11th Circuit Case Commentaries

MDLEA Reaffirmed: Foreign EEZs Are “High Seas” Under the Felonies Clause; Non-Confirmation Creates “Vessel Without Nationality”; No U.S. Nexus Required; Amendment 833 Not Retroactive

Date: Apr 20, 2026

MDLEA Reaffirmed: Foreign EEZs Are “High Seas” Under the Felonies Clause; Non-Confirmation Creates “Vessel Without Nationality”; No U.S. Nexus Required; Amendment 833 Not Retroactive I. Introduction...

Upward Variances for Prison Weapon Possession May Rest on Assaultive Conduct and Deterrence Even When Guidelines Are Low — United States v. Hurt

Date: Apr 20, 2026

Upward Variances for Prison Weapon Possession May Rest on Assaultive Conduct and Deterrence Even When Guidelines Are Low — United States v. Hurt (11th Cir. Apr. 16, 2026) I. Introduction In United...

Unsecured Creditors May Assert Contractual Post-Petition Bankruptcy Attorneys’ Fees as Allowed Claims (No Disallowance by Negative Implication from §§ 502(b) or 506(b))

Date: Apr 20, 2026

Unsecured Creditors May Assert Contractual Post-Petition Bankruptcy Attorneys’ Fees as Allowed Claims (No Disallowance by Negative Implication from §§ 502(b) or 506(b)) Introduction In AE OPCO III,...

ADA § 12112(d)(4): Mandatory Leadership Coaching Is Not a “Medical Examination” Absent Evidence of a Procedure/Test Seeking Impairment Information

Date: Apr 20, 2026

ADA § 12112(d)(4): Mandatory Leadership Coaching Is Not a “Medical Examination” Absent Evidence of a Procedure/Test Seeking Impairment Information Introduction Case: K. Jeff Carney, M.D., PHARMD v....

ADA § 12112(d)(4): Mandatory Leadership Coaching Is Not a “Medical Examination” Absent a Procedure or Test Seeking Health/Impairment Information

Date: Apr 20, 2026

ADA § 12112(d)(4): Mandatory Leadership Coaching Is Not a “Medical Examination” Absent a Procedure or Test Seeking Health/Impairment Information Case: K. Jeff Carney, M.D., PHARMD v. Emory University...

General Procedural-Reasonableness Objection Does Not Preserve a Specific § 3553(a)(6) Comparator-Scope Challenge; No Plain Error for Limiting Comparators to the Sentencing District Absent Controlling Authority

Date: Apr 20, 2026

General Procedural-Reasonableness Objection Does Not Preserve a Specific § 3553(a)(6) Comparator-Scope Challenge; No Plain Error for Limiting Comparators to the Sentencing District Absent Controlling...

NFIA § 4072 Limitations Period Runs from First Denial When the Claim Is “Proved” by an Adjuster’s Report (No Sworn Proof of Loss Required)

Date: Apr 20, 2026

NFIA § 4072 Limitations Period Runs from First Denial When the Claim Is “Proved” by an Adjuster’s Report (No Sworn Proof of Loss Required) 1. Introduction In Zozo Investments LLC v. First Community...

Georgia DHS Is an Arm of the State Immune from FDCPA and § 1983 Suits Over Child-Support License-Suspension Enforcement; Ex Parte Young Requires Suing Officers, Not Agencies

Date: Apr 20, 2026

Georgia DHS Is an Arm of the State Immune from FDCPA and § 1983 Suits Over Child-Support License-Suspension Enforcement; Ex Parte Young Requires Suing Officers, Not Agencies 1. Introduction In Andy...

“Sanctions and/or Internal Policy” Wire-Cancellation Notices: Truth-in-Context and Qualified Privilege Defeat Florida Defamation Claims

Date: Apr 20, 2026

“Sanctions and/or Internal Policy” Wire-Cancellation Notices: Truth-in-Context and Qualified Privilege Defeat Florida Defamation Claims I. Introduction Monarch Air Group, LLC v. JPMorgan Chase Bank,...

Perfunctory Pro Se Appellate Briefing Forfeits Review, Even Where Limitations and State-Action Defects Independently Bar § 1983 Claims

Date: Apr 17, 2026

Perfunctory Pro Se Appellate Briefing Forfeits Review, Even Where Limitations and State-Action Defects Independently Bar § 1983 Claims 1. Introduction In John P. Curry v. Deputy K. England (11th Cir....

