Case law

United States v. William M. Conover and Anthony R. Tanner

772 F.2d 765 · Court of Appeals for the Eleventh Circuit · Sep 30, 1985

The evidence is clearly sufficient to support the conclusion that these transactions occurred. … Had the government been required to show a knowing violation of an REA rule, regulation, or procedure, the letter would have clearly been admissible.

Diego F. Castillo-Arias v. U.S. Attorney General

446 F.3d 1190 · Court of Appeals for the Eleventh Circuit · Apr 20, 2006

And because the Castillos failed to meet the lower burden of proof for establishing eligibility for asylum, the IJ denied withholding of deportation because they could not satisfy the higher burden of proof to qualify for … An agency’s interpretation is deemed reasonable unless it is “arbitrary, capricious, or clearly contrary to law.” Alabama Power Co. v. Fed.

Kilgore v. Secretary, Florida Department of Corrections

805 F.3d 1301 · Court of Appeals for the Eleventh Circuit · Nov 16, 2015

The “clearly established Federal law” requirement is one of those limits. … Justice O’Connor noted in Williams that “whatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly established Federal law, as determined by the Supreme Court of the United States’ under

Alfred Barr v. David Gee, Paul Fitts

437 F. App'x 865 · Court of Appeals for the Eleventh Circuit · Aug 16, 2011

All of the named defendants moved to dismiss on grounds of failure to state a claim and entitlement to qualified immunity. … 20 qualified immunity for such conduct.

Eric A. Pollard v. Commissioner of Internal Revenue Service

786 F.2d 1063 · Court of Appeals for the Eleventh Circuit · Apr 14, 1986

The tax court’s findings clearly establish that no agency-principal relationship existed between the orders and these church members. We discern no error in the *1066 court’s analysis. … Although appellants’ arguments of error are unconvincing, in any case we find such error harmless given that appellants failed to establish that donations in any amount would qualify as charitable deductions here.

Slagle v. Itt Hartford

102 F.3d 494 · Court of Appeals for the Eleventh Circuit · Dec 31, 1996

Slagle therefore claims that the McCarran-Ferguson Act does not entitle the appellees to immunity from her antitrust claims. … In essence, Slagle claims that the appellees conspired to fix prices at an unlawful rate, but as clearly announced in Hartford, a conspiracy to charge an inflated price is not a "boycott".

Carla Hilger v. Jenny Velazquez

463 F. App'x 847 · Court of Appeals for the Eleventh Circuit · Mar 26, 2012

Qualified immunity is immunity from suit and not merely a defense to liability. Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806, 2815 (1985). … If the constitutional right would have been violated, the court must determine whether the right was clearly established. Id. Now, courts may begin the inquiry by deciding the second question first.

Morley's Auto Body, Inc. v. Hunter

70 F.3d 1209 · Court of Appeals for the Eleventh Circuit · Dec 18, 1995

Alabama A & M Univ., 28 F.3d 1146, 1148-52 (11th Cir.1994) (en banc) (looking to Alabama law in holding that state university officials were entitled to qualified immunity in wrongful discharge case because it was not … clearly established that university vice president had a property interest under state law in continued employment).

Henry C. Lollar v. Alabama By-Products Corp., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Arthur Hicks v. Alabama By-Products Corp., and Director, Office of Workers' Compensation Programs, United States Department of Labor

893 F.2d 1258 · Court of Appeals for the Eleventh Circuit · Feb 6, 1990

(Emphasis added.) 17 It is thus clear that section 718.204 embodies two essential elements which a claimant must establish in order to qualify for benefits under the Act: (1) The claimant must establish that he has a total … Furthermore, Sec. 718.203(a) provides that in order to qualify for benefits, a claimant must establish that his pneumoconiosis "arose at least in part out of coal mine employment."

Curtis Inv. Co. v. Comm'r

909 F.3d 1339 · Court of Appeals for the Eleventh Circuit · Dec 6, 2018

A witness's knowledge, training, skill, education, or experience may qualify her as an expert. Id. at 1260-61 . … We do not, however, require that all expert witnesses be qualified by virtue of experience or consultation with other entities. Experts may be qualified in various ways. Frazier , 387 F.3d at 1260 -61 .

Jacqueline Scott v. Mark F. Taylor

405 F.3d 1251 · Court of Appeals for the Eleventh Circuit · Apr 13, 2005

Had the Court intended to limit its holding to the chief justice’s individual capacity, that would have left pending the plaintiffs’ official capacity claim; however, the court clearly left no such claim pending. … Like other circuits, this Court should ensure that there is Article III standing before resolving issues of Eleventh Amendment, sovereign, absolute, or qualified immunity in interlocutory appeals. See, e.g., Webb v.

