Case law

Casa Express Corp v. Bolivarian Republic of Venezuela

Court of Appeals for the Eleventh Circuit · Oct 29, 2025

The district court concluded that (1) Venezuela validly waived its immunity from suit under the Foreign Sovereign Immunities Act (“FSIA”) in the FAAs, and (2) Casa was entitled to its requested relief … And the district court clearly lacked ancillary jurisdiction over the supplementary proceedings. E.

Jefferson County v. Acker

Court of Appeals for the Eleventh Circuit · Aug 21, 1995

The judges are "officer[s] of the courts of the United States," but removal of an action under this section requires the satisfaction of two additional requirements: (1) the defendant must establish a "causal connection … It based this ruling on two alternative grounds: (1) that the United States' significant interest in the tribes qualified them for the exception, and a symbolic joinder of the United States would serve no purpose; and (

United States v. Timothy Allen Weeks

Court of Appeals for the Eleventh Circuit · Jan 31, 2013

The final judgment for Weeks’ conviction for aggravated battery with a deadly weapon merely established that he pleaded guilty to that offense on April 1, 1999. … Turner, 626 F.3d 566, 572 (11th Cir. 2010) (noting that sentencing enhancements need only be established by a preponderance of the evidence).

Esmat Zaklama, M.D. v. Mt. Sinai Medical Center, Esmat Zaklama v. Mt. Sinai Medical Center of Greater Miami

842 F.2d 291 · Court of Appeals for the Eleventh Circuit · Apr 12, 1988

To establish a prima facie case Zaklama was required to prove by a preponderance of the evidence that he: is a member of a protected class, was qualified for the position held, and was discharged ... while a person outside … Sinai is immune from liability.

Christman v. Holmes etc.

448 F. App'x 869 · Court of Appeals for the Eleventh Circuit · Aug 30, 2011

As a state actor, Officer Holmes is entitled to qualified immunity if he was performing a discretionary function and the alleged conduct did not violate a clearly established statutory or constitutional right. … needed to be clearly established on the date of the alleged violation.

United States v. Xavier Levar Smith

983 F.3d 1213 · Court of Appeals for the Eleventh Circuit · Dec 21, 2020

The record clearly establishes that Thurston conveyed to Smith the plea offer—five years in state prison in exchange for no federal charges being filed— and advised Smith of the possible consequences if he rejected it—a … § 893.13 qualifies as serious drug offense under the ACCA. ___ U.S. at ___, 140 S. Ct. at 785-86.

Smith v. Christian

763 F.2d 1322 · Court of Appeals for the Eleventh Circuit · Jun 24, 1985

Following the physical examination, appellant was notified that because he was missing his right index finger, he was not qualified for military duty as a commissioned naval officer. … The Recruiting Commander responded as follows: 6 The Navy Recruiting Command's inquiry into the facts clearly establishes that the program was not available when Mr. Smith submitted his application.

Shea Rebecca Brown v. Rudolph Davis, Sr.

684 F. App'x 928 · Court of Appeals for the Eleventh Circuit · Apr 11, 2017

Qualified Immunity in the Employment Discrimination Context Where the defendant employer is also a state official acting under color of state law, the plaintiff must also overcome the defendant employer’s qualified … To overcome qualified immunity, the plaintiff must show that: (1) the defendant violated a constitutional right, and; (2) this right was clearly established at the time of the alleged violation. See Morris v.

United States v. Jose Manuel Abreu

406 F.3d 1304 · Court of Appeals for the Eleventh Circuit · Apr 20, 2005

Abreu, however, argues that the government failed to establish the reliability of the expert opinion. … Moreover, since district courts are given broad latitude in deciding how to determine the reliability of an expert opinion, we conclude from the record that the district court did not clearly err in giving greater weight

Magnin v. Teledyne Continental Motors

91 F.3d 1424 · Court of Appeals for the Eleventh Circuit · Aug 15, 1996

"[T]he test for removal should be broader, not narrower, than the test for official immunity." Id. … Of course, the cause of the crash has not yet been conceded, nor has it been established in any court of law.

