleading Admissions and the Post-Judgment Cutoff for Rule 15 Amendments in Insurance Coverage Suits

Felon-in-Possession Challenges in the Eleventh Circuit: § 922(g)(1) Remains Constitutional After Bruen and Rahimi Under Binding Prior-Panel Precedent

Serial Removal Barred: Federal Courts May Sua Sponte Remand Removed Ejectment Actions that Violate a Pre‑Filing Injunction, and FIRREA § 1821(j) Does Not Shield Such Conduct

Sovereign-Immunity Dismissals Are Jurisdictional and Must Be Without Prejudice (11th Cir.)

Rescinded Transfers and Vague Comparators Do Not Create a Triable Title VII Case; Untimely § 1983 Claims Are Barred Absent Post-Limitations Acts

Post-Erlinger ACCA Limits and Clerical-Error Remands: § 924(e) Cannot Appear in the Judgment When the ACCA Was Not Triggered

Amendment 833 Is Substantive (Not Clarifying) and Non-Retroactive on Direct Appeal; MDLEA Jurisdiction Applies in Foreign EEZs Without a U.S. Nexus

Reaffirming MDLEA’s Extraterritorial Reach (Including Foreign EEZs) and Denying Mitigating-Role Relief to Vessel Captains Despite the 2025 § 2D1.1(e) “Low-Level Function” Guidance

Off-Premises Sign Limits Are Content-Neutral; Standing Confines Facial Attacks to the Enforced Provision

Eleventh Circuit: Tortious Cease-and-Desist Letters and Personal-Capacity Targeting Defeat the Corporate Shield and Establish Specific Jurisdiction

Florida Lemon Law: § 681.104(3) Presumptions Are Non-Mandatory; § 681.104(1) Notice Thresholds Are Strict

Harmless-Error Review Requires a Clear Keene Statement When a Court Erroneously Denies the Third Acceptance Point Under U.S.S.G. § 3E1.1(b)

§ 4243 Commitment After NGRI: Verbal Threats, Episodic Bipolar Disorder, and Release-Plan Instability Can Support “Substantial Risk”

Mandatory-Minimum-Controlled Sentencing: No Plain Error for Not Orally Stating a Supplanted Guideline Range; Upward Variance Sustained

United States v. Chalifoux: No Sua Sponte Duty to Solicit Defendant Testimony at a Sell Hearing; Uncontroverted Expert Evidence Supports Involuntary Medication

ERISA LTD Benefits May Cease for Failure to Provide Objective Proof of Continued Disability Required by Plan Terms

Eleventh Circuit Affirms MDLEA Convictions Without U.S. Nexus and Upholds Upward Variance Based on Specific Deterrence

Amendment 833 Is Substantive and Non-Retroactive on Direct Appeal; MDLEA Applies in Foreign EEZs Without a U.S. Nexus