11th Circuit Case Commentaries

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew

Date: Nov 1, 2025

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew Introduction In Ibhar Al Mheid v. Katy Minchew et al., No. 24-11930 (11th...

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025)

Date: Nov 1, 2025

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025) Court:...

Eleventh Circuit Clarifies: Misadvice on Supervised-Release Maximum at Revocation Is Not Plain Error Absent Prejudice; District Courts May Weigh Context of Dismissed Violations When Varying Upward

Date: Nov 1, 2025

Misadvice at Supervised-Release Revocation Is Not Plain Error Without Prejudice; Broad Sentencing Latitude Under § 3583(e) Confirmed Case: United States v. Clonet Junior Charmant, No. 25-10202 (11th...

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility

Date: Nov 1, 2025

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility Introduction This commentary analyzes the Eleventh Circuit’s unpublished, per...

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense”

Date: Nov 1, 2025

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense” Introduction In United States v. Orlando Paradise (No....

Eleventh Circuit (post–Loper Bright) holds Florida “culpable negligence” child‑neglect convictions categorically qualify as a deportable “crime of child neglect” under INA § 1227(a)(2)(E)(i); Chevron‑era Pierre still exerts precedential force

Date: Nov 1, 2025

Post–Loper Bright framework: Florida “culpable negligence” child‑neglect is a categorical “crime of child neglect” under INA § 1227(a)(2)(E)(i), and Chevron‑era Pierre remains operative (for now)...

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals Council

Date: Nov 1, 2025

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals...

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County

Date: Nov 1, 2025

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County Introduction In this unpublished, per curiam opinion, the U.S....

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements

Date: Nov 1, 2025

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements Introduction In Elias Makere v. Allstate...

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court” under Rule 60(d)(3)

Date: Nov 1, 2025

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court”...

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases

Date: Nov 1, 2025

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases Introduction This non-argument,...

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors

Date: Nov 1, 2025

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors Introduction This appeal arises at the intersection of...

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Date: Oct 30, 2025

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: Eleventh Circuit in Goolsby v. City of Monroe Introduction In Alicia Goolsby v. City of Monroe, the Eleventh...

Murray v. Miranda: Eleventh Circuit Forecloses Bivens Damages for Federal Prison Medical-Indifference Claims Where BOP Grievance Procedures Exist

Date: Oct 30, 2025

Murray v. Miranda: Eleventh Circuit Forecloses Bivens Damages for Federal Prison Medical-Indifference Claims Where BOP Grievance Procedures Exist Introduction In this unpublished, non-argument...

Ratification, Not Mere Approval: Eleventh Circuit Clarifies Monell Pleading Against Florida School Boards and Confirms Supplemental Jurisdiction Discretion After Dismissal (Post‑Royal Canin)

Date: Oct 30, 2025

Ratification, Not Mere Approval: Eleventh Circuit Clarifies Monell Pleading Against Florida School Boards and Confirms Supplemental Jurisdiction Discretion After Dismissal (Post‑Royal Canin)...

Certified Uncertainties in Florida Proceedings Supplementary: Eleventh Circuit Sends Five Determinative Questions on § 56.29 Remedies, FUFTA Limitations, and Tolling to the Florida Supreme Court

Date: Oct 30, 2025

Certified Uncertainties in Florida Proceedings Supplementary: Eleventh Circuit Sends Five Determinative Questions on § 56.29 Remedies, FUFTA Limitations, and Tolling to the Florida Supreme Court...

No Blanket Immunity for Post‑Settlement Keyword Bidding: Eleventh Circuit Limits Release and Res Judicata to Pre‑Execution Conduct and Enforces FTC‑Approval Contingency

Date: Oct 28, 2025

No Blanket Immunity for Post‑Settlement Keyword Bidding: Eleventh Circuit Limits Release and Res Judicata to Pre‑Execution Conduct and Enforces FTC‑Approval Contingency Case: Edible IP, LLC v....

ECF Non-Receipt, Health Issues, and Computer Viruses Are Not Excusable Neglect Without Specific, Supported Facts: Eleventh Circuit Reaffirms Counsel’s Duty to Monitor the Docket and Limits Post-Judgment Amendments

Date: Oct 28, 2025

ECF Non-Receipt, Health Issues, and Computer Viruses Are Not Excusable Neglect Without Specific, Supported Facts: Eleventh Circuit Reaffirms Counsel’s Duty to Monitor the Docket and Limits...

Shotgun Pleadings, Pro Se Latitude, and Rule 58 Waiver: The Eleventh Circuit’s Reaffirmation in Moore v. Southern Company

Date: Oct 28, 2025

Shotgun Pleadings, Pro Se Latitude, and Rule 58 Waiver: The Eleventh Circuit’s Reaffirmation in Moore v. Southern Company Introduction In an unpublished, per curiam decision, the Eleventh Circuit...

Reaffirming Broad Discretion to Weigh Prior Sentences in Upward Variances: United States v. Carmel Linot (11th Cir. 2025)

Date: Oct 28, 2025

Reaffirming Broad Discretion to Weigh Prior Sentences in Upward Variances Under § 3553(a): United States v. Carmel Linot Court: U.S. Court of Appeals for the Eleventh Circuit Date: October 24, 2025...