Joseph E. Simanonok v. Germaine B. Simanonok

787 F.2d 1517 · Court of Appeals for the Eleventh Circuit · Apr 29, 1986

Despite its shortcomings the complaint, in Count I, succeeds in clearly and unequivocally alleging a violation of Simanonok’s due process rights. … The Court concluded that federal officials were immune from damage claims and observed that the statute prohibited inquiry into the personal jurisdiction of the court issuing the writ of garnishment.

Stephen G. Burke v. Timothy Bowns

653 F. App'x 683 · Court of Appeals for the Eleventh Circuit · Jun 27, 2016

Qualified Immunity Defendants invoked the affirmative defense of qualified immunity in their Special Report. However, neither the magistrate judge nor the district judge engaged in qualified immunity analysis. … Accordingly, we do not proceed to the “clearly established” prong on any of Plaintiff’s claims.

Pictet Overseas Inc. v. Helvetia Trust

905 F.3d 1183 · Court of Appeals for the Eleventh Circuit · Sep 24, 2018

The real estate agent qualifies as an "associated person" under the FINRA Arbitration Code because she is a partner of a member. See FINRA Rule 12100(a), (r). … We accept the district court's factual findings unless they are clearly erroneous. See Multi-Fin. Sec. Corp. v. King , 386 F.3d 1364 , 1366 (11th Cir. 2004).

Carlos Ivan Vincente-Abad v. Timothy Sonnenberg

Court of Appeals for the Eleventh Circuit · Mar 20, 2020

II “We review de novo a district court’s denial of qualified immunity,” Piazza v. … III A An officer seeking to assert a qualified immunity defense must first “establish[] that he was acting within his discretionary authority.” Bailey v.

Estella Curry v. Warden

Court of Appeals for the Eleventh Circuit · Aug 4, 2026

Does Curry qualify for the Martinez [v. … For Curry’s ineffective assistance claims, the district court granted a COA on the following issue: “Does Curry qualify for the Martinez exception to establish cause for the procedural default of her

Jefferson County v. Acker

Court of Appeals for the Eleventh Circuit · Aug 21, 1995

The judges are “officer[s] of the courts of the United States,” but removal of an action under this section requires the satisfaction of two additional requirements: (1) the defendant must establish a “causal connection … It based this ruling on two alternative grounds: (1) that the United States’ significant interest in the tribes qualified them for the exception, and a symbolic joinder of the United States would serve no purpose; and

United States v. Carrazana

921 F.2d 1557 · Court of Appeals for the Eleventh Circuit · Jan 30, 1991

execute search warrants at any of the premises suspected of containing cocaine, failed to subpoena any of the persons suspected of being involved in the organization to testify before the grand jury, and failed to offer immunity … Veccio contends that Sergeant Gonzalez had no specialized training in the use of codes and had never before been qualified as an expert.

Madeline M. Stevens v. Commissioner of Internal Revenue

872 F.2d 1499 · Court of Appeals for the Eleventh Circuit · May 17, 1989

The notice of deficiency stated that the Stevens had failed to establish that deductible losses had been sustained. … A failure to prove any one of them will prevent the taxpayer from qualifying for relief. See Purcell, 826 F.2d at 473 ; Shea, 780 F.2d at 565 .

Maurice Walker v. City of Calhoun, GA

901 F.3d 1245 · Court of Appeals for the Eleventh Circuit · Aug 22, 2018

McLaughlin only provides that jurisdictions which comply with the 48-hour rule “will be immune from systemic challenges.” Id. (emphasis added). … from systemic challenges to Harris County like the immunity sought by Calhoun here.

Mijenes v. Commissioner of Social Security

687 F. App'x 842 · Court of Appeals for the Eleventh Circuit · May 3, 2017

Past Relevant Work Mijenes takes issue with the ALJ’s determination that her former job as a housekeeper qualifies as past relevant work. … If the ALJ chooses to assign less weight to a treating physician’s opinion, however, he must clearly articulate his reasons for doing so. Id.