Barbara Davis, Cross-Appellants. v. The Hon. John Marsh, Jr., Secretary of the Army, Cross-Appellees

807 F.2d 908 · Court of Appeals for the Eleventh Circuit · Jan 13, 1987

The record in this case establishes that the appellees did not rely on the exceptions set forth in 2675(b) in support of their claim for damages in excess of the amount sought in the original administrative claim. … We hold, under the circumstances, it was proper for the district court to' allow the three additional children to be considered as qualified beneficiaries under the Florida law.

Jessie L. Morrison v. Linwood Booth

763 F.2d 1366 · Court of Appeals for the Eleventh Circuit · Jun 25, 1985

The district court’s finding of no pretext was not clearly erroneous. 3. … The court’s findings are not clearly erroneous. See 3 Rec. at 255, 277.

United States of America and Edward H. Jackson, Revenue Agent, Internal Revenue Service v. Herbert Gottlieb and the Florida Trade Exchange, Inc.

712 F.2d 1363 · Court of Appeals for the Eleventh Circuit · Aug 22, 1983

No. 97-248, § 311 (b), 96 Stat. 324 , 601 (1982), FTE clearly qualified as a third-party recordkeeper at the time the summons was issued because it extended credit through a device similar to a credit card. 7 . … Our review of the record indicates that the district court’s finding was not clearly erroneous. 10 .

United States v. Luis P. Costa, Jose M. Barros, Carlos D. Bicho

31 F.3d 1073 · Court of Appeals for the Eleventh Circuit · Sep 13, 1994

Despite a grant of use immunity by the government, Mario DaCosta persisted in his refusal and was held in contempt by the district court. … far tends to subject the declarant to criminal liability that a reasonable person in his position would not have made the statement unless he believed it to be true; and (3) the statement is corroborated by circumstances clearly

Joseph W. Massaro, Patricia Ann Massaro, Plaintiffs-Counterclaim Joseph P. Massaro, Plaintiff-Counterclaim v. Mainlands Section 1 & 2 Civic Association, Inc., Defendant-Counterclaim United States of America v. Mainlands Section 1 & 2 Civic Association, Inc.

3 F.3d 1472 · Court of Appeals for the Eleventh Circuit · Oct 7, 1993

The Massaros and the United States appeal this decision. 8 A district court's findings of fact are reviewed under a clearly erroneous standard. Fed.R.Civ.P. 52(a). … We need not resolve this issue, however, because even assuming the more deferential standard of review, we hold that given the lack of supporting evidence at the time of the discriminatory acts, the district court clearly

Ella Porter v. Richard S. Schweiker, in His Official Capacity as Secretary of Health and Human Services

692 F.2d 740 · Court of Appeals for the Eleventh Circuit · Nov 29, 1982

Although the evidence is not entirely clear, it appears Porter was on the Best Qualified List both times her application was denied. … The EEO Special Officer credited this affidavit entirely: “... the file clearly shows, in managerial testimony, that Ms. Porter, ... was not selected because she had been subject to disciplinary action. ...”

United States v. Joshua Lane Rogers

989 F.3d 1255 · Court of Appeals for the Eleventh Circuit · Mar 9, 2021

Because only one qualifying image is necessary, we do not reach the question of whether the two videos also qualify. See United States v. … Rogers has not met his burden of establishing that his sentence is substantively unreasonable.

National Companies Health Benefit Plan, Trust Agreement for the National Companies Health Benefit Plan, Alfred A. Davis, in His Capacity as Trustee, Michael C. Carlos, in His Capacity as Trustee, Plaintiffs-Counterclaim v. St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Medical and Dental Plan, for Employees of St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Defendant-Counterclaim Plaintiff-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh, Defendants-Counterclaim Plaintiffs-Crossclaim Plaintiffs-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh v. National Distributing Company

929 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Apr 30, 1991

In order for a qualified beneficiary to receive continuation coverage, one of several "qualifying event[s]" must occur. … Such reliance is encouraged by ERISA and, hence, was clearly reasonable. Furthermore, Mr.

Johnson v. State of FL

348 F.3d 1334 · Court of Appeals for the Eleventh Circuit · Oct 29, 2003

To the contrary, the Supreme Court in Rufo clearly held that the burden of proof is on the party seeking modification of a consent decree. … conditions” causing “grievous harm.” 42 U.S.C. § 1997(a). 38  As discussed infra, the state of the law when Congress enacted CRIPA was that prevailing defendants could qualify