Nonwaivable Investment Advisers Act Fiduciary Duties and the Bar on Unjust-Enrichment Recovery for Services Tethered to a Void Advisory Contract

Date: Apr 17, 2026

Nonwaivable Investment Advisers Act Fiduciary Duties and the Bar on Unjust-Enrichment Recovery for Services Tethered to a Void Advisory Contract 1. Introduction In Tenor Capital Partners, LLC v....

FRUPA Loyalty in P3 Joint Ventures: “Adverse Interest” Requires Objective Divergence, and Technical Capital-Call Defects Yield to Substantial Performance

Date: Apr 17, 2026

FRUPA Loyalty in P3 Joint Ventures: “Adverse Interest” Requires Objective Divergence, and Technical Capital-Call Defects Yield to Substantial Performance Court: United States Court of Appeals for the...

Deliberate Indifference After Prison Transfers Requires Actual, Particularized Knowledge that the Official’s Own Conduct Created the Risk

Date: Apr 17, 2026

Deliberate Indifference After Prison Transfers Requires Actual, Particularized Knowledge that the Official’s Own Conduct Created the Risk I. Introduction In Ricardo McClinton v. Warden, Baldwin State...

Rule 41(b) Dismissals “Without Prejudice” Do Not Support Res Judicata; Conclusory “Conspiracy with Judges” Allegations Fail the State-Action Requirement

Date: Apr 17, 2026

Rule 41(b) Dismissals “Without Prejudice” Do Not Support Res Judicata; Conclusory “Conspiracy with Judges” Allegations Fail the State-Action Requirement 1. Introduction Larry Clark, Sr. v. LC Halsten...

Plea Withdrawal Not Justified by Uncertainty Over Guidelines Drug Quantity; Appeal Waiver Enforced After Adequate Rule 11 Colloquy

Date: Apr 17, 2026

Plea Withdrawal Not Justified by Uncertainty Over Guidelines Drug Quantity; Appeal Waiver Enforced After Adequate Rule 11 Colloquy 1. Introduction In United States v. Christopher Demon Holloway (11th...

Harmless-Error Affirmance for Alleged Hearsay in Child-Sex-Abuse Prosecutions When Victim Testimony and Corroborating Evidence Independently Establish Guilt

Date: Apr 17, 2026

Harmless-Error Affirmance for Alleged Hearsay in Child-Sex-Abuse Prosecutions When Victim Testimony and Corroborating Evidence Independently Establish Guilt 1. Introduction United States v. Roger Lee...

Alternative-Sentence Harmlessness: Affirming Despite a Potential Career-Offender Error When the District Court Would Impose the Same Term and the Result Is Substantively Reasonable

Date: Apr 17, 2026

Alternative-Sentence Harmlessness: Affirming Despite a Potential Career-Offender Error When the District Court Would Impose the Same Term and the Result Is Substantively Reasonable Case: United...

Non-Retroactive § 924(c) Changes and U.S.S.G. § 1B1.13(b)(6): Discretion to Deny Compassionate Release on § 3553(a) Grounds

Date: Apr 17, 2026

Non-Retroactive § 924(c) Changes and U.S.S.G. § 1B1.13(b)(6): Discretion to Deny Compassionate Release on § 3553(a) Grounds 1. Introduction United States v. David Antoine Luster (11th Cir. Apr. 13,...

Collected Means Payable: Airlines Must Remit TSA Security Fees Despite Cancellations; Expired Travel Credits Are Not Refunds

Date: Apr 16, 2026

Collected Means Payable: Airlines Must Remit TSA Security Fees Despite Cancellations; Expired Travel Credits Are Not Refunds Case: Spirit Airlines, LLC v. Transportation Security Administration...

Reinstatement Is Not “Irreparable Harm”: Preliminary Injunctions Denied Where Post-Trial Reinstatement and Back Pay Can Fully Remedy a Tenured Professor’s Termination

Date: Apr 16, 2026

Reinstatement Is Not “Irreparable Harm”: Preliminary Injunctions Denied Where Post-Trial Reinstatement and Back Pay Can Fully Remedy a Tenured Professor’s Termination Introduction In Jennifer M....

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